Biden will discuss his legacy—and why Harris must continue it—in speech

Even though President Joe Biden won't be on the ballot this November, voters still will be weighing his legacy.

As Vice President Kamala Harris moves to take his place as the Democratic standard-bearer, Biden’s accomplishments remain very much at risk should Republican Donald Trump prevail.

How Biden’s single term and his decision to step aside are remembered will be intertwined with Harris’ electoral success in November, particularly as the vice president runs tightly on the achievements of the Biden administration.

Biden will have an opportunity to make a case for his legacy—sweeping domestic legislation, renewal of alliances abroad, defense of democracy—on Wednesday night when he delivers an Oval Office address about his decision to bow out of the race and “what lies ahead.”

And no matter how frustrated Biden is at being pushed aside by his party — and he’s plenty upset — he has too much at stake simply to wash his hands of this election.

Biden endorsed Harris shortly after he announced Sunday that he would end his candidacy, effectively giving her a head start over would-be challengers and helping to jumpstart a candidacy focused largely on continuing his own agenda.

“If she wins, then it will be confirmation that he did the right thing to fight against the threat that is Trump, and he will be seen as a legend on behalf of democracy,” said presidential historian Lindsay Chervinsky, executive director of the George Washington Presidential Library at Mount Vernon. “If she loses, I think there will be questions about, did he step down too late? Would the Democratic Party have been more effective if he had said he was not going to run?”

Similar what-ifs play out at the end of every presidency. But Biden’s defiance in the face of questions about his fitness for office and then his late submission to his party’s crisis of confidence heighten the stakes.

The last vice president to run for the top job was Democrat Al Gore, who sought to distance himself from President Bill Clinton during the 2000 campaign after the president's affair with a White House intern and subsequent impeachment.

Harris, in contrast, has spent the better part of the last three years praising Biden’s doings—meaning any attempt to now distance herself would be difficult to explain. And she has to rely on the Biden political operation she inherited to win the election with just over 100 days to go before polls close.

Speaking to campaign staff on Monday, Harris said Biden's legacy of accomplishment "just over the last three and a half years is unmatched in modern history.”

Vice President Kamala Harris and President Joe Biden in 2021

Trump and his allies, for their part, were eager to tie Harris to Biden’s record even before the president left the race—and not in a good way.

One campaign email to supporters declared “KAMALA HARRIS IS BIDEN 2.0 – Kamala Harris owns Joe Biden’s terrible record because it is her record as well,” calling out high inflation and border policies, among other things.

Biden this week promised the staffers of his former campaign that he was still “going to be on the road” as he handed off the reins of the organization to Harris, adding, “I’m not going anywhere.”

His advisers say he intends to hold campaign events and fundraisers benefiting Harris, albeit at a far slower pace than had he remained on the ballot himself.

Harris advisers will ultimately have to decide how to deploy the president, whose popularity sagged as voters on both sides of the aisle questioned his fitness for office.

The president’s allies insist that no matter what, Biden’s place in the history books is intact.

Biden's win in 2020 "was that election that protected us from a Donald Trump presidency,” said Rep. Steven Horsford, chairman of the Congressional Black Caucus. “Yes, we have to do it again this November. But had Donald Trump been in office another four years, the damage, the destruction, the decay of our democracy would’ve gone even further.”

Matt Bennett, co-founder of the center-left think tank Third Way, predicted there will be a difference between short-term recollections of Biden and his legacy if Democrats lose in November.

“It is true that if we lose, that will cloud things for him in the near-term” because Democrats will have to confront Trump, Bennett said. “In the long term, when history judges Biden, they’ll look at him on his own terms. They will judge him for what he did or did not do as president, and they will judge him very favorably.”

Biden’s decision to end his candidacy buoyed the spirits of congressional Democrats who had been fretting that the incumbent president would drag down their prospects of retaining the Senate and retaking the House. An all-Republican Washington would threaten to do even more damage to Biden’s legacy.

Already, congressional Republicans have tried to unravel pieces of the Inflation Reduction Act, a central Biden achievement that was passed on party lines in 2022. And they could succeed next year, with a President Trump waiting to sign a repeal into law.

GOP lawmakers could also vote to reverse key federal regulations that arrived later in the Biden administration.

“If the Republicans get dual majorities, they’re going to claw back as much as they can, they’re going to undo as much as they can and not only will that be a disaster for America and the world, it’ll be really bad for the Biden legacy," Bennett said.

Biden aides point to the thus-far seamless nature of Harris’ takeover of his political apparatus as evidenced that the president has set up his vice president to successfully run on their shared record. But the ultimate test of that organization will come in November.

No one will be cheering her on more than the president.

As Biden said to Harris: “I’m watching you, kid."

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House GOP sure wasted a lot of America’s time and money on Biden

Republicans have wasted so much: It’s not just the carloads of “Let’s Go Brandon!” merch now on its way to landfills, it’s a huge amount of time and money that is owed directly to Americans. As soon as they gained a small majority—and once they were past the first round of follies in naming a speaker—Republicans got right on their No. 1 priority.

