Abbreviated Pundit Roundup: The politics of 2024 as seen from 2023.

Christian Vanderbrouk/The Bulwark:

They Did This to Themselves

By supporting the Liz Cheney purge and downplaying January 6th, Ron DeSantis and his conservative supporters dug their own hole.

We can stipulate that the team behind Ron DeSantis has done their candidate no favors. But reserve the lion’s share of blame for the conservative movement as a whole, which acceded to the purge of anti-Trump leaders like Liz Cheney and stifled criticism of the January 6th riot.

There have been 23 special elections for State Legislature this year Dems have overperformed Biden's vote share by an average of 8%— literally unprecedented for a party in the White House I have not read a single article in the mainstream media about this pic.twitter.com/cM46CPrfTD

— Brent Peabody 🇺🇸🇺🇦 (@brent_peabody) September 9, 2023

Understand that very conservative voters still (and will) turn out. it’s just that the rest of the country hates what Republicans are selling.

Dan Balz/Washington Post:

What divides political parties? More than ever, it’s race and ethnicity.

A new report examines political polarization. While acknowledging that anti-democratic impulses among Republicans are most worrisome, it suggests that both parties bear some responsibility for stoking division.

“Religion, economic concerns, and factors like education, age, and gender also divide us politically, but the reality is that as America becomes more diverse, it is also becoming more racially divided in the electoral arena,” Zoltan Hajnal of the University of California at San Diego writes in one chapter in the report.

Lilliana Mason of Johns Hopkins University writes in another chapter of the report, “The process of social sorting allowed the Republican Party to represent the interests of ‘traditional’ white, Christian America while the Democratic Party was increasingly representing those who were still struggling to overturn centuries of social inequality. This type of divide is not easily corrected — Democrats and Republicans have opposing visions of who should hold power in American society and how much progress has already been made.”

It’s both sides’ fault because one party is racist and Christian nationalist, and the other party isn’t. Therefore, they don’t agree.

And that right there is why doing the right thing doesn’t automatically win.  See Liz Cheney. And what that means is you need to play politics. From that, it follows that “your side” is going to choose to do things you don’t like while the other side does things you abhor, and/but you’ll still vote for them.

Further, it means campaigns matter, and Biden’s hasn’t started yet while Trump/Fox has never stopped. That’s one of the main reasons to ignore polling right now.

Jennifer Rubin/Washington Post:

I don’t write about polls. You shouldn’t bother with them, either.

You might have noticed that I studiously have avoided dissecting the avalanche of 2024 polls. I don’t plan on deviating from this approach — at least not until mid-2024. And you should consider ignoring the nonstop flood of polling and the rickety analysis dependent on it. Here are five reasons we should all go on a poll-free political diet for at least six months:

...

Second, voters tell us utterly contradictory things. Around 60 percent tell pollsters that four-time-indicted former president Donald Trump should drop out. But then nearly half say they’ll vote for him. Which is it? There is a hefty amount of research that what voters say they want doesn’t align with how they vote. Whether it is gas prices or the war in Ukraine or the candidates themselves, respondents often give contradictory answers, suggesting they either don’t understand the question, don’t really know what they think or respond based on tribal loyalty.

Lead buried in this WSJ story: 71% of suburban women oppose Supreme Court's Dobbs decision to overturn Roe v. Wade https://t.co/3VvytCxJCw

— David Frum (@davidfrum) September 8, 2023

Donald Ayer/The Atlantic:

Ignore Jack Smith’s Critics

The prosecutions of Donald Trump are something to celebrate, not lament.

Several distinguished individuals have recently expressed grave reservations about the prosecutions of former President Donald Trump. Notably, they appear to have no dispute about the seriousness of his wrongdoing. Rather, their main concern is that “terrible consequences” may result, because the prosecutions “may come to be seen as political trials … and play directly into the hands of Trump and his allies.” Although many Trump supporters will view the situation in just this way, any suggestion that prosecution is therefore unwise misconceives what is at stake here and, sadly, is evidence of America’s diminished national spirit.

Donald Ayer served as United States attorney and principal deputy solicitor general in the Reagan administration and as deputy attorney general under George H. W. Bush.

Jacqueline Alemany/Washington Post:

As GOP investigates prosecutors, experts worry about judicial independence

Investigate the investigator.

That has been the operating thesis of the GOP’s playbook to counter the myriad criminal investigations into Donald Trump, the de facto leader of the Republican Party. Interrogating investigators’ methods and scruples is a strategy that has been utilized by both parties during tumultuous moments, and is a well-worn tool for lawmakers seeking to appease constituents hungry for the appearance of oversight on polarizing issues.

The strategy has been effective in shaping public opinion of the investigations after years of sustained broadsides against the judicial system by Trump and his top allies. Washington Post-FiveThirtyEight-Ipsos poll last month showed 75 percent of potential Republican primary voters said charges against the former president across various investigations were politically motivated.

On our @cygnal tracking polling of LVs we have Biden +3 but one thing is to look at where we think turnout will eventually be, not the topline. Among perfect voters: Biden 50-44 (+6%) Among presidential year voters: Trump 44-43 (+1%) Among occasional voters: Trump 42-35 (+7%)

— Noah Wyhof-Rudnick (@rudnicknoah) September 7, 2023

The presidential year voters are who campaigns aim at. The occasional voters are in some ways the most interesting, but sometimes they stay at the West Virginia diner and don’t vote at all. That’s where digital campaigns come in (they’re cheaper). But if you want to make a real difference you do this:

NBC News:

Democrats launching $20 million voter registration drive amid race for House control

The $20 million voter registration effort comes as Democrats look to retake control of the House in 2024.

A non-profit aligned with House Democrats is kicking off a $20 million voter registration drive focusing on key regions and voters in the battle for the House majority next year.

House Majority Forward announced the $20 million investment, which it called it's "initial" commitment, Tuesday. It'll target young, Black, Latino, Asian American and Pacific Islander and Native American voters, and will take place in areas home to key House districts including:

  • Alaska
  • The Des Moines, Iowa area
  • New York's Hudson Valley, Long Island, Southern Tier and Syracuse metro area
  • Northern Virginia
  • Various regions in Michigan
  • Pennsylvania's Lehigh Valley and the Scranton/Wilkes-Barre area
  • Various parts of Michigan including Flint, the middle of the state, the Lansing area and part of the Detroit metro area

Bill Scher/Washington Monthly:

Ageist Attacks Aren’t New in Presidential Campaigns, And They Haven’t Worked

Republicans are gleeful, and Democrats are worried about Biden’s age. But such attacks on White House contenders go back to antebellum days and rarely draw blood.
  • He is “both physically and intellectually incompetent to perform the many, varied, arduous, and important duties which must devolve upon every President of the United States.”  

No, that’s not a Republican politician attacking Joe Biden. That’s an attack by a Democratic politician on William Henry Harrison, the 1840 Whig Party nominee.

Harrison was, at the time, the oldest presidential candidate ever. According to historian Ronald G. Shafer in his book, The Carnival Campaign, Democrats embarked on a “whispering campaign hinting that the old general, at age sixty-seven, was in such poor health that he might not survive the campaign.” (He would die days after his inauguration, but most likely from contaminated water, not old age.)

Democratic newspapers dubbed him “Old Granny Harrison.” One polemicist for a Baltimore rag sought to deride the former Territory of Indiana Governor and Ohio Senator as an aging drunk but famously missed the target: “Give him a barrel of hard cider and settle a pension of two thousand a year on him and, my word for it, he will sit the remainder of his days in a log cabin by the side of a ‘sea coal’ fire and study moral philosophy.” The Whigs turned “Log Cabin and Hard Cider” into a popular campaign slogan, painting Harrison as an authentic everyman.  

Republicans aren’t so gleeful after Mitch McConnell’s health issues and Donald Trump’s hamburder lifestyle.

Adam Bass/Ordinary Times:

Let Joe Biden Be Joe Biden: Voter Reactions To President Biden’s Events

However, something changes when you put Biden in front of a campaign crowd and give him a portable microphone.

The octogenarian President moves to make wisecracks, becomes louder and prouder of his accomplishments, jabs at former president Donald Trump, and even jokes about his most vulnerable attribute.

When I watched Biden make a Labor Day stop in Philadelphia, PA, I was taken aback by his mannerisms and almost felt like I was watching a 2012 stump speech.

And I was not the only one who noticed this either.

I showed the video of Biden at the event to several of my colleagues and my peers around 25 years of age — many of them worried about his age and mental acuity.

Many seemed impressed with his cadence and energy at the Labor Day event.

“It reminds me of when he was Vice President,” one said on the condition of anonymity. “I want to see more of this Biden.”

To see if this was consistent, I conducted a focus group.

A new liberal tilt to the Wisconsin Supreme Court is driving Republican fears of losing their large legislative majorities, which were built under some of the most gerrymandered political maps in the country. https://t.co/HSvCPFcKSq

— The Associated Press (@AP) September 10, 2023

Dan Kaufman/New Yorker:

The Wisconsin G.O.P.’s Looming Judicial Attack

A state Supreme Court justice—recently elected in a landslide—may be impeached before she ever hears a case.

Republicans in the Assembly, who have sixty-four of the chamber’s ninety-nine seats, need only a simple majority to impeach Protasiewicz. A trial would then be held in the Senate, which requires a vote with a two-thirds majority—the exact proportion currently held by Republicans—to convict. If Protasiewicz is impeached, she would be barred from performing her duties while awaiting the trial. Some political observers have suggested that the Senate may delay holding one, which would leave Protasiewicz powerless and the court ideologically deadlocked. Others have suggested that Republicans may try to convict her by December 1st; Wisconsin’s Democratic governor, Tony Evers, could appoint a replacement—who would serve only until the next judicial election, which is in April, on the same date as the state’s Republican Presidential primary. (If Protasiewicz is convicted after December 1st, a replacement would serve until 2031.)

Robert Yablon, a professor of law at the University of Wisconsin-Madison, who has examined judicial impeachments across the country, has found no record of any judge in American history being impeached for failing to recuse herself owing to campaign activities, including statements made on the trail. He noted a 2002 U.S. Supreme Court case, whose majority opinion was written by Antonin Scalia, that gives wide latitude to judicial candidates to speak on political issues. Nor has Yablon found a judge who has been removed before hearing a single case. “This is a very vivid illustration of the kind of minoritarian rule that a gerrymander can get you,” he said.

If you’re worried about Biden’s age, read this thread. In short, the president is not a normal person. There are thousands of people behind him doing the work of government. Please read this. https://t.co/cSOMJKuT0J

— The Editorial Board (@johnastoehr) September 10, 2023

Abbreviated Pundit Roundup: The planned destruction of democracy in Wisconsin

Ian Millhiser/Vox:

The Republican Party’s plan to rule the state of Wisconsin forever, explained

Wisconsin’s legislature is gerrymandered to ensure that Democrats will never win it. Republicans have a plan to keep it that way.

A quirk in the state constitution, however, may allow Wisconsin’s gerrymandered legislature to strip Protasiewicz of her ability to decide cases, and to do so indefinitely. That would leave the state supreme court evenly divided between Democrats and Republicans, and thus unable (or, at least, unwilling) to strike down the state’s gerrymander.

According to the New York Times, “Republicans in Wisconsin are coalescing around the prospect of impeaching” Protasiewicz. If the state assembly moved forward with impeachment, and then the gerrymandered state Senate convicted her, that wouldn’t actually be that big of a deal. Democratic Gov. Tony Evers could immediately appoint a replacement justice, who would then provide the fourth vote to strike down the gerrymandered maps.

