Let Me Count The Ways…

There are all sorts of tactics that have been employed over the years to suppress the votes of “the other guys.” Recently, those efforts have mostly come from the GOP, but historically, both parties have engaged in them–just as both parties do (and continue to) gerrymander when they control a state legislative chamber.

I’ve recently noted that the efforts to cast doubt on voting by mail are partly motivated by the fact that vote-by-mail defeats many of the time-honored ways to suppress minority votes–and provides a paper trail.

One of the least commented methods of suppressing minority votes–and one of the most effective–is felon disenfranchisement. It is widespread–a number of states forbid ex-offenders from casting ballots–and superficially, at least, it’s race-neutral. For citizens unaware of the over-incarceration of African-Americans during America’s drug war (laid out in indisputable terms by Michelle Alexander in The New Jim Crow), felon disenfranchisement is simply a lingering, perhaps overly-harsh “law and order” punishment of those who have broken the law.

Two recent court decisions–one honorable, one definitely not–make the implicit, explicit.

In North Carolina, a court struck down an effort to keep ex-offenders from casting ballots, holding that the state could not disenfranchise citizens who owe fines, fees, and other debts from a felony conviction. As the linked article about the ruling noted,

Many felon disenfranchisement rules, including North Carolina’s, are rooted in overt white supremacy. After Reconstruction, racist Democrats in the state sought to revoke Black citizens’ suffrage. They accomplished this task, in part, through vague criminal laws that stripped convicted felons of their civil rights—then enforced these laws disproportionately against Black people. North Carolina’s current statute is rooted in an 1877 law spearheaded by a representative who later presided over the lynching of three Black men. At the time, Democrats argued that felon disenfranchisement was necessary to stop “the honest vote of a white man” from being “off-set by the vote of some negro.” Its purpose, alongside other Jim Crow measures like the literacy test, was to “secure white supremacy.”

The law continues to work as intended, as documented in an expert report by University of North Carolina professor Frank R. Baumgartner. Today, Black North Carolinians represent 22 percent of adults and 42 percent of the disenfranchised. Black residents are denied the right to vote at three times the rate of white residents in 44 counties. The state’s disenfranchisement regime targets two groups of people: those on probation or parole, and those who’ve completed their full sentence but still owe court debt. Notably, judges may extend an individual’s probation or send them back to prison because they haven’t paid off these fines and fees.

Meanwhile, in Florida, immediately after a majority of citizens voted to overturn that state’s felony disenfranchisement law, Republican legislators passed a measure that limited that disenfranchisement to those who had managed to pay off all court costs. A federal judge ruled that the restriction was an unconstitutional poll tax. But last Friday, an appeals court narrowly overturned that decision.

The court’s 6-4 ruling dealt a significant blow to civil rights groups that have fought to expand the voter rolls with hundreds of thousands of people who had completed prison time and parole for felony convictions. It also undermined what had seemed like a major referendum victory in 2018 and served as another reminder of the decisive role that a slew of legal cases could play before the presidential election.

There are lessons here, for those of us willing to learn them.

First, racial animus dies hard, and it lurks in places we seldom think to look. Second, the competence and integrity of the men and women who occupy the nation’s bench–who act as custodians of the Constitution and defenders of the Rule of Law–is critically important.

And third, the future of both that bench and this nation depends upon massive turnout for “blue no matter who” on (or preferably before) November 3d.

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Distraction

Note: Apologies for the extra and misleading email yesterday. The blog referenced (to which the link would not work) will post on the 16th. (I sometimes work ahead–and in those cases, obviously don’t know what I’m doing…)

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I know that many of you who read this blog also subscribe to Heather Cox Richardson’s  Letters from an American. That almost-daily letter is particularly valuable for those who are trying to just keep up with the daily outrages and indignities coming from the White House, since she tends to focus on updating readers to the fire hose of improprieties that exhaust so many of us.

The other day provided an example: from continued fallout over Trump’s “suckers and losers” insult to America’s soldiers, to documentation of his continuing buildup and corruption of the Military-Industrial Complex, to not-so-surprising revelations in Michael Cohen’s new book, to the absolutely unprecedented, legally-appalling effort of Bill Barr’s version of a Justice Department to assume Trump’s defense against Jean Carroll’s defamation suit, it was just another day in TrumpLand.

On the off-chance that you missed that last offense, here’s a brief background: Carroll is one of the many women who have accused Trump of sexual assault. She alleged that he raped her some 20 years ago, and when he responded in true Trumpian fashion that he’d never even met her (as usual, there are contemporaneous photographs to the contrary) and she “wasn’t his type,” she sued him for defamation.The courts have thus far refused to dismiss or halt that lawsuit.