That priority wasn’t passing legislation to help people. They've been one of the least effective Congress in history. Instead, they jumped right into the most important task of all modern Republicans: Showing their loyalty to Donald Trump by launching unfounded attacks on his opponents. 

In the House, that meant not one, not two, but three simultaneous investigations into everything Biden. A car loan, his son's private parts, anything was fodder for a mill meant to crank out a never-ending stream of Biden "scandal."

All of this is completely worthless to the country. Now it’s not even useful to Trump.

The Republican grovel fest, headed up by Reps. James Comer and Jim Jordan, was ridiculous from the outset. 

There was the fake FBI document produced by a Russian mole whose repeated claims were originally pushed in 2019 by Rudy Giuliani and were debunked almost as soon as they appeared. That hasn’t stopped Jordan from repeating these easily disproved lies and pretending to seriously investigate Biden’s actions in helping to get rid of a corrupt official. 

Meanwhile, Comer was busy trying to prove that Biden was the recipient of money from China, talking up a witness who could prove everything if Republicans could find him. Comer went after Hunter Biden for paying back a small loan when Biden wasn’t even in office. Then there was a small personal loan to his brother, also while Biden wasn’t in office. In the end, they turned on Attorney General Merrick Garland when they could find no reason to impeach Biden. 

That was the biggest problem for these Republicans: Biden hadn't done anything wrong. But that didn't stop them from crowing over every false claim as if it were proof that Biden was the godfather of the "Biden crime family." A crime family that is somehow so huge and corrupt and has netted Biden a beach home that isn’t even on the beach rather than towers full of golden targets. 

Efforts to generate support for a Biden impeachment ran out of steam last fall, so Republicans were never able to present to Trump that “see, he was impeached too!” present they were so anxious to deliver. By spring, Republicans were looking for some way to escape this whole pointless exercise.

And now ... all of it is a waste. Republicans loved to complain about how much former FBI Director Robert Mueller spent investigating Trump’s connections with Russia, but they haven’t been as quick to post how much they’ve spent investigating Biden to absolutely no purpose. 

Want to see how important it really was? Just watch how quickly Republicans drop these investigations for vital hearings over plastic straws and whether or not Harris was too tough on crime.

But, even before Biden withdrew from the election, this was already a waste. For everything they had done, House Republicans never laid a finger on Biden. Nothing stuck to Biden because it was all malarkey.

But they did show that they were completely under Trump's control so ... job well done.

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Biden says he won’t step aside. What happens next?

Despite continuing calls for him to step aside as the Democratic Party’s nominee, President Joe Biden says he’s not going anywhere. A significant contingent of Democratic leaders disagrees with that decision.

So where do things stand now?

This year’s presidential race was already neck-and-neck heading into a June 27 debate that Biden requested, using rules he established. The result was not great, as I wrote at the time. “President Joe Biden had one job Thursday, one job only—prove to America that he still has what’s needed to be president, despite rampant questions about his age. He didn’t do that. Instead, he validated the worst criticisms.”

Three weeks later, the debate rages on inside the Democratic Party: Should Biden stay or should he go?

The problem is, there is no real mechanism to force him out. Some have said that delegates can take it upon themselves to ditch Biden, given the party rule stating that “Delegates elected to the national convention pledged to a presidential candidate shall in all good conscience reflect the sentiments of those who elected them.” That sounds good on paper, except that it’s not as simple as that.

There are 3,979 pledged delegates to the Democratic National Convention. To oust Biden, 1,990 would have to not just abandon Biden, but do so for a single other candidate. This means there would have to be an actual campaign, with all the trappings that would entail—public appeals for support, clearing the field, and managing the inherent divisiveness of such a move. (Disclosure: I’m a California delegate to the convention.)

In other words, forcing Biden out of the race against his will would require an organized rebellion and unity in purpose that is well beyond the Democratic Party’s ability. You can see it even in the statements of those demanding that Biden quit—few are clearly advocating for the obvious alternative, Vice President Kamala Harris. They all talk about some truncated primary process because the second an actual Biden alternative is named, it generates opposition from supporters of other potential replacement candidates.

That’s why on Wednesday, California Rep. Adam Schiff called for Biden to “pass the torch” without explaining how and to whom. The second he named a name, people would disagree with that alternative, starting a debate that does nothing to help us win in November.

Timing is important here, as there are several deadlines approaching. One is the party’s decision to nominate Biden in a virtual roll call, first agreed on to avoid the filing deadline in Ohio. Like Alabama, Ohio’s deadline has since been moved to after the convention, so efforts to continue with the virtual roll call appear to be motivated by the desire to shut down Biden’s intra-party detractors and lock in Biden’s nomination ahead of the late-August Democratic convention.