But the state constitution also provides that “no judicial officer shall exercise [her] office, after [s]he shall have been impeached, until [her] acquittal.” So the state assembly could conceivably impeach Protasiewicz, and then the state senate could delay her trial forever — effectively creating a vacancy on the court that could last for a very long time.

Michelle Goldberg/The New York Times:

Wisconsin Republicans Try to Subvert Democracy, Again

Janet Protasiewicz, the left-leaning candidate in the nonpartisan contest, was careful not to declare how she would rule in specific cases, but she said that she was personally pro-choice and that she wanted to take a fresh look at the state’s “rigged” electoral maps. She won by 11 points, about as near to a landslide as anyone in closely divided Wisconsin is likely to get. The voters’ message couldn’t have been clearer.

But Wisconsin Republicans may have one move left to thwart their inconvenient citizenry. It looks increasingly likely that they could use their nearly impregnable majority to impeach Protasiewicz before she’s heard a single case. “Anyone who cares about democracy should consider this threat to be deadly serious,” said Ben Wikler, the chair of the Democratic Party of Wisconsin. The only way to head off this autocratic power play, he said, “is if there’s a massive uproar that drowns out the voices of election overturners and Constitution shredders.”

Charlie Sykes/The Bulwark:

Justice Scalia Would Like a Word

The conservative flip-flop on judicial speech

Meanwhile, in Wisconsin…

Before they pull the trigger, however, Wisconsin’s Republicans might want to brush up on their Scalia. The late conservative judicial icon had some thoughts on the question of whether judicial candidates should be able to talk about political issues.

In the 2002 case, Republican Party of Minnesota v. White, Scalia wrote the majority opinion in which the Supreme Court ruled that the First Amendment does not permit the government to prevent judicial candidates from stating their opinions on disputed political or legal issues.

Scalia was joined by the court’s other conservative members — including Clarence Thomas. Justice Ruth Bader Ginsburg and three other liberal justices dissented.

now ask him about Wisconsin cc @benwikler https://t.co/Ir4j4HfRkc

— Greg Dworkin (@DemFromCT) September 8, 2023

POLITICO:

The GOP Is Losing the Doctor Vote in Pennsylvania. Will the Party Flatline in 2024?

A political realignment around health care is reshaping state politics.

From the beginning, Derry Township was a GOP stronghold (founder Milton Hershey was a staunch Republican), home to descendants of the chocolate factory’s Italian immigrant laborers and Pennsylvania Dutch farmers who settled in the rural, blue-collar and conservative hamlet. It was a “one-party town,” said lifelong resident and local historian Lou Paioletti, a Democrat and Derry Township’s elected tax collector. “Way back in the early days, there was an unwritten expectation that the chocolate company workers be registered Republican.” This GOP mood prevailed through the turn of this century. Republican presidential candidates, including Donald Trump in 2016, regularly won the township — the beneficiary of a massive Republican voter registration advantage.

By the early 2010s, though, the med center was making Derry Township suburban and transient — and more Democratic. After the 2012 election, The Sun, the Hershey area weekly newspaper, reported local Republicans’ “disappointment” with voter returns that was “bound to set off a round of soul searching — and bloodletting.” During Trump’s presidency, Democratic voter registration dramatically increased; in 2020, Joe Biden prevailed here.

NBC News:

Republicans are trying to find a new term for ‘pro-life’ to stave off more electoral losses

Sen. Todd Young, R-Ind., summarized the closed-door meeting on Capitol Hill as being focused on “pro-baby policies.”

At a closed-door meeting of Senate Republicans this week, the head of a super PAC closely aligned with Senate Minority Leader Mitch McConnell, R-Ky., presented poll results that suggested voters are reacting differently to commonly used terms like “pro-life” and “pro-choice” in the wake of last year’s Supreme Court decision that overturned Roe v. Wade, said several senators who were in the room.

The polling, which NBC News has not independently reviewed, was made available to senators Wednesday by former McConnell aide Steven Law and showed that “pro-life” no longer resonated with voters.

“What intrigued me the most about the results was that ‘pro-choice’ and ‘pro-life’ means something different now, that people see being pro-life as being against all abortions ... at all levels,” Sen. Kevin Cramer, R-N.D., said in an interview Thursday.

We know them for who they are.

I'm from Baltimore, where some dude wrote a poem on a warship and now all the rest of you mooks have to sing a couple verses of it before you can do much as play a fucking baseball game. https://t.co/FWRskG43yf

— David Simon (@AoDespair) September 8, 2023

Noah Smith/”Noahpinion” on Substack:

The danger of another American civil war is low

Re-upping some arguments I've made before.

Six or seven years ago, during the early days of the Trump administration, this rhetoric would have seemed all too realistic. I could clearly see how the U.S. might fall into a civil war similar to the one that laid waste to Spain in the 1930s — a contested election leading to a split within the military that eventually spirals into an all-out contest for control of the country.

In 2023, though, I’m not so worried. The 2020 election came and went, and sure enough, it was contested, even with a tiny little bit of violence. But there were no signs of a split within the U.S. Armed Forces. There’s little reason to expect that any 2024 replay would turn out differently.

And if the U.S. Military doesn’t split and fight itself, the prospects for civil war are low. With liberal cities and conservative exurbs, and each type of place heavily dependent on the other, the country just isn’t set up for a “national divorce” like the one we had in 1860.

Igor Bobic/HuffPost:

'A Big Circle Jerk': John Fetterman Dares Republicans To Impeach Joe Biden

“Go ahead. Do it, I dare you,” said the Democratic senator. "It's a loser."

Sen. John Fetterman (D-Pa.) had some blunt words for Republicans who are pushing to impeach President Joe Biden: It’ll bite you in next year’s elections.

“Go ahead. Do it, I dare you,” Fetterman said during an interview with a handful of reporters in his Capitol Hill office on Wednesday. “If you can find the votes, go ahead, because you’re going to lose. It’s a loser.”

“It would just be like a big circle jerk on the fringe right,” the senator added. “Sometimes you just gotta call their bullshit. If they’re going to threaten, then let’s see it.”

Lindsey Graham, David Perdue, Kelly Loeffler aka member of the GOP Senate https://t.co/paVXxITZ6n

— Greg Dworkin (@DemFromCT) September 8, 2023

from Matt Robison and Cliff Schecter:

Abbreviated Pundit Roundup: It’s not Joe Biden’s age. It’s the age we live in

Ryan Burge/Graphs About Religion:

How Do Religious Groups View Joe Biden Right Now?

And, does this tell us anything about his chances in 2024?

Biden did well in these [2020 primary] polls. Which makes sense because he did manage to win the nomination. In fact, he won a majority of the votes in most religious groups. That includes basically all Christians. Fifty-seven percent of white Catholics backed him in the primary and he got the same share of the Jewish vote.

There are some groups where he struggled a bit, though. That’s the most glaring when looking at the nones. He only got 42% of the ballots cast by nothing in particulars. He did even worse among agnostics (32%) and atheists (30%). In fact, there were only two instances where Biden wasn’t the plurality vote choice.

Thirty-eight percent of atheists were Sanders's voters. It was thirty-five percent of agnostics. Biden’s real weakness in the 2020 primary was secular folks. In the data about thirteen percent of all Democratic primary voters in 2020 were in the atheist or agnostic category.

Recall earlier that agnostics and atheists believed Sanders to be very liberal. This is clearly a case of “Sanders is really liberal and that’s why we are voting for him.” Not a situation where it’s, “Sanders is very liberal and that’s too liberal for me.”

Benjy Sarlin/Semafor:

You need to calm down, Democratic pollsters argue

But there are reasons campaign professionals tend to wave off early surveys, which have notoriously overstated threats to incumbents. Here’s why pollsters and strategists we spoke to say they’re not panicking yet.

There is no campaign. Every time you see a poll showing Biden’s approval in the 30s, mentally add an asterisk that says “before Democrats spend $1 billion.”

This isn’t so much about a prohibitive spending advantage (Republicans will have money too), but about what that money goes towards. In this case, it’s a message that so far has worked for Democrats in real-life conditions.

In the midterms, postmortems found that Democrats performed poorly in noncompetitive contests, but they won big in highly contested, swing state races where they could devote millions to ads on issues like abortion, drug prices, and entitlements while painting their opponents as “MAGA extremists.” The same formula has held up well in off-year elections since then, including a blowout judicial race in Wisconsin centered on abortion rights and gerrymandering.

The thing about Biden is that —for better/worse — he’s a singular figure BECAUSE of his age. He’s the only Dem with a brand that includes both Obama era and Clinton/Reagan era moderates. There’s an argument he’s the only one who would have won in 20. No one else w/ that profile.

— Benjy Sarlin (@BenjySarlin) September 6, 2023

Jill Lawrence/The Bulwark:

Joe Biden’s Problem Isn’t His Age, It’s Our Age

Trump’s cruelty theater is distorting politics and people’s views of the president.

As usual, Donald Trump is at the root of the mess. From the minute he entered the 2016 presidential race on a golden escalator in a building blaring his name, U.S. politics has been a twisted reality show that elevates outrage, insults, and cruelty in a spirit of sadistic fun. That’s entertainment, at least for Trump’s many millions of devoted fans.

Theatrics are not unheard of in the political arena, yet scenes from the relatively recent past seem so innocent now. 

Haley zigged when everybody else zagged and benefited from being different. There's probably not a plurality audience for her general election pitch, but it's at least interesting, and sends pundit/donor hearts aflutter. Vivek stood out on stage, but was high-stepping on DJT turf

— Liam Donovan (@LPDonovan) September 7, 2023

Jennifer Rubin/The Washington Post:

Wisconsin GOP entertains a constitutional crisis. Again.

Republicans are openly talking of impeaching Protasiewicz before she has heard a single case. Led by right-wing radical Assembly Speaker Robin Vos, Republicans accuse Protasiewicz of “prejudging” redistricting cases pending before the Supreme Court because of comments she made during her campaign. However, as the Associated Press reported, “She never promised to rule one way or another,” although she observed the lines were “unfair” and “rigged.” Republicans also claim she must recuse herself because she accepted money from the Democratic Party. She has promised to do so in any case in which the party is a litigant. (In the redistricting case, the Democratic Party is not a litigant.)

Republicans have threatened to move forward unless she recuses herself from the case challenging the redistricting lines. Because Wisconsin limits impeachment to cases of corruption or commission of a crime, neither of which apply here, this would be a blatant misuse of the constitution, a usurpation of judicial powers and a violation of the separation of powers.

Philip Bump/The Washington Post:

Wisconsin’s gerrymandering rides to the rescue of its gerrymandering

Allowing Protasiewicz to vote on the maps would probably mean that the boundaries will be redrawn, weakening the disproportionate power Republicans have wielded in the state legislature for years. So they’re using that disproportionate power in consideration of impeachment and removal.

We're hearing from the Capitol that constituents reaching out to legislators is making a difference. Keep calling, texting, knocking, and talking in person with your legislators. GOP legislators are nervous about ignoring the constitutional requirements for impeachment. 1/ https://t.co/KtFy0GcmBP

— Ben Wikler (@benwikler) September 7, 2023

Milwaukee Journal-Sentinel:

Wisconsin Democrats pledge a $4 million-plus blitz to counter GOP on impeaching Protasiewicz

In the month since Protasiewicz was sworn in after winning her April 2022 election with an 11-point margin — an unusually lopsided election in a state known for hotly contested statewide races — behind-the-scenes battles among justices and court employees have escalated with the court's conservative chief justice accusing its new liberal majority of pulling off "an unprecedented coup."

Additionally, Republican lawmakers have raised the prospect of impeaching Protasiewicz if she does not step away from challenges to the state's electoral maps that are currently under the court's consideration. Such proceedings would begin in the state Assembly, where a simple majority must vote to impeach before the state Senate can take it up. From there, the Senate can conduct a trial based on the evidence. If two-thirds of the senators present vote to convict, the official is removed from office.