That doesn’t mean that Biden, even after being nominated, couldn’t drop out and release his delegates by the convention’s start. The bigger timing issue is simple: We’re less than four months away from Election Day, and every single day that the focus isn’t on Donald Trump is a day that he has effectively won the news cycle.

Elections are usually a referendum on the incumbent. This year, we effectively have two incumbents—a sitting and a former president. So in order to win, we have to make this election about Trump and ask voters whether they want to return to the chaos, incompetence, and fascist tendencies of the Trump administration … but supercharged.

538’s polling average has shown a roughly 2-point drop for Biden post debate, a relatively small effect given his disastrous performance and the media’s near-constant coverage of it. But the explanation is simple: It’s about the narrative.

Before the debate, Democrats said Trump was a dangerous liar, and Republicans said Biden was cognitively addled and old. Then the debate happened, and what did voters see? They saw that Trump was a dangerous liar, and Biden was old and suffering from cognitive decline. The narrative had been set, and the debate confirmed it. Biden missed a golden opportunity to reset that narrative, but it wasn’t to be.

Ultimately, voters saw nothing in the debate that they didn’t already assume was true.

And because of that, some Democrats’ efforts to push Biden out of the race have largely proven self-destructive. The news cycle is speeding past at a dizzying pace. An assassination attempt on Trump four days ago is now old news. Had Democrats shrugged off Biden’s performance and quickly moved on, the whole debacle would now be ancient, mostly forgotten news. Instead, Democrats have insisted on replaying the ordeal in the news every single day.

I get it—we have a lot more at stake than Republicans do. Democrats recognize that our rights and our very democracy are on the line. As for Republicans: What do they have to fear from Biden? Just look at Trump’s nickname for Biden—”Sleepy Joe.” We are fearful of losing our rights, they are fearful of what—a president that falls asleep?

We even have data on this. A March AP poll found that around 70% of Democrats were fearful of another Trump presidency, while a significantly fewer 56% of Republicans said the same about a Biden presidency. He’s just not that scary.

That’s why conservative memes often portray Biden as a puppet being manipulated by George Soros or Bernie Sanders (the Jews!), or Barack Obama or Harris (the scary Blacks!). Or maybe all of the above.  

Trump and his MAGA ilk really don’t know how to run against an old white man, someone who looks just like the Republican base. They prefer to run against the “other.” That’s always been the case, and that’s why Trump called Ukrainian President Volodymyr Zelenskyy on July 25, 2019, to try to manufacture a fake investigation against Hunter Biden. That was the same phone call that led to Trump’s first impeachment.

At that time, Biden was polling in the high 20s or low 30s in the Democratic primary. Sens. Bernie Sanders and Elizabeth Warren were polling high, and had they united the left wing of the party, could’ve posed a serious threat. But Trump wasn’t worried about them: He was worried about Biden, and actively working to kneecap his candidacy early. Turns out, Trump had every reason to fear Biden the most.

For his part, Biden is through listening to his party’s critics. He wanted to run for president in 2016, but party leaders pushed him aside in favor of Hillary Clinton. When he geared up to run in 2019, the same voices claimed he was too old and archaic to defeat Trump. Heck, I was saying those things. Yet Biden proved his critics wrong, and did something that has only been done five times since 1912—he defeated an incumbent president.

Biden is done listening to critics.

So the critics in the Democratic Party are saying he should step aside, and he’s thinking, “They were wrong in 2016, they were wrong again in 2020, and they’re wrong again today.”

Of course, the Biden of four years ago is a different one than today’s Biden. Heck, he even seems different from the Biden who nailed the State of the Union address back on March 7. So yeah, people have reason to be freaked out, but the fundamentals of the race haven’t changed. Swapping out a candidate won’t reset the race for the Democrats; it’ll just create strife and ill feelings at a time when we need to be focused on Trump and his Project 2025 agenda. And much of what I wrote pre-debate about why Biden is not looking as bad as the polls indicate? It still holds up today.

Democrats have been overperforming polling since 2020. That includes 2022, when everyone declared that a red wave was inevitably going to sweep Democrats out of power in Congress, state houses, and state legislatures across the country. That certainly didn’t happen. And in regular and special elections, Democrats continue to overperform. Meanwhile, Trump underperformed his polling during the contested part of the Republican primary season.

Even globally, the far right has underperformed polling and expectations in India, Poland, and most recently, in France. (The right was swept out of office in the United Kingdom, but that was well predicted by the polling.) We’re consistently seeing that when facing right-wing authoritarian fascism, voters turn out in greater numbers than predicted, no matter what the polls say.

None of that means Biden is a shoo-in, but we’re not facing a calamitous situation. Indeed, Biden’s chances of winning in 538’s election model have inched up in recent days, to 54%. That’s a coin flip, within the margin of engagement. That was true before the debate, it’s true after the debate, and it will be true after the Republican convention and even the Democratic one.

The winner of the 2024 presidential election will come down to which side out-hustles the other one on the ground, turning out their vote in just a handful of battleground states. There isn’t a single potential candidate (pie-in-the-sky nominee Michelle Obama doesn’t count) that would significantly change the dynamics of this race. The country is locked into hyperpartisanship so strong that few people’s minds will be changed by anything—not even the attempted assassination of one of the candidates. (It’s true: Trump got zero bump.)

With Biden fully committed to his reelection campaign, it serves little purpose for senior Democrats to continue undermining the sitting president. You don’t have to like it (most don’t), you can think it sucks (and you might be right!), but Biden is holding all the cards. We either get back to focusing on Trump and Project 2025, or we give Trump a big assist in his bid to reoccupy the Oval Office.

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Biden wants to reform the Supreme Court. So do Americans

On Tuesday evening, The Washington Post reported that President Joe Biden is preparing to announce his support for major reforms to the Supreme Court. Rather than call for immediate expansion of the court or for the impeachment of justices clearly violating the court’s toothless ethics guidelines, Biden will seek to establish term limits and an enforceable code of ethics.

Biden is also considering whether to promote a constitutional amendment to reverse the Supreme Court’s recent decision giving presidents broad immunity from prosecution.

While not offering the prospect of immediate relief from the precedent-breaking rulings of this ultraconservative court, Biden’s proposals would bring serious (and overdue) changes to the court—and they’re some of the most consequential ever put forward. The proposals also have the advantage of not being overtly partisan or created to generate a particular end, unlike court expansion. They also have the advantage of being really smart politics.

Republicans would viciously fight any Democratic proposal to expand the court. They would see any attempt by Biden to tack on four or six new justices as explicitly partisan, designed to weaken their iron grip on the court. Not only would such a proposal be immediately squelched in the Republican-controlled House, it also wouldn’t see much consideration in the filibuster-happy Senate.

When polled by Gallup in 2023, Americans were roughly evenly split over the idea of expanding the court, with 51% opposing it and 46% supporting it. But the same poll shows overwhelmingly bipartisan support both for placing an age limit on members of the court (74% support it) and for placing term limits on Congress members (87% percent support it). The reported proposal from Biden would sort of combine those two ideas, using a term limit for justices instead of an age limit. This has advantages over putting an age limit on the court because three of the four youngest justices are Trump appointees, and an age limit would allow them to remain on the court for decades to come.

And while Republicans would assail placing term limits on justices, that proposal would likely garner high enough levels of public support to make Republicans think twice. Even if they don’t, Republican leadership would be on record opposing a popular proposal, while Biden would be on record as offering an innovative solution to a widely-recognized problem.

Smart. Politics.

This is even more true for an enforceable code of ethics. A May survey from Data for Progress shows 77% of likely voters say Supreme Court justices and their spouses should be required to follow a code of ethics. Just 10% of likely voters, including only 18% of Republicans, oppose this idea. Overall, 73% felt that members of the court should be held to the same ethics standards as other federal judges. Only 17% felt that the court should be allowed to set its own ethical standards. 

That’s about as good a mandate as any idea is going to get in a day when the majority of Americans oppose teaching Arabic numbers. People may not know the history of the symbols they use when paying for a burger, but they know that Justice Clarence Thomas is dirty as hell.

Republicans in Congress are sure to view any ethics proposal as a response to the escapades of Justices Thomas and Samuel Alito and their insurrection-loving wives. So would the public. However, not only do a majority of likely voters support impeaching both Thomas and Alito (after voters are informed about those justices’ ethical lapses), but putting Republicans in the position of opposing ethical guidelines is essentially the same as forcing them to stand there and declare themselves the party of corruption.

That’s also very smart politics.

Biden’s proposal for a constitutional amendment to reverse the recent Supreme Court ruling on presidential immunity is also likely to be popular. No one is particularly fond of the “Seal Team 6” scenario in which a president would be immune from having his political rivals assassinated. And it could be seen as a willingness on Biden’s part to surrender power and hold his office to higher standards at the same time that he is proposing such standards for the court.

None of this is to say that expanding the court is a bad idea. It may be the only way that the United States could gain relief from this court’s egregious rulings. Democrats should absolutely be ready to push that idea if this year’s election provides them the presidency and a majority in both chambers of Congress.

But right now, Senate Majority Leader Chuck Schumer and Senate Judiciary Committee Chair Dick Durbin should be prepared to pounce on Biden’s court proposals as soon as they are announced.

There are good ideas. These are likely to be popular ideas. This is a very good fight to have in the months leading up to the election. So please, have it. Loudly and enthusiastically.

Now would be better than later. Getting this in public and forcing Republicans to react to it while the RNC is still going on would be just … peachy. Let Donald Trump deliver an acceptance speech in which he bombastically defends corruption. Put Republicans on the defense.

And deliver something the public not only wants but needs.