In the case of a judicial officer, once the Assembly votes to impeach, the official cannot perform the duties of their office without being acquitted by the Senate. That leaves open the possibility the Senate could sit on the Assembly action without scheduling a trial, effectively sidelining Protasiewicz and leaving the court evenly divided at 3-3 on ideological lines.

Assembly Speaker Robin Vos said it's "common sense" that Protasiewicz should not rule on a case she has "prejudged," referring to the redistricting lawsuits.

This tendency to be obsessed w/ individual actors has also muddied progressive discourse, in addition to the "too old" convo. "We need a progressive challenger to Biden!" Why? Assuming this progressive challenger won the primary, what would they be achieving that Biden is not?

— Magdi Jacobs (@magi_jay) September 6, 2023

The Atlanta Journal-Constitution:

Fulton judge ‘very skeptical’ of trying all 19 Trump defendants together

“It seems a bit unrealistic that we could handle all 19 in 40-something days,” [State Judge] McAfee said. “That’s my initial reaction.”

McAfee gave prosecutors until Tuesday to respond in a court brief.

The judge’s comments came during a 90-minute hearing in which attorneys for two of the case’s co-defendants, lawyers Kenneth Chesebro and Sidney Powell, argued that they should be tried separately from one another and the larger group.

At the end of the hearing, McAfee granted Powell’s demand for a speedy trial, setting her trial date for Oct. 23, the same day as Chesebro’s. He denied a push from Chesebro to sever his case from Powell and a motion from Powell to sever her case from Chesebro’s.

The cheese won’t stand alone.

this is a BFD Biden Administration to Bar Drilling on Millions of Acres in Alaska The administration will cancel oil and gas leases in the Arctic National Wildlife Refuge and set aside more than half of the National Petroleum Reserve.https://t.co/hNc0GBTIrT

— Greg Dworkin (@DemFromCT) September 7, 2023

Chris Geidner/Law Dork:

Alabama continues fighting to ignore SCOTUS voting rights decision

Alabama Secretary of State Wes Allen plans to go back to the Supreme Court on Thursday to ask the justices to ignore the fact that Alabama ignored the court’s own June voting rights ruling, as well as lower court rulings ordering Alabama to give Black voters in the state the opportunity to elect two congressional representatives of their choosing.

Allen, supported by Alabama Attorney General Steve Marshall, wants the justices to allow the state to implement its latest illegal map that only contains one such “opportunity district” — with the intention of using it in the 2024 elections.

The real question is whether the Supreme Court will allow this brazen effort to ignore the law, the federal courts, and its own ruling.

Guilty pleasures — Cliff Schecter on Peter Navarro (who was convicted yesterday of Contempt of Congress):

Abbreviated Pundit Roundup: The impeachment trial of Texas AG Ken Paxton begins

We began today with Yuriko Schumacher and James Barragán of the Texas Tribune as an indictment-drenched summer continues with headlines moving today from Atlanta to Austin as the impeachment trial of suspended Texas Attorney General Ken Paxton begins. 

The Senate gallery will be open to the public daily, beginning at 8 a.m., with tickets distributed for the morning session on a first-come, first-served basis starting at 7:30 a.m. on the Capitol’s third floor. Tickets for the afternoon session will be distributed 45 minutes before the gallery reopens. The trial also will be livestreamed on the Texas Senate’s website and at texastribune.org.

Lt. Gov. Dan Patrick will act as judge. Senators, serving as jurors, will consider 16 of 20 articles of impeachment. The Senate previously voted to delay consideration of the other four. Paxton’s wife, Sen. Angela Paxton, will sit as a member of the court but will not vote on any decisions or participate in private deliberations.

The trial will begin with the court clerk reading aloud the 16 articles. Paxton, who was ordered to appear in person, or his lawyer will plead guilty or not guilty to each article. On the first day of the trial, some witnesses are also ordered to appear outside the front door of the Senate chamber at 11 a.m.

Jim Henson of the Texas Politics Project at the University of Texas at Austin did some comprehensive polling of Paxton’s favorability that shows that even given the “parallels” between the legal circumstances of Paxton and Trump, Paxton is nowhere near as popular as Number 45 with Texas Republicans.

2. Erosion in public assessments of Paxton is evident in his job approval ratings, including among groups that are relatively more supportive of his position in the impeachment and trial. We delved in depth into this topic in the post accompanying the release of the poll. Paxton’s net job approval ratings (the difference between shares approving and disapproving) among all voters fell from an already low -11 in June to -19 in August. Among Republicans, it fell from +32 in June (51% approve/19% disapprove) to + 23 in August (46/23), and among conservatives, from +23 in June (50/27) to +14 in August (46/32). Among rural voters, his net approval plummeted from net +25 in December 2022 (53/28) to net +3 in June 2023 (36/33), then to net -1 in August (35/36). [...]

5. While there exists a history of political connections between Paxton and former President Donald Trump and even parallels between the pair’s legal and ethical jeopardy, support for Paxton among his Republican constituents lacks the persistence of the incredibly durable support Republicans maintain for Trump. Paxton does not enjoy the unwavering support in Texas that has been a hallmark of the space Trump occupies among his following in Texas. An look the trend in Paxton’s job approval ratings among Texas Republicans, and in Trump's job approval numbers during his turbulent presidency as well as his favorability ratings since his reluctant exit from the White House illustrate how sharply Paxton’s ratings have suffered from his impeachment in late May (from 73% in December 2022 to 46% in August 2023), while Trump’s numbers have remained remarkably consistent, despite some evidence of erosion in his favorability ratings between June 2021 and August 2023 (from 86% to 79%).

Chris Smith of Vanity Fair thinks that in spite of the latest pundit buzz (and President Joe Biden’s Labor Day speech in Philadelphia yesterday), Biden will continue, by and large, to not attack Trump’s legal woes.

For Biden, the attempt to stay above the fray is a relatively easy choice. His brand is all about returning Washington to functioning normally, and the contrast he wants to draw is that he, unlike Trump, is a believer in the nonpartisan dispensing of justice. “I think the president has been clear on the issues that underlie all of these indictments, like the issues of democracy, of the rule of law, of having an independent justice department,” a Biden insider says. “The irony of people being like, Why won’t the president comment on the indictments? Part of what Trump is indicted for is weaponizing the Justice Department! And people want us, in some sense, to do the same thing? Why would we do that? Our guy stands for the opposite of that.” The ongoing federal investigation of the president’s son is also a disincentive: Biden commenting on the cases against Trump while Hunter Biden is still under scrutiny by a special counsel would give oxygen to Republican what-about-ism.

Beyond the White House, though, the prevailing silence is more nuanced and somewhat harder to understand. Six Senate Democrats have a solid reason: Sherrod Brown (Ohio), Joe Manchin (West Virginia), and Jon Tester (Montana) are running for reelection in states Trump won in 2020; Tammy Baldwin (Wisconsin), Bob Casey (Pennsylvania), and Jacky Rosen (Nevada) are running in states Trump barely lost. Bashing the former president could be counterproductive for them; better to focus their campaigns on local issues as they try to win over independents. But then there’s Hakeem Jeffries, House Democrats’ leader, whose job in the minority could arguably be entirely centered on attacking Trump’s candidacy and legal troubles. He, too, has been careful in his comments. “The Trump indictment and the facts that will continue to emerge from the legal process speak for themselves,” Jeffries told CNN in June. [...]

In both the 2020 presidential election and the 2022 midterms, impatient Democrats and pundits worried that Biden was waiting too long to get his act together or that he was emphasizing the wrong messages. Yet selling “the soul of America” worked for Biden three years ago and talking about the general threat to democracy resonated with voters last fall, as Democrats exceeded dismal expectations. “He was widely criticized for not focusing on the economy, for talking about democracy and reproductive rights,” the Biden insider says of the midterms. “And he was proven right.”

In 2008, Barack Obama was elected POTUS primarily because the American electorate trusted him with the mandate of getting us out of Iraq and restoring a good economy.

In 2020, Joe Biden’s mandate was that he not be Donald Trump.

Basically, be a good steward of the country and, more importantly, do what you were elected to office to do.

Jelani Cobb of The New Yorker reminds us not to repeat the mistakes of President Gerald Ford, this time in a matter I just learned of today.

In early August, 1975, President Gerald Ford granted amnesty to a polarizing figure whose actions had posed a grave threat to American democracy. The man in question was not Richard Nixon, whom Ford had pardoned eleven months earlier, but General Robert E. Lee. After the Civil War, the prospect of prosecution had loomed over former members of the Confederacy. In 1865, President Andrew Johnson issued a proclamation that absolved most of them but excluded, among others, Confederate leaders and those who held property worth more than twenty thousand dollars. Three years later, Johnson, who felt that it was simply time to move on, issued another proclamation, which expanded the pardon to include the men, such as Lee, who had organized and led the rebellion. Still, having renounced their U.S. citizenship and taken up arms against the government, they were required to swear an oath of allegiance and make a formal request to regain their rights. Lee’s application was lost—one theory holds that Secretary of State William H. Seward gave Lee’s paperwork to a friend as a souvenir—and he died, in 1870, a man without a country.

When Ford reinstated Lee as an American citizen, albeit a dead one, he stretched the truth to the point of prevarication. Lee’s character, Ford remarked, had been “an example to succeeding generations” and the reinstatement was therefore “an event in which every American can take pride.” Nixon’s pardon was far more controversial, but it followed a similar logic. Speaking to Bob Woodward, in the late nineties, Ford explained that Watergate had become such a debacle that there was no hope of making progress on any domestic or foreign-policy issue until it was resolved. He was, in his telling, motivated by concern for the nation’s fate, not Nixon’s. Despite the scale and the destructiveness of his predecessor’s actions, he argued, it was time for the nation to move on.

Late last month, Donald Trump, the twice-impeached, serially indicted former President of the United States, arrived at a courthouse in Atlanta, Georgia, to face charges stemming from his alleged attempt to overturn the results of the 2020 election. By then, the spectacle of a former President being indicted had gone from unprecedented to old hat. In addition to the sprawling Georgia case, grand juries have returned indictments against Trump in a business-fraud case brought by District Attorney Alvin Bragg, in New York, and in two federal cases brought by Jack Smith, a special counsel for the Department of Justice: the first, in Florida, relates to the mishandling of classified materials, and the second, in Washington, D.C., to election interference. (Trump has pleaded not guilty in all of them.) The most damning charges appear in the election cases, which concern Trump’s attempts to retain the Presidency after being voted out of office. Those attempts, of course, culminated in the January 6th assault on the U.S. Capitol—the most significant threat to the peaceful transition of power since the conflict at the center of Robert E. Lee’s forfeited citizenship.

To be completely fair to President Ford, the measure to restore Robert E. Lee’s citizenship was also passed in a joint resolution by Congress. General Ulysses S. Grant did endorse Lee’s request.

Alex Seitz-Wald of NBC News wonders whatever happened to relatively quiet summer months on the political front.

By tradition, business would largely halt for what Thomas Jefferson dubbed the “sickly months” of late summer in a capital city supposedly (but not actually) built on a swamp. “No good legislation ever comes out of Washington after June,” quipped Franklin Delano Roosevelt’s vice president John Nance Garner.

And the August of an off-off year like this one — when there’s neither a presidential nor a midterm election in the fall — should have been as quiet as politics gets. But even the quiet moments of American politics these days can be cacophonous. [...]

This August also saw the indictment and arrest of a former president (twice), a racially charged mass shooting, a racially charged brawlnear a Mississippi riverboat, an active shooter scare at the U.S. Capitol, a police raid on a small-town newspaper amid a national debate on press freedom, the ongoing Hollywood actor and writer strike and the first GOP presidential debate of the 2024 election.

“It used to be that even the most addled political junkies got to dry out in August,” said Liam Donovan, a lobbyist and former GOP campaign operative. “But between the new season of Law & Order: MAGA and Trump’s would-be challengers desperate to gain traction via the debate stage, this year offers even less of a respite than usual.”

Cathy Young of The Bulwark offers some interesting and informed speculation about what the death (?) of Yevgeny Prigozhin reveals about Putin’s Russia.

Prigozhin’s rebellion brought with it new revelations. Among other things, it showed how weak Putin’s vaunted domestic support in Russia really was. No one took to the streets in defense of the government when it faced a serious enough threat to make the president and other top officials flee Moscow. When Prigozhin and his men took over Rostov-on-Don, the locals cheered. The Wagner rebels’ sojourn in Rostov also left a visual that provides a striking metaphor for the state of Russia in 2023: a tank stuck in the entrance gates of a circus.

Another unexpected truth bomb came from Putin himself. The Kremlin autocrat was evidently so piqued by his “chef’s” betrayal that he publicly confirmedsomething investigative reporters such as those at Bellingcat had long said and Russian officialdom had long denied: that the Wagner group was not a “private military company” but an outfit fully funded by the state, to the tune of nearly $1 billion in just the past year. (In other words, Wagner was the Kremlin’s instrument for what Bellingcat called “deniable black ops.”)

In turn, former Russian faux president and current deputy national security chief Dmitry Medvedev was sufficiently spooked by the rebellion not only to hightail it to Turkey but to also make a de facto admission that Russia’s nuclear saber-rattling was a bluff. “In the history of the human race there has never been a situation where the largest arsenal of nuclear weapons was controlled by bandits,” Medvedev told the Russian news agency TASS. “Such a crisis will obviously not be limited to a single country. The world will be brought to the brink of annihilation.” Never mind that Medvedev himself had been the Kremlin’s point man for threats of nuclear apocalypse if Russia were thwarted in its quest to destroy the “Nazi” regime in Kyiv. Indeed, he made such a threat again ten days after the rebellion. At that point, one could legitimately ask whether “bandits” were currently in charge of Russia’s nuclear arsenal—or whether Medvedev’s panicked outcry during the aborted coup shows that he knows the current Russian leadership won’t risk an apocalypse.

Edward Wong and Julian Barnes of The New York Times report that North Korean leader Kim Jong-un will travel next month to meet with Russian President Vladimir Putin.

Mr. Putin wants Mr. Kim to agree to send Russia artillery shells and antitank missiles, and Mr. Kim would like Russia to provide North Korea with advanced technology for satellites and nuclear-powered submarines, the officials said. Mr. Kim is also seeking food aid for his impoverished nation.

Both leaders would be on the campus of Far Eastern Federal University in Vladivostok to attend the Eastern Economic Forum, which is scheduled to run Sept. 10 to 13, according to the officials. Mr. Kim also plans to visit Pier 33, where naval ships from Russia’s Pacific fleet dock, they said. North Korea celebrates the anniversary of its founding on Sept. 9.

On Wednesday, the White House warned that Mr. Putin and Mr. Kim had exchanged letters discussing a possible arms deal, citing declassified intelligence. A White House spokesman, John F. Kirby, said high-level talks on military cooperation between the two nations were “actively advancing.” U.S. officials declined to give more details on the state of personal ties between the leaders, who are considered adversaries of the United States.

Finally today, Annabelle Dickson and Eleni Correa of POLITICO Europe report that Britain’s Labour Party leader Keir Starmer has moved the Labour Party back to the center in anticipation of next year’s general election.

The Labour Party chief sent the soft-left wing of his party into full retreat on Monday with a dramatic shadow Cabinet reshuffle that rewarded a string of MPs on his party’s right flank.

It marked the final stage of a three-year project which has seen Starmer take ruthless grip of his predecessor Jeremy Corbyn’s left-wing party and drag it steadily back to the center ground, echoing the 1990s modernization led by Tony Blair and pal Peter Mandelson. [...]

With Labour commanding an 18-point poll lead over the ruling Conservatives ahead of next year’s general election, Starmer’s picks for his top team are a clear indication of who will hold high office if he wins power.

Have the best possible day everyone and thank you all for your support! See you tomorrow!

Abbreviated Pundit Roundup: Humiliation but no remorse

Ruth Ben-Ghiat/Resolute Square:

Why Mark Meadows' Mug Shot Haunts Me

The former GOP Congressman entered Trump's inner circle already mildly corrupt, refused his leader nothing, and exited as an accomplice to the greatest political crimes of modern American history.
Meadows’ mug shot, which displays a mix of anger and exhaustion, is an artifact from a particular tradition: political elites who enabled authoritarians and then found themselves on the wrong side of history. He glares at the camera, likely not quite believing that this is actually happening to him. Although there is a shade of humiliation, there is no visible remorse. Like so many others in the GOP, Meadows would likely do it all again if he knew it would succeed.
"It's never just the one individual, the bad actor," says consultant Dr. Alexander Stein, an expert on why people are led to engage in fraud and other criminal activities. "It's always the enablers and collaborators and all the other people who become enthralled by horrific behavior."

Astonishing. Nearly tearful J6 Proud Boy tells judge he's given up politics, and then after judge leaves, this: https://t.co/1bhbc3HXsh

— Jill Lawrence (@JillDLawrence) September 1, 2023

Here follows a theme of feuding state GOP party factions, some of which will hurt them in the next election cycle (but not all of which will).

Greg Bluestein/The Atlanta Journal-Constitution:

Georgia Republicans locked in battle over party’s future

AJC poll reveals how two blocs of GOP voters will shape 2024 primary and general election
Trump dominated the poll of likely primary voters with 57% of the vote — more than 40 percentage points ahead of his closest challenger, Florida Gov. Ron DeSantis, whose flagging campaign has endured multiple overhauls in the past month.

But there are still deep misgivings about Trump among many of the other 43% of Republican voters who signaled they’re not in his camp. And if recent Georgia history is a guide, a small number of middle-of-the-road independent voters can decide an election in this swing state.

[...]

Republicans also need no reminder of what happened in last year’s midterm. That’s when Kemp and other mainstream GOP candidates defeated Democratic challengers by appealing to moderate and independent voters. Walker, meanwhile, aligned himself closely with Trump and his brand of politics — and wound up the only statewide Republican to lose.

The GAGOP apparatus has embraced election deniers in key positions, attacked Gov. Kemp, Secretary of State Brad Raffensperger and others for not pushing false claims of election fraud and has often focused more on re-litigating 2020 than preparing for 2024https://t.co/omRtIe1J14

— stephen fowler (@stphnfwlr) September 1, 2023

Dan Merica/The Messenger:

Michigan House Republicans Urge Members to Call Paid Family Leave Plan ‘Summer Break for Adults’ (Exclusive)’ 

The comment compares caring for a new child or ailing family member to a summer vacation, while Republicans say it is about fraud in the proposed program

Operatives for Republicans in the Michigan House of Representatives are urging their members to call a paid family leave proposal by Democratic Gov. Gretchen Whitmer “summer break for adults,” according to a talking-points memo obtained by The Messenger.

Whitmer called for the state to pass a paid family leave plan during what was dubbed her “What’s Next” speech on Wednesday that outlined Democratic priorities for the end of 2023. Paid leave “helps workers be there for their families,” she said, giving them “breathing room to get better when you're sick, to bond with your baby or care for a family member.”

For the first time in decades, Democrats in the state won narrow majorities in the state House and Senate last November. That has given them broad leeway to pass a slew of policy proposals with the Democrat as governor.

The Michigan GOP may not be aware, but paid family leave is popular. OTOH, the Michigan GOP is in bad shape.

Michael Barajas/Bolts magazine:

The “Chief Lawbreaking Officer” of Texas Finally Faces Trial

Ken Paxton evaded scandal—criminal indictments, a staff revolt, a whistleblower lawsuit—for years. But his impeachment trial starts in the Texas Senate on Tuesday.

Paxton’s impeachment—the second ever of a statewide official in Texas—resulted in his suspension without pay and set up a trial in the Texas Senate, which is tasked with deciding whether to convict and permanently remove the attorney general.

The trial is scheduled to start on Sept. 5, in a chamber also controlled by the GOP, and at least some Republican senators would have to vote to convict him.

The impeachment has deepened a rift among Republicans who dominate Texas politics and often fight over how far to the right they should push the state, turning his trial into the latest battlefield for the factions jostling to control the party.

NBC News:

Nevada’s primary debacle has some GOP campaigns threatening to write off the state

A pro-Ron DeSantis super PAC has already ended door-knocking there. Now, another campaign says it may write off the state, accusing Trump of trying to "rig" the primary.

Republican Party leaders in Nevada say they’re certain of one thing next year: They will hold a caucus on Feb. 8 to determine the state’s presidential primary winner.

The problem? Nevada officials have already scheduled a primary at the ballot box — two days earlier — to determine the state presidential primary winner.

The party plans to ban presidential candidates from taking part in its caucus if they appear on the state ballot, and will award delegates only to caucus participants.

But the possibility of a party-run caucus superseding the state primary is prompting clashes between the 2024 campaigns and party leaders.

Never Back Down (the Ron DeSantis PAC) trails Never Pays Bills (the Trump entity) by a lot.

Who was the Fla journalist who first said, to effect, "DeSantis campaign for president will go fine so long as he doesn't have to interact with the public, respond to unscripted questions, face criticism, or encounter any person or event he finds unpleasant"?

— David Frum (@davidfrum) September 1, 2023

Quinta Jurecic/Lawfare:

The Legal Profession Reckons With Jan. 6

Among the co-conspirators identified by Jack Smith and Fani Willis are a great number of lawyers—many of whom are also facing potential professional sanctions.

At one point during the Watergate scandal, White House Counsel John Dean put together a list of people whom he thought might face criminal prosecution as a result of the unfolding investigations. Looking over the document, he noticed that a number of the names shared something in common: Many of them were attorneys. Later, testifying before the Senate Watergate Committee, Dean recalled his astonishment at the realization: “How in God’s name could so many lawyers get involved in something like this?”

The same question might be asked of the indictment brought by Special Counsel Jack Smith charging Donald Trump over his role in working to overturn the 2020 election—and, following on its heels, the indictment in Fulton County, Georgia. Of the six unnamed co-conspirators described in the special counsel’s indictment, all five who have been definitively identified are lawyers—and the sixth may be as well. What’s more, of the whopping 19 defendants charged by Fulton County District Attorney Fani Willis, eight are attorneys—and at least two of the unindicted co-conspirators listed in the Fulton County indictment may be lawyers as well. (There’s significant overlap between the co-conspirators identified by Smith and the defendants charged by Willis.) As with Dean’s Watergate-era list, this does not make for a particularly flattering portrait of the legal profession.

DeSantis is running for President and knows that a photo of him shaking Biden's hand would hurt him. https://t.co/ANLZDfFXtF

— Drew Savicki (@DrewSav) September 2, 2023

The Washington Post:

Employers added 187,000 jobs in August, showing resilience but slower growth

The unemployment rate rose to 3.8 percent, because of workers joining the labor market and some job losses

The report also showed that wages were up 4.3 percent, a sharper annual increase than higher-than-desired inflation, which stood at 3.3 percent as of July, according to the Personal Consumption Expenditures price index released Thursday.

The August report caps 32 months of consecutive job gains, scoring a political victory for President Biden, who has endeavored to cement a pro-worker record as he gears up for his reelection campaign after getting pummeled for surging inflation last year.