The Supreme Court has gone rogue. Now is the time to start fixing it

The conservative Supreme Court has gone rogue. It has “cemented its place in history as the most radical Supreme Court ever,” in the words of historian Kevin Kruse. It handcuffed all federal regulatory agencies last week, and elevated the president to king on Monday. They’ve done so on behalf of the American oligarchs who have bankrolled the lavish lifestyle of at least two of the justices. They have also done so on behalf of twice-impeached convicted felon Donald Trump.

If there is any hope of salvaging our republic out of this mess, President Joe Biden and Democrats have to fight back, immediately, in the campaign and in action. That means setting aside the trust institutionalists like Biden and Senate Judiciary Chair Dick Durbin have in the system and in the basic decency of people like Chief Justice John Roberts. It means directly taking on the corrupt court and making the case to the American people that it has to be stopped.

Biden made a start Monday evening, giving a short prime-time address to the nation to point out the “dangerous precedent” of placing “virtually no limits on what a president can do.”

“This decision,” Biden said, “has continued the court’s attack in recent years on a wide range of long-established legal principles in our nation, from gutting voting rights and civil rights to taking away a woman’s right to choose to today’s decision that undermines the rule of law of this nation.”

In perhaps the most chilling words a president has uttered since the Civil War, Biden starkly defined where we’re at as a nation. 

“[I]t will depend on the character of the men and women who hold that presidency that are going to define the limits of the power of the presidency,” he said, “because the law will no longer do it.” 

That’s Biden declaring that, as of Monday, we are no longer a nation under the rule of law because of a decision made by a court that is fundamentally corrupt—the essential backdrop to this momentously, historically awful term.

Start with Justice Clarence Thomas, whose corruption has been detailed in months of reporting from ProPublica: the undeclared luxury trips, gifts, and real estate deals; the cozying up to the Koch machine; his own extortion of the court and the oligarchs insisting that if he didn’t benefit financially, he would leave the court. There’s also his wife, Ginni, who not only plotted in Trump’s efforts to overturn the 2020 election, but was rewarded by another billionaire—Leonard Leo—who funneled tens of thousands to her for consulting work. 

Not to be outdone in either the grift or the partisanship game, there’s Justice Samuel Alito. He was there for the luxury trips from hedge fund billionaires and the lavish trip to Rome to be feted for writing the decision that overturned Roe v. Wade. Like Thomas, Alito lets his spouse do his partisanship talk for him, or rather the flag-flying.

Then there’s Roberts refusing to even answer questions from the Senate about how these bought-and-paid for ideologues have tarnished the institution or to consider implementing a binding ethics reform to attempt to redeem the court.

And voters know it. Trust in the court plummeted after it overturned Roe to record lows, and it is not recovering.

So here we are. The only thing that can forestall the end of the republic is our vote and the hope that democrats—and Democrats—prevail in November in numbers that can’t be denied. Maybe then elected Democrats will fix this mess.

There are plenty of good ideas for reshaping the court from expanding it to imposing term limits to create a stable of justices that rotate in and out of the court. The solutions are there—Democrats need to embrace them. And run on them.

That can start with rallying around Rep. Alexandria Ocasio-Cortez’s impeachment resolution against the justices who perpetrated this “assault on American democracy.” No, it won’t move forward in a Republican-controlled House, but it can help unite Democrats for an immediate course of action should they regain the House.

House Democratic Leader Hakeem Jeffries echoed that, saying Democrats plan to “engage in aggressive oversight and legislative activity” to determine that “extreme, far-right justices in the [Supreme Court] majority are brought into compliance with the Constitution.”

The Senate has to take the lead in the coming months, and it has to come from Durbin, who failed in his first task of responding to the devastating ruling. He complained over spilled milk, that Thomas and Alito “brazenly refused to recuse themselves from this case.” He scolded Roberts for not using “his existing authority to enact an enforceable code of conduct.”

It’s a lot too late for that. Durbin and his colleagues need to get on the same page as House Democrats, because they actually are in an oversight position and need to start using it. No, they can’t fix the Supreme Court now, but they can start building the case for it. 

They have to win back the two elected branches, and one of the best ways to do it will be to put aside the niceties of institutionalism and comity and declare war on the unelected branch—the one that would make Trump king.

In the aftermath of the Supreme Court's Bloody Monday, every single Democrat should be talking about that—exclusively that. Enough hand-wringing over Biden’s debate performance. Enough speculation about replacing the top of the ticket. Enough Democrats in disarray. Too much is at stake now.

Tell the people—show the people—the danger the republic is in. How Democrats react now to what this court has done could make all the difference in November.

If you want to help make America the place it ought to be, it starts by electing more and better Democrats. And you can do your part right here. Please give $10 to each of these Daily Kos-endorsed candidates today!

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A rogue Supreme Court awaits its king

Supreme Court Chief Justice John Roberts admonished liberal members of the court in his opinion that vastly expanded the idea of presidential immunity on Monday. The court’s three liberal members were only “fear mongering on the basis of extreme hypotheticals,” he wrote.