Overall a just great report for the monetary doves and soft landing crowd. Payroll growth is moderate, unemployment rate rising but because of positive supply-side shift (expanded labor force), wage growth comes in soft.

— Neil Irwin (@Neil_Irwin) September 1, 2023

HuffPost:

Biden Appointees Just Made It Easier For Workers To Form Unions

A new landmark case from the National Labor Relations Board creates real consequences for illegal union-busting.

When workers want a union, they typically gather signed cards and file for a secret-ballot election. But under the Cemex standard, when workers demonstrate they have majority support for a union, the onus is on the company to either recognize the union or promptly ask the NLRB to conduct an election to determine if a majority want union representation.

Then, if the company breaks the law in such a way that it warrants throwing the election results out, the board can order the company to recognize the union and start bargaining. There would be no “rerun” election, as there has been until now.

42% of Americans say they believe Republicans are anti-union compared to just 14% who believe they are pro-union, while 49% think Democrats are pro-union and just 10% believe they are anti-union. pic.twitter.com/UorjWnNQeg

— Navigator Research (@NavigatorSurvey) September 1, 2023

Matt Robison and Paul Hodes with Philip Bump (Washington Post columnist):

“In a head-to-head test that excluded other candidates, Trump and Biden were tied, with 46% each.”

— Bill Grueskin (@BGrueskin) September 2, 2023

Abbreviated Pundit Roundup: Lies, statistics, and official records

We begin today with Vinson Cunningham of The New Yorker reading of Number 45’s mugshot.

Just look at the impenitent subject: the deep furrow between his eyebrows and the one that contours his cheek seem to want to connect and form a kind of scar in shadow. One thing that the picture makes plain—not for the first time, but in a definitive way that won’t soon be forgotten—is how many of Trump’s cues are cribbed directly and consciously from the cinematic literature of romanticized criminals. Trump’s the kind of guy who thinks Scorsese movies are straightforward celebrations of tough guys on the come-up; here’s how you make it in America if you’ve got enough guff and a high tolerance for trouble. He seems to have styled himself, for a long time now, after the “goodfellas,” let some of their leering rhythms slip into his facial bearing and his speech. (His actual ties to the Mob, which he has denied, in its palsying days in eighties and nineties New York and New Jersey have been a rich field of speculation, but that’s a topic for another day.) This mug shot’s been a long time coming—it is, perhaps, the point toward which the entire asymptote of Trump’s life has bowed. He might be angry in the mug shot; he may well be scared. But he damn sure doesn’t look surprised. Nobody is.

Far from surprise: can there be any doubt that, hours before his surrender, before the camera ever flashed, Trump stood in front of some gold-framed mirror and practiced this lipless pout? He knows better than anybody that his supporters—who still make up the formidable majority of the Republican primary electorate—will take this picture and make it a banner. He’s a gossipy seventy-seven-year-old man who allegedly makes weird, lusty comments about his daughter, dances like a windup toy whenever he hears the song “Macho Man,” and still, in the autumn of his life, needlessly lies about his weight whenever he gets a chance. (In Georgia, when he gave himself up, Trump—whose form was reportedly filled out in advance by aides—was listed as six-three and two hundred and fifteen pounds; if this were true, he’d be the same weight and an inch taller than Lamar Jackson, the über-athletic Baltimore Ravens quarterback, who looks like a contemporary update of Michelangelo’s David.) Still, displaying a pathology that feels libidinal in deep origin, his supporters, throughout the past eight years, have tended to insist on a vision of Trump as a somewhat hunky fighting figure, ready to re-tame the American frontier and take the country back from his enemies on behalf of the “forgotten man.” Trump has incorporated this veneration into his idea of himself, reminding audiences everywhere that he is fighting for them, has been striped by a whip meant for their backs, is on the front line, taking oncoming fire to secure their freedom.

Lamar Jackson: 6’2, 215 Donald Trump: 6’3, 215 pic.twitter.com/SyDestukLS

— communist andy 🇦🇴 (@bigredclearsog) August 25, 2023

Snopes listed the claim as true! Both claims are now listed as official records now.

Jeffrey Bellin and Adam Gershowitz of Slate write that all of Trump’s various federal and state prosecutors need to avoid any and all violations of the Supreme Court’s Brady rule.

So how do the Trump prosecutors avoid committing a Brady violation? Well, the first step is to know the types of circumstances in which they happen.

Prosecutors commit Brady violations in three common situations: First, some prosecutors intentionally hide evidence. Second, prosecutors commit Brady violations because they don’t understand the law and inadvertently fail to disclose required evidence. Third, prosecutors fail to turn over evidence held by other members of the “prosecution team,” such as police officers who work outside the prosecutor’s office.

The first two scenarios seem unlikely in the Trump cases. The whole world is watching, so it would be absurd for special counsel Jack Smith and the other prosecutors to intentionally hide evidence. And it seems doubtful that these prosecutors, knowing the stakes, would make a legal mistake about their discovery obligations, rather than simply erring on the side of disclosure.

The third scenario—turning over all evidence held by the prosecution team—is the trouble spot. The Brady doctrine provides that prosecutors must turn over evidence not just from their own files but also from the files of everyone on the prosecution team, even if the prosecutors have personally never laid eyes on the evidence.

Susan B. Glasser of The New Yorker lot some of the veterans of the Republican clown car that was on stage for last Wednesday night’s debate.

Watching these hopelessly outmatched candidates, I kept thinking back to one of the great lines from last summer’s January 6th hearings in the House of Representatives. Trump’s former campaign manager, Bill Stepien, described how, after the 2020 election, he and others had been part of “Team Normal,” those who tried and failed to convince Trump that he had really lost the election, only to find themselves pushed aside in favor of Team Crazy, whose members, led by Rudy Giuliani, aided and abetted Trump’s lies about the “rigged election.” The Republican debate stage in Milwaukee this week was filled with candidates who came from what passes for Team Normal in today’s G.O.P., figures such as Trump’s former Vice-President, Pence; Trump’s former U.N. Ambassador Haley; and Trump’s former friend and adviser Christie.

All three of them built their careers as governors in the pre-Trump Republican Party: Pence and Haley in the reliably red states of Indiana and South Carolina, respectively; Christie in Democratic New Jersey, a point he emphasized—to little avail—in his debate-stage pitch for Republicans to go for a candidate who knows how to win a competitive race in unfriendly territory. But, just like Stepien and the rest of Team Normal, they all eventually sold out to Trump. In this, they represent the very considerable part of the Republican Party that knew supporting Trump was a disaster back in 2016 and, yet, when it came time for the general election and divvying up the spoils of power that followed his unlikely victory, they did it anyway.

If this were a different time, a viewer of Wednesday’s debate might have concluded that it was not a bad night for Team Normal. Haley and Christie delivered several of the more memorable zingers while making impassioned cases for decidedly normal causes, such as supporting Ukraine, a free country aligned with the U.S., over Vladimir Putin’s murderous dictatorship, as Haley put it, or choosing to protect the Constitution over terminating it, as Christie put it. Both took especial glee in going after Ramaswamy, a Trump for the millennial set so automatic in his Trumpier-than-thou responses to any question that Christie lampooned him as a sort of ChatGPT version of a Republican candidate. It was a good dig but also perhaps unintentionally revealing: ChatGPT might very well come up with a Trumpist candidate who sounds a lot like this one.

Patrick Svitek of the Texas Tribune reports that pressure continues to mount on Texas senators ahead of the impeachment trial of now-suspended Texas Attorney General Ken Paxton.

Paxton’s allies are singling out a half dozen senators for lobbying. A mysterious entity is airing TV ads and sending out mailers targeting certain senators. And an influential establishment group, as well as former Gov. Rick Perry, are urging senators to oppose efforts to effectively stop the trial before it starts.

“Anyone that votes against Ken Paxton in this impeachment is risking their entire political career and we will make sure that is the case,” Jonathan Stickland, who runs the pro-Paxton Defend Texas Liberty PAC, said Thursday in a media appearance.

The high-stakes trial of Texas’ top legal official is scheduled to start Sept. 5. It comes after the House impeached Paxton in May, accusing him of a yearslong pattern of misconduct and lawbreaking centered on his relationship with Nate Paul, an Austin real-estate investor and Paxton campaign donor. Paxton, a Republican in his third term, was immediately suspended from office, and the trial will determine whether he will be permanently removed.

Philipp Sandner of Deutsche Welle looks into how the death of Wagner Group leader Yevgeny Prigozhin may impact several wars taking place in Africa.

For Ryan Cummings, Director at Signal Risk, Centre for Strategies and International Studies, it seems that Wagner's operations in Africa will "continue as they have been doing for the past few months or even years in certain contexts."

Cummings told DW that the future of the mercenary group in Africa remains intact. "If you look at the structure of the Wagner group in countries such as the Central African Republic, Mali, Sudan and Libya, there is no immediate indication that there has been a compromise in the relation between the country commanders and the Putin administration."

Even though Prizgozhin is no longer in the picture or commanding Wagner, Cummings stressed that they have continued their operations without significant disruption.

Cummings said he would be very surprised if Russia's President Vladimir Putin were to take control of the Wagner Group. "If anything, there could be some leadership changes at the top of the movement, if that has not already occurred — there might be an assimilation of Wagner:"

Finally today, Juan Arias of El País in English writes about the crisis within Brazil’s military leadership as a result of the failed coup attempt against Brazil’s incumbent president Luiz Inácio Lula da Silva by Brazil’s former president Jair Bolsonaro.

The parliamentary investigations into the failed coup, and the revelations by the Military Police on the plot hatched by Bolsonaro to prevent Lula’s victory, have made the Army high command nervous at the same time as placing the new administration in an uncomfortable position.

It should also be noted that the military leadership is caught between a decline in popular credibility and the need to punish those possibly responsible within the Army for the attempt to overturn the result of the 2022 elections.

This climate of mutual distrust between the government and the military led Lula, on the eve of his international trip for the BRICS meeting in Johannesburg, to convene an urgent meeting with the commanders of the three branches of the Armed Forces. As the columnist Miriam Leitao, who was tortured during the dictatorship, wrote in O Globo: “Only a country in crisis holds a meeting, on a Saturday, from 6 p.m. to 8 p.m., in the presidential palace between the military commanders and the president.”

Skilled in political and union negotiations, Lula took advantage of the meeting to talk about the budget increase for a military that finds itself at a precipice, as on this occasion, it is not only facing a sharp drop in public opinion, but also the displeasure of Bolsonaro’s followers, as revealed in the polls, for not having adhered to the threatened military coup.

Have the best possible day everyone!

Abbreviated Pundit Roundup: Debating the debate that didn’t matter

Someone said Vivek Ramaswamy is a one man GOP primary focus group, rehashing what they (say they) want. Every point.

It’s true and he will assuredly do better with them than with us. How well and for how long remains to be seen. After all, Donald Trump hates people competing for his spotlight, but Ramaswamy gets a pass for now (so long as he defends and sucks up to him).

Tom Nichols/Atlantic magazine:

The GOP’s Dispiriting Display

The Republican debate was a mess.

Beyond the scorekeeping, however, what the GOP debate showed is that the Republicans, as a party, don’t care very much about policy, that the GOP contenders remain in the grip of moral cowardice, and that Fox News is just as bad, if not worse, than it’s ever been.

As for independents, Ramaswamy didn’t do as well as the talking heads claimed. From Navigator Research:

Independent participants in the dial group saw Nikki Haley as the winner of the first Republican presidential primary debate, as most responded positively to her remarks on climate change, education, and foreign policy. After the debate, most participants felt Nikki Haley won the debate (45 percent), 21 points ahead of Ron DeSantis (24 percent), the second leading candidate. Haley’s favorability rose by 24 points after the debate (from 61 percent favorable to 85 percent favorable), 18 points higher than the next most favorably-viewed candidate, Tim Scott (67 percent favorable post-debate). Haley ranked first among participants in saying she was the candidate who “seems like they care the most about people like you” (42 percent), “would be a good role model to kids” (39 percent), and “would be most able to get things done” (27 percent). When asked which candidates “seem most likely to beat Joe Biden,” participants ratings were more diffuse, with 30 percent saying Ron DeSantis, 27 percent saying Nikki Haley, and a tie between Donald Trump and Chris Christie for third (12 percent each).

Ron DeSantis and Vivek Ramswamy were the leading candidates behind Trump entering the debate among Republican primary voters, but were not as well received initially by independent participants in this dial group. DeSantis entered the night with negative opinions among these participants (net -19; 36 percent favorable – 55 percent unfavorable) and Ramaswamy came in as an unknown quantity with only 36 percent having an opinion on him (21 percent favorable – 15 percent unfavorable). By the conclusion of the debate, both candidates had net negative favorability ratings among these participants (each net -10; 45 percent favorable – 55 percent unfavorable).

In any case, Trump remains the likely nominee.

DIAL GROUP FINDINGS: Ron DeSantis and Vivek Ramaswamy each were net negative in their favorability ratings after the debate, as both were seen as polarizing throughout, and a plurality of participants believed Nikki Haley won the debate. pic.twitter.com/2RIHWpqQ9y

— Navigator Research (@NavigatorSurvey) August 24, 2023

Yahoo News:

Poll: DeSantis’s support collapses ahead of 1st GOP debate

The survey of 1,665 U.S. adults, which was conducted from Aug. 17 to 21, shows that DeSantis’s support among potential GOP primary voters has fallen farther — and faster — over the last few weeks than ever before, plummeting from his previous low of 23% in mid-July to just 12% today.

He didn’t exactly help himself during the debate, either (see above).

Reminders: The universe of debate watchers is not the same as the universe of possible primary voters. Particularly when top polling candidate didn't debate! Aftereffects of debate (eg how it's covered) will matter beyond immediate response.

— Ariel Edwards-Levy (@aedwardslevy) August 24, 2023

Politico:

GOP’s ‘anti-woke’ campaigns have voters hitting snooze

Polls show little support for attacks on corporations’ handling of environmental and social causes — even among Republicans.

The data comes as candidates who have anchored their campaigns in attacking big business — including Florida Gov. Ron DeSantis and entrepreneur Vivek Ramaswamy — are struggling to gain significant traction against former President Donald Trump, who leads the field by a wide margin in the polls.

GOP pollsters say the recent data shows that many voters on the right, in line with the traditional conservative ideology, don’t want government meddling in business.

Judge Steve Jones sets hearing on Jeffrey Clark's bid to move his Fulton County criminal charges to federal court. He'll hear evidence and argument on the matter on September 18, 2023 at the federal courthouse in Atlanta. pic.twitter.com/HuOzAVAaSA

— Anna Bower (@AnnaBower) August 24, 2023

Judge McAfee sets scheduling order for Kenneth Chesebro's trial in Fulton County. Trial to commence October 23, 2023. "At this time, these deadlines do not apply to any co-defendant," McAfee writes. pic.twitter.com/NiccStiVz7

— Anna Bower (@AnnaBower) August 24, 2023

Aaron Blake/Washington Post:

Americans aren’t sold on a Biden impeachment inquiry

Most don’t connect Hunter Biden’s problems to the president in the way the GOP has

As for how Americans feel about all of this, we can say a few things:

  • They’ve taken a dim view both of Hunter Biden’s actions and of the fairness of the Justice Department’s investigation of him, believing he might be getting special treatment.
  • They don’t necessarily see much of a link to the president.
  • There appears to be significantly less support for this impeachment inquiry than there was for those involving Donald Trump.

Let’s take each individually.

Isaac Chotiner/New Yorker magazine, interviewing J Michael Luttig:

The Constitutional Case for Barring Trump from the Presidency

Does the Fourteenth Amendment empower state election officials to remove him from the ballot?

What would be an example of something else that would be self-executing in a constitutional amendment?

The most obvious example, Isaac, is the age requirement in order to become President of the United States. So suppose that someone who was thirty-two years old applied to be on the ballot in a given state, and it was undisputed that that person was thirty-two years old and not thirty-five years old. It would be the Constitution itself that would empower that state election official to disqualify that candidate from the ballot for the Presidency.

Removing someone from the ballot because of the age requirement seems like it would be easy for an official to do without making a judgment call. Someone’s age is an objective fact. Whereas this seems like it calls for state officials to make judgment calls, which could potentially open things up for abuse. Is there a categorical difference there?

There is a categorical difference. There is vastly more judgment entailed in determining whether, for instance, the former President engaged in an insurrection or rebellion than in determining whether a candidate was thirty-five years old. That doesn’t relieve the obligated election official from making that determination. The process for placing individuals on the ballot varies from state to state. But, under our reading of the Fourteenth Amendment, an individual election official could make that decision himself or herself.

I'm glad that my Administration’s infrastructure investments are so popular that even Speaker McCarthy is trying to take credit for them, despite voting against them. That’s alright. I’ll see him at the next groundbreaking. https://t.co/IDmJ4hbSDm

— President Biden (@POTUS) August 24, 2023

Franklin & Marshall Poll Release:

About one in three (30%) registered voters in Pennsylvania believes President Biden is doing an “excellent” or “good” job as president, which is a slight improvement from his April ratings (27%). It is normal for an incumbent’s job approval ratings to start to increase at this point in their first term. President Biden’s current rating is lower than President Trump’s and President Obama’s ratings in Pennsylvania at the same point in their terms. Despite this, he still holds an advantage in a head-to-head matchup against the former president, 42% to 40%, although many voters are looking for an alternative to both candidates.

16% want someone else, but we’ll see when it comes down to a binary choice. I suspect more than half will break blue and not red.

Note the improving views of the economy, slowly but steadily:

The August 2023 Franklin & Marshall College Poll finds that the state’s registered voters’ feelings about their personal finances are starting to improve, although many remain dissatisfied. About two in five (39%) respondents say they are “worse off” than a year ago, which is down from nearly half (46%) in April, and more say they are “better off” financially than they were last year (15% compared to 11%). Pennsylvania voters remain more pessimistic than optimistic about conditions in the state, but this sentiment has also improved--two in five (39%) registered voters believes the state is “headed in the right direction” which is higher than the one in three (32%) who felt that way in April. Concern about the economy (23%), including unemployment and higher gas and utility prices, continues as the most important and often mentioned problem facing the state.

I have been waiting for this one! Every coup has a central figure who connects all the conspirators and also has privileged access to the leader (or leaders, as in the case of some military coups). In the 2021 US coup attempt that person was Meadows. https://t.co/X8v3al6bGr

— Ruth Ben-Ghiat (@ruthbenghiat) August 24, 2023

From Cliff Schecter:

Abbreviated Pundit Roundup: What can be done to make Trump ineligible for the presidency?

J Michael Luttig and Laurence H. Tribe/Atlantic magazine:

The Constitution Prohibits Trump From Ever Being President Again

The only question is whether American citizens today can uphold that commitment.

As students of the United States Constitution for many decades—one of us as a U.S. Court of Appeals judge, the other as a professor of constitutional law, and both as constitutional advocates, scholars, and practitioners—we long ago came to the conclusion that the Fourteenth Amendment, the amendment ratified in 1868 that represents our nation’s second founding and a new birth of freedom, contains within it a protection against the dissolution of the republic by a treasonous president.

This protection, embodied in the amendment’s often-overlooked Section 3, automatically excludes from future office and position of power in the United States government—and also from any equivalent office and position of power in the sovereign states and their subdivisions—any person who has taken an oath to support and defend our Constitution and thereafter rebels against that sacred charter, either through overt insurrection or by giving aid or comfort to the Constitution’s enemies.

It is rare that the right thing, the best thing & the best thing for the GOP are all the same thing. But two such possibilities await. One is Trump being disqualified for the presidency quickly by the courts. The second is Biden & the Dems win big ending MAGA once & for all.

— David Rothkopf (@djrothkopf) August 20, 2023

David French/New York Times:

Appeasing Donald Trump Won’t Work

While I believe the court should intervene even if the hour is late, it’s worth remembering that it would face this decision only because of the comprehensive failure of congressional Republicans. Let me be specific. There was never any way to remove Trump from American politics through the Democratic Party alone. Ending Trump’s political career required Republican cooperation, and Republicans have shirked their constitutional duties, sometimes through sheer cowardice. They have punted their responsibilities to other branches of government or simply shrunk back in fear of the consequences.

In hindsight, for example, Republican inaction after Jan. 6 boggles the mind. Rather than remove Trump from American politics by convicting him in the Senate after his second impeachment, Republicans punted their responsibilities to the American legal system. As Mitch McConnell said when he voted to acquit Trump, “We have a criminal justice system in this country.” Yet not even a successful prosecution and felony conviction — on any of the charges against him, in any of the multiple venues — can disqualify Trump from serving as president. Because of G.O.P. cowardice, our nation is genuinely facing the possibility of a president’s taking the oath of office while also appealing one or more substantial prison sentences.

Wow. Never seen it all put together like this. Definitely worth a watch. pic.twitter.com/yMJxdmbqin

— @mrrjnkns.bsky.social (@MrRJNKNS) August 20, 2023

Ross Douthat/New York Times:

Subjecting Trump to prosecution will subject the law to politics

This isn’t a judgment on the legal merits of any of the Trump indictments. It doesn’t matter how scrupulous the prosecutor, how fair-minded the judge; to try a man, four times over, whom a sizable minority of Americans believe should be the next president, is an inherently political act. And it is an especially political act when the crimes themselves are intimately connected to the political process, as they are in the two most recent indictments...

You can see all that and still support Trump’s prosecutions as a calculated but necessary risk — in the hopes that having him lose twice, in the courts and at the ballot box, will re-establish a political taboo against his kind of postelection behavior and on the theory that this outcome is worth the risk that the whole strategy will fail completely if he wins.

If you see things that way, good; you see clearly, you are acting reasonably. My concern is that not enough people do clearly see what’s risked in these kinds of proceedings, that many of Trump’s opponents still regard some form of legal action as a trump card — that with the right mix of statutory interpretation and moral righteousness, you can simply bend political reality to your will...

Then here is the point that I, a non-scholar, want to make (though I should note that Segall makes it as well): Even if Baude and Paulsen were deemed correct on some pure empyrean level of constitutional debate, and Salmon Chase or anyone else deemed completely wrong, their correctness would be unavailing in reality, and their prescription as a political matter would be so disastrous and toxic and self-defeating that no responsible jurist or official should consider it.

.@tribelaw and @judgeluttig team up for a tour de force on disqualification clause in 14th Am sec 3. This is certain to generate substantial attention. The riddle of the provision is how it’s executed but there has to be some definitive way. https://t.co/AYqLK4xgux

— Harry Litman (@harrylitman) August 19, 2023

Paul Krugman/New York Times:

Biden and America’s Big Green Push

For the new industrial policy has already generated a huge wave of private investment in manufacturing, even though very little federal money has gone out the door so far. Why?

A new blog post from Heather Boushey of the Council of Economic Advisers argues that Biden’s industrial policy helps solve what she calls the “chicken and egg problem,” in which private-sector actors are reluctant to invest unless they’re sure that others will make necessary complementary investments.

The easiest example is electric vehicles: Consumers won’t buy E.V.s unless they believe that there will be enough charging stations, and companies won’t install enough charging stations unless they believe that there will be enough E.V.s. But similar coordination issues arise in many other areas, for example in the complementarity between battery and vehicle manufacture.