That finger-wag toward terrified, dissenting justices came only a few hours after Donald Trump signaled his desire for “televised military tribunals” that would try former Rep. Liz Cheney for treason. 

On call with Biden-Harris campaign, Rep. Dan Goldman (D-N.Y.) says SCOTUS' decision on presidential immunity means a Trump re-election isn't just the biggest threat to democracy in a generation. "It's far and away the biggest threat since the Civil War."

— Jennifer Bendery (@jbendery) July 1, 2024

In less than a week, the Supreme Court has issued a string of rulings that demolish the ability of the government to regulate safety, labor, and the environment. Effectively, they’ve made being homeless illegal and being a Trump insurrectionist perfectly fine. And now they’ve presented a vast expansion of presidential power that exceeds the greatest dreams of Richard Nixon

Everything that the Supreme Court has done in these rulings paves the way for Trump and his allies’ Project 2025 to complete the purge of democracy that this court has already begun. And it all makes defeating Trump infinitely more important.

There was a time when Roberts was seen as a moderating voice on the Supreme Court, as someone who was concerned about the court being accused of partisanship, and who was willing to ally with the court’s more liberal elements to keep a new conservative majority under control. But the court-watchers who made such predictions could not have been more wrong.

Despite his odes to stare decisis, Roberts has consistently voted to overturn long-standing precedent. Since gaining the support of three Trump-appointed radicals, Roberts has become a reliable member of a series of 6-3 decisions that have redefined the traditional role of the three branches of government. 

In the decision on presidential immunity, Roberts is trying to dismiss the dissents of the three remaining liberal judges as overblown, but if anything, they are a subdued response to this ruling. 

  • The ruling extends absolute immunity to anything that falls within the “‘outer perimeter’ of the President’s official responsibilities, covering actions so long as they are ‘not manifestly or palpably beyond [his] authority,’” Roberts writes.

  • In determining whether an act is official, “courts may not inquire into the President’s motives.”

  • Also, courts can’t “deem an action unofficial merely because it allegedly violates a generally applicable law.”

If you’re having trouble seeing how anyone is permitted to question any action of the president under this ruling, you’re not the only one.

As Justice Ketanji Brown Jackson writes in her dissent, “Departing from the traditional model of individual accountability, the majority has concocted something entirely different: a Presidential accountability model that creates immunity—an exemption from criminal law—applicable only to the most powerful official in our Government.” She makes it clear that the court creates a “multilayered, multifaceted threshold” that would have to be cleared to charge a president under any circumstance, meaning that “no matter how well documented or heinous the criminal act might be,” it can still be dismissed.

And when it comes to the theoretical example that was raised during oral arguments, yes, “a hypothetical President who admits to having ordered the assassinations of his political rivals or critics” or who “indisputably instigates an unsuccessful coup” still has “a fair shot at getting immunity” for those actions.

Don't tell me the conservative justices don't believe in abortion rights. They are currently trying to abort democracy in the 992nd trimester. And if they get Trump onto the throne they’ve built, the odds of ever finding America again are slim to none.

President Joe Biden may be the last remaining politician in Washington who maintains endless respect for the institutions we have inherited and the network of implicit agreements that kept our democracy patched together over two centuries. As recently as a year ago, he rejected the idea of expanding the number of justices or taking other actions to restrain a court veering dangerously away from its traditional role.

Biden needs to reconsider. The damage this court has done, in just a matter of days, is inestimable, and those horrific decisions are stacked on top of years of increasingly nonsensical rulings, including the overturning of Roe v. Wade

This is a highly partisan court whose primary interest is in enacting a radical MAGA agenda. It’s also a court that has repeatedly made clear that it holds itself above the law and has nothing but contempt for anyone trying to hold it accountable. Now it wants to extend that privilege to Trump.

This court must be tamed. But most of all, this court must be prevented from joining the man whose throne they have been preparing. This nation can’t survive this court and Donald Trump. 

Joe Biden is going to have to beat them both. And we’re going to have to help him.

"If Joe Biden is not elected in November, we will not have a democracy that we have known for 250 years," says Goldman, who led the first House impeachment investigation into Trump in 2019.

— Jennifer Bendery (@jbendery) July 1, 2024

GOP House speaker finally finds a reason to remove a president from office

House Speaker Mike Johnson—an architect of Donald Trump’s plan to overturn the 2020 election who had to be evacuated from the Capitol as the mob descended on Jan. 6, 2021, and who stood with Trump as a New York jury convicted the former president on 34 felony charges—says President Joe Biden should be removed from office because he had a bad debate night.

“I would ask the Cabinet members to search their hearts. … And we hope that they will do their duty, as we all seek to do our duty to do best by the American people. These are fateful moments,” Johnson told reporters Friday. “If I were in the Cabinet … I would be having that discussion with my colleagues at the Cabinet level. I would. … We'll see what action they take. It’s a serious situation.”

This is the same Mike Johnson who voted against removing Trump from office after the Capitol insurrection. He’s for removing a president because he’s old, and he’s against removing a president who is old and who tried to overthrow the government. Good to know.