Even before seeing Boushey’s post, I’d been thinking along similar lines. In particular, the ongoing investment surge reminded me of a once-popular concept in development economics, that of the Big Push. This was the argument that you needed an active government role in development because companies wouldn’t invest in developing countries unless assured that enough other companies would also invest.

While Kev highlighted this Krugman piece yesterday, this is a different selection (and a follow-up).

It’s almost like Trump is bragging that he has won the endorsement of the worlds most notorious war criminal. Actually, it’s exactly like that. It is that. https://t.co/vtDOggz6gZ

— David Rothkopf (@djrothkopf) August 19, 2023

Yarimar Bonilla/New York Times:

Enrique Tarrio and the Curious Case of the Latino White Supremacist

Yet however much Mr. Tarrio may identify with whiteness, it seems that in his time of need he turned to the Afro-Cuban gods. On the site formerly known as Twitter, Denise Oliver-Velez, a professor and former Young Lord and Black Panther, chastised his use of religious beads, commonly used among practitioners of Santería, as a “falta de respeto,” or disrespect. “Looks like the Orishas want him to go to prison,” she writes. If the Justice Department gets its way he will certainly have ample time to contemplate the paradoxes of his choices.

You might have seen this piece, but IMHO Denise cannot possibly get enough credit for her insight and, well, her life and work.

Blockbuster state unemployment rates out this morning. 💥 26 States at or below 3% in July, a new record number — for the 3rd straight month. New record lows in New Hampshire, Ohio, Pennsylvania and 8 other states. 2% or below (!) MD, NE, NH, ND, SD, VT https://t.co/TMdHoqNAM4

— Jesse Lee (@JesseLee46) August 18, 2023

Washington Post:

Trump to release taped interview with Tucker Carlson, skipping GOP debate

Former president Donald Trump intends to skip the first Republican presidential primary debate in Milwaukee on Wednesday and instead plans to post a prerecorded interview with former Fox News host Tucker Carlson that will be released that night, according to a person briefed on the matter.

Trump advisers said the interview had already been recorded. It is not yet clear where the interview will appear. Carlson has started a show on X, formerly called Twitter, but Trump sees the platform as a rival to Truth Social, which he helped create.

The coward won’t even do a live interview.

GOP voters aren't just delusional about Trump They believe the pablum fed them about Biden https://t.co/XbmcSImco9

— Greg Dworkin (@DemFromCT) August 20, 2023

Matt Robison video from Blue Amp:

As Republicans head to Milwaukee to fight each other, we announce a historic, $25m ad campaign Including largest, earliest ever investments into Hispanic and AfAm media https://t.co/6EtAHXK44J

— Kevin Munoz (@munozka315) August 20, 2023

Josh Barro/”Very Serious” on Substack:

Memo to Ron DeSantis: Be Smarter The most embarrassing aspect of his super PAC's debate prep memo isn't the content. It's that he hobbled himself with a moronic campaign structure.

The memo’s content is embarrassing. It feeds narratives about DeSantis being aloof and unlikable (an anecdote about his family should involve “showing emotion,” the memo urges) and about him being too afraid to directly attack the candidate who’s beating him: Trump. Christie, whose career highlight involved dismantling an opponent for being canned and consultant-driven in a debate, is sure to beat DeSantis over the head with it.

But the strangest thing about these memos is that we’re able to see them at all.

Here’s your hot polling from the weekend:

🚨IOWA POLL Trump: 42% DeSantis: 19% Scott: 9% Haley: 6% Pence: 6% Christie: 5% Ramaswamy: 4% Burgum: 2% Hurd: 1% Elder, Hutchinson, Johnson, Suarez: >1% MOE +/- 4.9%https://t.co/cSsBNGKZpK

— Brianne Pfannenstiel (@brianneDMR) August 21, 2023

Pollster J. Ann Selzer says the race could be “closer than it may first seem.” 63% say they support Trump as their first or second choice in the caucuses or are actively considering him. That's on par with the 61% who say the same for DeSantis.https://t.co/cSsBNGKZpK pic.twitter.com/lftAocWvKi

— Brianne Pfannenstiel (@brianneDMR) August 21, 2023

We were in the field for this poll when the Georgia indictment came down against Trump. He got a bump. “This is the strongest evidence I’ve seen to date that these indictments, or at least this Georgia indictment, helped him," said pollster J. Ann Selzerhttps://t.co/4htpB9Wrdf

— Brianne Pfannenstiel (@brianneDMR) August 21, 2023

And:

Why haven’t the indictments hurt? In part it’s b/c Trump voters generally believe it's Trump who tells them the truth. More than conservative media and their own friends & family. Trump leads among those say it's very important a nominee is honest & trustworthy. pic.twitter.com/WwR8GWci8l

— CBS News Poll (@CBSNewsPoll) August 20, 2023

But:

Only 28% of respondents in the Iowa Selzer poll (42% * 66%) say their minds are made up about supporting Trump: pic.twitter.com/uhyyoUrqMy

— Conor Sen (@conorsen) August 21, 2023

I expect Trump to win Iowa (and the nomination) but I expect his lead to shrink.

By the way, a lot of this is Fox-fed Republicans convincing themselves that Biden is a doddering old man whom even Trump/anyone can beat.

They’re in for a rude awakening.

Very simple: Trump can’t win. 65% already against him. That’s before Dems launch barrage after getting him nominated. If we finally grasp that, his support will collapse. If not, we lose everything, and Dems use majorities to remake Supreme Court. Nominate him if you want, but…

— Andy McCarthy (@AndrewCMcCarthy) August 21, 2023

Of course he can win. But a dose of reality is bracing.

Abbreviated Pundit Roundup: Indictment watch — get your RICO on

WSB-TV:

What is Georgia’s RICO Act?

Fulton County District Attorney Fani Willis has a track record of using RICO charges in unconventional ways to achieve convictions.

RICO stands for Racketeer Influenced and Corrupt Organizations. The RICO Act was passed in the Georgia General Assembly in 1980 and is used to prove that a business was being used for illegal means.

We expect RICO indictments in Georgia this week, perhaps as soon as Tuesday. But as I understand the right wing narrative, this is all because Donald Trump tried to overthrow the government to distract from Hunter Biden. Or something like that.

Axios:

Why Georgia's case against Trump could be so damaging

3. While the federal judiciary — and New York courts — are averse to televising criminal proceedings, Georgia courts are more transparent, Kreis notes.

  • Georgia may end up being the only case that is broadcast to the world, potentially giving the public a better chance to digest the evidence — which could be politically damning for Trump.

Between the lines: Willis is considered a RICO expert who successfully prosecuted a large criminal case over a test cheating scandal in the Atlanta Public School System in 2015.

Yesterday, I explained why Georgia RICO is a powerful tool for the Fulton County DA’s office, which will allow prosecutors to bring in dozens of co-defendants through events like what’s being reported by CNN today re: Coffee County voting machine breach text messages. https://t.co/Q0H1E5TtwF

— Anthony Michael Kreis (@AnthonyMKreis) August 13, 2023

CNN:

Georgia prosecutors have messages showing Trump’s team is behind voting system breach

Atlanta-area prosecutors investigating efforts to overturn the 2020 election results in Georgia are in possession of text messages and emails directly connecting members of Donald Trump’s legal team to the early January 2021 voting system breach in Coffee County, sources tell CNN.

Fulton County District Attorney Fani Willis is expected to seek charges against more than a dozen individuals when her team presents its case before a grand jury next week. Several individuals involved in the voting systems breach in Coffee County are among those who may face charges in the sprawling criminal probe.

Investigators in the Georgia criminal probe have long suspected the breach was not an organic effort sprung from sympathetic Trump supporters in rural and heavily Republican Coffee County – a county Trump won by nearly 70% of the vote. They have gathered evidence indicating it was a top-down push by Trump’s team to access sensitive voting software, according to people familiar with the situation.

Trump allies attempted to access voting systems after the 2020 election as part of the broader push to produce evidence that could back up the former president’s baseless claims of widespread fraud.

This is also a separate election law crime and an essential element of a conspiracy to commit election law crime. There are going to be a lot of charges running down that right-hand side of the indictment. https://t.co/gCjp1LwmLV

— Anthony Michael Kreis (@AnthonyMKreis) August 11, 2023

Tamar Hallerman/X via Threadreader:

Next week is going to be busy here in Atlanta: we're expecting Fulton DA Fani Willis to pursue indictments against Trump + others. I’ve been covering her elections interference case since the beginning, along with my @ajccolleagues. Here's a look at what to expect 🧵 
For starters, my colleague @ajccourts put together this cheat sheet on where we've been and what's on the horizon …
 We're expecting prosecutors to begin presenting their case to grand jurors on Monday morning. Past racketeering cases have taken about 2 days to present. Which gels with two witnesses in this case saying they were told to come in Tues
The above thread has a very nice summary of the legal situation in Georgia.

Meanwhile, it’s not just Donald Trump.  Republicans all over the country are upset about losing power, so they rig the system and then accuse Democrats of doing the same.

Milwaukee Journal Sentinel:

Vos says lawmakers may consider impeachment if Protasiewicz doesn't recuse from redistricting cases

If Wisconsin Supreme Court Justice Janet Protasiewicz does not recuse from lawsuits challenging the state's legislative boundaries, Republicans who control the state Legislature might consider impeachment proceedings, the Assembly's top Republican said Friday.

Assembly Speaker Robin Vos, a Republican from Rochester, said in an interview on WSAU he does not believe impeachment should be considered lightly by lawmakers. But he said the idea could move forward if Protasiewicz does not recuse herself on cases he said she "prejudged" during her campaign for a seat on the state's highest court.

D legislator: “That type of reaction shows how threatened the Republican majority is by a challenge to their rigged maps. It's really good evidence that the state is gerrymandered, that they'd be willing to go to such an unprecedented maneuver." https://t.co/LN6rfGRDBj

— Ronald Brownstein (@RonBrownstein) August 13, 2023

Noah Berlatsky/”Public Notice” on Substack:

Ohio's rejection of Issue 1 shows how toxic abortion has become for the GOP Turns out even folks in red and purple states don't like to have their rights taken away.

Republicans don’t want to let voters protect their own abortion rights. So, to prevent the abortion rights initiative from passing, they rushed for a vote on their own referendum, called Issue 1. Issue 1, had it been approved, would have raised the threshold for ballot initiatives to 60 percent. It also required petitioners to get ballot signatures from every Ohio county, effectively increasing the power of rural low-population areas dominated by more conservative voters.

The GOP was aware that asking voters to undermine their own influence was a hard sell. So they tried to rig the odds.

Ohio Capital Journal:

Frank LaRose’s very bad day. Sec. of State dodged press, issued angry statement as Issue 1 failed

It’s unclear whether, going into Tuesday, Frank LaRose anticipated that the measure he was championing was going to fail — even though related issues have gotten trounced in state after state after state.

But by Election Day, early voting had been torrid for weeks — especially in big cities where people were likely to vote against Issue 1, the initiative LaRose was supporting. Prospects seemed to be dimming for the measure — which would have made it much more difficult for voters to initiate and pass amendments to the state Constitution.

By Tuesday morning, LaRose, who was the most visible face of Issue 1, might have been worried. Before noon, he ducked a meeting with reporters. That afternoon, he was attacked by an Arizona Republican who came to Ohio to campaign for Issue 1. That evening, after the blowout became apparent, he skipped a press conference and the official speaking in his place pointed blame at his fellow Republicans.

At 11:23 p.m., LaRose broke his silence by issuing a statement. It was angry, misleading, and hardly a concession that voters disliked his proposal, which they defeated by a 14-point margin. Making the loss even more bitter, some counties that had voted for Donald Trump in 2020 joined the chorus in voting “no” on Issue 1.

🔥 dissection of LaRose’s catastrophic performance: “There’s a tendency by political professionals to think that voters can be inherently and consistently manipulated.” He remains the most dishonest politician I’ve ever witnessed up close. https://t.co/Q5LoOJdSgn

— David Pepper (@DavidPepper) August 13, 2023

Marisa Kabas/”The Handbasket” on Substack:

A conversation with the newspaper owner raided by cops Eric Meyer says his paper had been investigating the police chief prior to the raids on his office and home.

Very few stories these days take my breath away, but this one did the trick: Cops in Kansas raided the office of local newspaper the Marion County Record Friday morning because of a complaint by a local restaurant owner named Kari Newell. She was unhappy with the outlet’s reporting on how she kicked out reporters from a recent event at her establishment with US Congressman Jake LaTurner (R-KS) and subsequent research they were conducting. The cops responded in kind, seizing cell phones, computers, and other devices necessary for publishing the paper after receving a signed search warrant from a judge.

What has remained unreported until now is that, prior to the raids, the newspaper had been actively investigating Gideon Cody, Chief of Police for the city of Marion. They’d received multiple tips alleging he’d retired from his previous job to avoid demotion and punishment over alleged sexual misconduct charges.

Awful. The Marion Record now reports that its co-owner, 98 year old Joan Meyer, who lived with her son, the paper’s publisher, was upset about the police search and has died. https://t.co/XieDVxUHW0 pic.twitter.com/curkZqFGcb

— Sal Rizzo (@rizzoTK) August 12, 2023

The New Republic:

The Claremont Institute: The Anti-Democracy Think Tank

It was once (mostly) traditionally conservative and (sort of) intellectually rigorous. Now it platforms white nationalists and promotes authoritarianism.

Most of us are familiar with the theocrats of the religious right and the anti-government extremists, groups that overlap a bit but remain distinct. The Claremont Institute folks aren’t quite either of those things, and yet they’re both and more. In embodying a kind of nihilistic yearning to destroy modernity, they have become an indispensable part of right-wing America’s evolution toward authoritarianism.

Extremism of the right-wing variety has always figured on the sidelines of American culture, and it has enjoyed a renaissance with the rise of social media. But Claremont represents something new in modern American politics: a group of people, not internet conspiracy freaks but credentialed and influential leaders, who are openly contemptuous of democracy. And they stand a reasonable chance of being seated at the highest levels of government—at the right hand of a President Trump or a President DeSantis, for example.

Hmmm. I wonder what Biden’s other son was doing? https://t.co/puSAvAKxEv

— Chris Hayes (@chrislhayes) August 12, 2023

Mike Pence was good on January 6th, but it’s the only day he was. The rest of the time he reverts to form.

David Rothkopf/Daily Beast:

It’s Time to Give Kamala Harris Her Due

The press has taken too long to notice, but the barrier-breaking vice president has been an accomplished leader and advocate in the Biden administration.

It appears that it is, at long last, time to acknowledge the extraordinary and vital role being played by Vice President Kamala Harris on behalf of the Biden administration and the United States.

Finally, the narratives in the press that had for too long been colored by the political agenda, misogyny and racism of critics, have begun to change to reflect reality.

That said, there is still an aspect to Harris’ performance as vice president that remains underappreciated—the substance of her record as a full partner to the president, at the lead on domestic and international issues. That record not only makes her one of the most effective vice presidents in modern U.S. history, it has been part of President Joe Biden’s active effort to ensure that no one is better qualified to succeed him as President of the United States.

It cannot be mentioned enough: the sharp contrast between Biden, silently absorbing the news that Garland is elevating Weiss to special counsel looking into his son, and Trump who at every turn fired officials who showed anything less than lickspittle loyalty.

— Colin McEnroe (@colinmcenroe) August 12, 2023

Jamelle Bouie/New York Times:

Why an Unremarkable Racist Enjoyed the Backing of Billionaires

A whole coterie of Silicon Valley billionaires and millionaires have lent their time and attention to [Richard] Hanania, as well as elevated his work. Marc Andreessen, a powerful venture capitalist, appeared on his podcast. David Sacks, a close associate of Elon Musk, wrote a glowing endorsement of Hanania’s forthcoming book. So did Peter Thiel, the billionaire supporter of right-wing causes and organizations. “D.E.I. will never d-i-e from words alone,” wrote Thiel. “Hanania shows we need the sticks and stones of government violence to exorcise the diversity demon.” Vivek Ramaswamy, the Republican presidential candidate, also praised the book as a “devastating kill shot to the intellectual foundations of identity politics in America.”

The question to ask here — the question that matters — is why an otherwise obscure racist has the ear and support of some of the most powerful people in Silicon Valley? What purpose, to a billionaire venture capitalist, do Hanania’s ideas serve?

Look back to our history and the answer is straightforward. Just as in the 1920s (and before), the idea of race hierarchy works to naturalize the broad spectrum of inequalities, and capitalist inequality in particular.

Abbreviated Pundit Roundup: Aftermath of indictment

Will Bunch/Philadelphia Inquirer:

It’s justice that Trump, who wanted to toss Black votes, gets charged under a KKK Act

Donald Trump's rise and his Jan. 6 insurrection are deeply rooted in racism. How fitting he's charged under a law to stop the KKK.

They wanted to overturn the results of a free and fair election.

In the days immediately after the vote, there was a wave of violence. Some people were dragged from their homes by members of a white-hooded mob and killed for supporting the wrong party — but that was only the beginning. A Republican governor wrote to the White House to warn that insurrectionists were plotting to storm the seat of government and prevent certification of the winner.

Gov. Robert K. Scott told the president that loyalists to the party that got fewer voters “will not submit to any election which does not place them in power.” He further warned: “I am convinced that an outbreak will occur here [on] the day appointed by law for the counting of ballots.”

The year was 1870, and the state was South Carolina.

This arraignment felt like a mob boss trial. 

"Don't commit any crimes. Don't mess with the jury. You may go"

On the other hand, watching him being treated like any other mob boss in court (down to addressing him as Mr Trump, not President Trump) was oddly reassuring.

Rule of Law and all that.

Yes. When I play Russian Roulette, I prefer to have all the chambers loaded instead of just one. https://t.co/UEXaxZFGJw

— Xeorge Xonway (@gtconway3d) August 3, 2023

Glenn Kirschner/MSNBC:

Why this Trump indictment is the most important

The alternative could have been a true national disaster.

This indictment is as important as it is historic. The principles of prosecution set out that the government charges those who break our society’s laws for several reasons: to vindicate the rights of the victim; to protect others in the community who would otherwise be subjected to the continued crimes of the offender; and to hold accountable those who choose to violate the laws that represent the considered values of the citizenry, as embodied in the criminal statutes enacted by the peoples’ duly elected representatives. Another important principle, though one generally associated more directly with sentencing a criminal defendant, is deterring others from committing the same or similar crimes. This last factor — what the law calls “general deterrence” — is perhaps the most important vis-à-vis Trump’s crimes regarding Jan. 6 and the 2020 election.

Yes. That is the law. https://t.co/qLsN6lP9ih

— Bradley P. Moss (@BradMossEsq) August 3, 2023

Mediaite:

Pence SHREDS Trump’s ‘Crackpot Lawyers’ in Fiery Statement on the Campaign Trail: ‘I Had No Right to Overturn the Election’

On the alleged co-conspirators:

You know, I’m a student of American history, and the first time I heard in early December, somebody suggests that as vice president, I might be able to decide which votes to reject and which to accept. I knew that it was false. Our founders had just won a war against a king, and the last thing they would have done was vest unilateral authority in any one person to decide who would be the next president. I dismissed it out of hand, but sadly, the president was surrounded by a group of crackpot lawyers that kept telling him what itching ears wanted to hear.

#AZSen: New numbers from Noble Predictive Insights Gallego 34 Sinema 26 Lake 25 Undecided 15 (July 13-17; 1,000 RVs; +/-3.1%) https://t.co/mQoFIqUWoY

— Matt Holt (@mattholt33) August 3, 2023

Politico Playbook:

THE TRUMP DEFENSE TAKES SHAPE — In social media posts and interviews, both Trump and one of his main lawyers, JOHN LAURO, have now outlined how they will respond to the new Smith indictment.

In an interview with NPR, Lauro, a white-collar criminal defense attorney with over four decades of experience, detailed five pillars of his defense:

1. SLOW IT DOWN

...

5. ATTACK D.C.

But the argument that Trump and his GOP allies are giving the most attention is that Washington is an inherently unfair venue for a trial.

The just-released transcript of the Devon Archer testimony just completely eviscerates what Comer and Jordan were saying on TV. Totally embarrassing.

— Philip Bump (@pbump) August 3, 2023

Cliff Schecter:

Matt Robison/Newsweek:

No, These Indictments Don't Strengthen Trump. That's Just Media Nonsense

The indictments aren't helping Trump and they aren't the reason he's increasing his lead. For that, you can thank the fact that Ron DeSantis is a historically terrible candidate. As the second place contender, he's widely viewed as the most likely Trump alternative, and as he has gotten more exposed in the national press, he's dropped half of his support. From March 10 through August 1, DeSantis went from 31.4 percent to 15.6 percent.

And where did those voters go? That ain't exactly rocket science either. Surveys show that Trump is the second choice of around 40 percent of DeSantis supporters. Lo and behold, as DeSantis has sunk, about 40 percent of the 15 point evaporation in his support has now shown up in Trump's column.

This violates Asimov’s Three Laws of Robotics https://t.co/LEMf6lC29q

— Greg Dworkin (@DemFromCT) August 3, 2023

Benjy Sarlin/Semafor:

Donald Trump is ignoring anti-abortion activists and winning anyway

What’s going on here? Most Republicans identify as “pro-life” and say abortion should be mostly or entirely illegal in polls. But a May survey by our partners at Gallup found that only 21% of Republican voters who consider themselves “pro-life” say they only vote for candidates who share their view on abortion. That’s notably far less than the 37% of “pro-choice” Democrats who say they only vote for like-minded candidates, and the biggest gap between the two sides that Gallup has ever recorded.

Trump himself has argued abortion is overrated as a vote driver even as he continues to take credit for the fall of Roe v. Wade. He blamed “the abortion issue” for contributing to 2022 election losses, saying activists supported policies that were too extreme and that their supposed backers “just plain disappeared” after Dobbs.

As a Watergate historian, it’s worth noting that nothing Nixon did—and he had plenty of crimes and conspiracies, involving more than 60 people criminally charged—approached the scale and severity of Trump’s assault on American democracy. https://t.co/34ivpckXp7

— Garrett M. Graff (@vermontgmg) August 2, 2023

John Burn-Murdoch/Financial Times:

Tragic fallout from the politicisation of science in the US

Many countries had partisan divides on Covid vaccination, but they were more lethal in the US than anywhere else
It would be easy to dismiss this trend as merely exasperating — an obstacle to progress on climate change and a source of irritation at extended family gatherings — but over the past 18 months, the politicisation of attitudes to science may have directly cost as many as 60,000 American lives.This is the stark implication of a new study from the Yale school of public health, which found that since Covid vaccines became widely available in the US, the mortality rate of registered Republicans in Ohio and Florida climbed by 33 per cent during America’s winter Covid wave last year, compared with just a 10 per cent rise among Democrats.

The state Senate's vote on Paxton’s impeachment will proceed independently from his criminal case. But the outcomes are interlinked. https://t.co/NLPwpumCan

— Texas Monthly (@TexasMonthly) August 3, 2023