Meanwhile, Johnson’s guy stood on a debate stage and lied more than 30 times, according to CNN’s fact-checking guru Daniel Dale, including:

Democratic-led states allow babies to be executed after birth, that every legal scholar and everybody in general wanted Roe v. Wade overturned, that there were no terror attacks during his presidency, that Iran didn’t fund terror groups during his presidency, that the US has provided more aid to Ukraine than Europe has, that Biden for years referred to Black people as “super predators,” that Biden is planning to quadruple people’s taxes, that then-House Speaker Nancy Pelosi turned down 10,000 National Guard troops for the US Capitol on January 6, 2021, that Americans don’t pay the cost of his tariffs on China and other countries, that Europe accepts no American cars, that he is the president who got the Veterans Choice program through Congress, and that fraud marred the results of the 2020 election.

Trump stood on that debate stage and refused—three times—to say he will accept the results of the next election. That’s the guy Johnson wants to see back in the White House. 

And what was Trump’s main takeaway from the debate? He’s a great golfer. So please spare us your thoughts on who is fit to be president, Mr. Johnson. Oh, and fuck you. 

Don’t let either Johnson or Trump stay in power. Please give $10 to each of these Daily Kos-endorsed candidates to take back the House and defeat Trump!

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Former GOP Rep. Adam Kinzinger endorses Biden

Republican former congressman Adam Kinzinger endorsed President Joe Biden on Wednesday, giving the Democrat a prominent new ally in his high-stakes campaign to win over moderate Republicans and independents this fall.

Kinzinger, a military pilot who emerged as a fierce critic of former President Donald Trump after the U.S. Capitol was attacked by Trump's supporters, described Trump as “a direct threat to every fundamental American value” in a video announcing the Biden endorsement.

“While I certainly don’t agree with President Biden on everything, and I never thought I’d be endorsing a Democrat for president, I know that he will always protect the very thing that makes America the best country in the world: our democracy,” said Kinzinger, who voted for Trump in 2020.

The former Illinois congressman also issued an ominous warning. Trump, he said, will “hurt anyone or anything in pursuit of power.”

Kinzinger's announcement comes on the eve of the opening presidential debate and gives Biden an example he can raise Thursday night of a well-known Republican supporting him over Trump. Biden’s camp is prioritizing outreach to moderate Republicans and independents alienated by Trump’s tumultuous White House tenure.

Kinzinger becomes the highest-profile Republican official formally backing Biden, whose campaign earlier in the month tapped Kinzinger's former chief of staff Austin Weatherford to serve as its national Republican outreach director. Republican former Georgia Lt. Gov. Geoff Duncan also endorsed Biden last month.

Ultimately, a number of prominent Republicans are expected to join Biden's campaign, with more influential names likely to be announced closer to the November election.

Shortly after Kinzinger announced his decision, Biden shared the endorsement video on social media and said he was grateful for the Republican's support.

“This is what putting your country before your party looks like,” Biden wrote on X.

Biden's team is trying to create what it calls “a permission structure” for Republican voters who would otherwise have a difficult time casting a ballot for the Democratic president.

Kinzinger developed a national profile as one of two Republicans who served on the House's committee investigating the Jan. 6, 2021, attack. The committee highlighted a number of Trump's transgressions before and during the deadly attack on the U.S. Capitol as Congress tried to certify the election results for Biden.

Kinzinger, who did not seek reelection in 2022 after voting to impeach Trump for his role in the Jan. 6 attack, called on the GOP to change course.

“To every American of every political party and those of none, I say now is not the time to watch quietly as Donald Trump threatens the future of America,” said Kinzinger, who repeatedly described himself as a conservative in the video. “Now is the time to unite behind Joe Biden and show Donald Trump off the stage once and for all.”

In a statement Wednesday, Biden campaign manager Julie Chavez Rodriguez described Kinzinger as “a true public servant who is a model for putting our country and our democracy over party and blind acquiescence to Trump.”

“Congressman Kinzinger represents the countless Americans that Donald Trump’s Republican Party have left behind," she said. “Those Americans have a home in President Biden’s coalition, and our campaign knows that we need to show up and earn their support.”

Trump and his allies have long dismissed Kinzinger's efforts to rally Republicans against him. The former president publicly celebrated when Kinzinger didn't seek reelection and has called for the prosecution of Kinzinger and others who served on the Jan. 6 committee, part of his pattern of suggesting his opponents face government retribution.

Biden has been particularly focused on courting supporters of Republican former presidential candidate Nikki Haley, who continued to win over a significant number of anti-Trump GOP primary voters throughout the spring even after suspending her campaign.

As part of Biden’s sustained outreach to moderate voters in both parties, his campaign released an ad highlighting Trump’s often-personal attacks against Haley, including his primary nickname of her as “birdbrain” and suggestion that “she’s not presidential timber.”

Haley last month said she will vote for Trump in the general election.

Indeed, Trump’s grip on his party’s passionate base is stronger than ever. And the overwhelming majority of Republican elected officials are backing his 2024 campaign, even those few, like Haley, who worked against him in the primary phase of the campaign.

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House Republican wants to have attorney general arrested just because

GOP Rep. Anna Paulina Luna of Florida, best known for fabricating her entire life story, told Fox News that she has a plan to get the sergeant-at-arms to arrest Attorney General Merrick Garland. 

“Several months ago, I introduced a resolution for something called inherent contempt of Congress. This is something that Congress has the authority to do, and it hasn’t been done since the early 1900’s,” she told host Maria Bartiromo on Monday. 

Luna was responding to questions about the Justice Department’s announcement that it would not prosecute Garland for not turning over audio of President Joe Biden’s interview with special counsel Robert Hur.

“And what that allows Congress to do is really be the punitive arm and really hold Garland accountable by using the sergeant-at-arms to essentially go and get him,” Luna went on, “as well as the tapes, bring him to the well of the house and really be a check-and-balance on the Department of Justice.”

Like most of what Luna says, there are all kinds of facts being misrepresented here. For one, her assertion that she introduced her inherent contempt of Congress resolution “several months ago” is belied by the fact that she actually announced it on May 7. And while that is technically more than one month, it is far less than several months. Though, to be fair, her announcement could have been missed, since it came the same day that Stormy Daniels was testifying … in Trump’s criminal trial.

The sergeant-at-arms is "the chamber’s primary law enforcement official and protocol officer, responsible for maintaining security on the House floor and the House side of the U.S. Capitol complex.” 

The case from the “early 1900’s” that Luna is referring to is something some legal scholars felt was more apropos to the unwillingness to comply with requests from Congress by the Trump administration.

The Teapot Dome scandal, which involved President Warren G. Harding’s Secretary of the Interior Albert Bacon Fall’s no-bid contract to lease federal oil fields in Teapot Dome, Wyoming, happened in 1922. Attorney General Harry M. Daugherty was heavily criticized at the time for not more thoroughly investigating Fall, who was later convicted of taking a $100,000 bribe.

The scandal escalated to the Senate committee subpoenaing Mally S. Daugherty, the attorney general’s brother. 

When Mally Daugherty refused to show up to testify before Congress, the Senate Sergeant at Arms David S. Barry deputized John J. McGrain to arrest him and bring him to Washington to testify.

The Republicans’ fixation on getting audio, despite having already received the entire transcript of Hur’s interview with Biden, has been a transparently political endeavor. Hur, a Republican, released a 375-page report in February saying that no charges were warranted and that Biden had likely kept the documents as a private citizen by “mistake.”

Since then, House Republicans voted to hold Garland in contempt. Speaker Mike Johnson vowed to take the Garland contempt case to court after the DOJ announced it planned no further action. But whether Johnson will bring Luna’s resolution to a vote remains to be seen.

There has been very little tangible action that has come out of the GOP’s neverending political theater. This past year it spent an inordinate amount of time attacking Biden’s border security while trying to impeach Homeland Security Secretary Alejandro Mayorkas—a stunt that failed miserably. 

Luna’s newest resolution is the GOP’s latest political stunt to create a cloud of doubt over Biden’s reelection campaign against convicted felon Trump.

Hopium Chronicles' Simon Rosenberg joins Markos to discuss the “red wave-ification” of the economy and how prepared Democrats are for November. There is still work to do but we have a better candidate—and we have the edge.

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ICYMI: Why special elections should make the GOP squirm, and no, Biden never promised a single term

New poll: Republicans say Trump's an even better candidate now than in 2020

How anyone can think Trump is a viable candidate, let alone a more viable candidate than in 2020 is truly mind-boggling.

Why special elections should have Republicans panicking 

Democrats are doing some serious overperforming.

Biden never promised a single term—and it would be stupid if he had 

Frankly, it doesn’t make sense for any president to announce they’re only seeking one lame-duck term.

Cartoon: Why I'm voting for Trump

It should always be based on payback.

'We will hunt you down': Steve Bannon heads to prison threatening revenge 

It seems lots of Republicans have revenge on the brain. 

Watch congressman nail GOP's double standard on Hunter Biden conviction 

It’s amazing how differently both sides of the aisle behave when only one believes in the rule of law.

Pennsylvania governor to Trump: 'Stop sh-t talking America' 

And less whining would be nice, too.

Hunter Biden is convicted, but the GOP is still big mad 

Nothing can satisfy these folks. (Well, maybe a Biden impeachment.)

DA who convicted Trump draws ire for daring to defend himself from GOP attacks 

So they forced the district attorney to defend his case and then attacked him for doing so? 

Paul Ryan still sucks 

He’s gone but we wish he was forgotten.

Biden wins again as Trump’s economic forecast turns out to be pure garbage 

Just another reason to not listen to a word Trump says.

Click here to see more cartoons.

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