Now, lawyers with the Department of Justice (presumably with straight faces) are arguing that Trump was acting in his official capacity as president when he denied knowing her and thus should be defended by the DOJ, which is funded by taxpayer dollars. As Richardson reported,

CNN legal analyst Elie Honig called this “a wild stretch by DOJ…. I can’t remotely conceive how DOJ can argue with a straight face that it is somehow within the official duties of the President to deny a claim that he committed sexual assault years before he took office.” He continued: “This is very much consistent with Barr’s well-established pattern of distorting fact and law to protect Trump and his allies.”

(I am at a loss to understand Barr, who–unlike Trump– is not stupid. My operating theories since he began acting like the President’s consiglieri vacillate between mental illness and blackmail, since he clearly knows that history will not be kind…)

All this is, in a fashion, beside the point. 

Much has been made of Trump’s ability to distract—to point to the “shiny object” (squirrel!!), to create a new outrage in order to distract attention and media from his most recent crimes and misdemeanors. It’s true that the media turns its attention to the most recent example of norm-and-rule breaking, but what makes this constant misbehavior a really effective distraction is simply the “fire hose” rate of discoveries of the administration’s corruption and incompetence.

It becomes impossible to keep up–and it exhausts those of us who continue to try.

The sheer volume of the misbehavior prevents the sort of continued, in-depth reporting of  a single incident of unethical or criminal behavior–the sort of ongoing media attention that would be paid to such incidents occurring in past administrations. Think of the amount and duration of reporting on Clinton’s dalliance with Monica Lewinsky, or the Watergate break-in. Substantial research has shown that it takes numerous repetitions of news items before they “sink in” and become common knowledge.

Historians will undoubtedly have a field day with the literally hundreds of examples of this administration’s criminal, unethical and deeply disturbing behaviors, but the rapidity with which these incidents come to our attention and then vanish means that they barely have time to make an impression on the significant number of citizens who do not follow political issues closely.

There’s an analogy here to that old joke to the effect that, if you have run over someone with your car and maimed them, you’d do well to back up and finish them off.  A few corrupt transactions will attract sustained attention, but the daily trashing of laws and norms will simply wear us out. 

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The Explanation

I  no  longer know where  I found  this quote–I neglected to record its origin. It  may have been from  a private exchange, but if not, and if any of you reading this can point me to the source, I’d appreciate  it.

The thing  is, it really explains a  lot:

I looked at the hundreds of people at Trump’s rally tonight, unmasked and older, and almost all so very white, and saw a group of people so afraid of the future they are willing to say yes, willing to throw in their lot with a malignant narcissist because he tells them they can recover a world in which they felt more relevant, a world they control.

A reactionary group of older white men look at a global future in which questions of clean energy, climate change, economic fairness, and human equality are uppermost, and their reaction is to cling to a world they control.

I’ve recently read several commentaries pooh-poohing what their authors  regard as  “over the top” descriptions  of what’s  at stake on  November 3d. I don’t know what reality those authors inhabit, or what histories have informed their opinions, but I firmly believe that anyone who doesn’t see this election as an existential choice is either willfully blind or disastrously uninformed.

Every single day, credible media report on new actions taken by this administration that intentionally undermine the common good. Environmental protections have been eliminated, public schools undermined, the rule of law decimated. Trump’s tweets and rhetoric continually set Americans against each other. Agencies charged with the health and well-being of the population have been subverted, and people have died  unnecessarily as a  result. A lot of people.

In place of the  accountability and communication Americans have a right to expect, we are   inundated daily with lies, manipulated videos, altered quotations–constant disinformation and propaganda.

If Trump was simply incompetent, that would be troubling but not existential. If  he  was simply corrupt, that would  be concerning, but  also not existential. But he and the supine GOP have gone  much further than mere incompetence and corruption.

Traditional aspirations–think “give me your tired, your poor, your huddled masses” have been turned upside-down in favor of an increasingly explicit white nationalism. In the place of  a platform and policies, Trump and the GOP  that is now his reflection simply promote fear–fear of the “other,”  fear of losing white Christian male dominance, fear of social change. In place of efforts to bring us together, they continue to sow discord and encourage political tribalism. 

In the last  few days, Trump has increased  his encouragement of violence and mayhem,  presumably believing  that increased unrest will cause voters to rally to  his  “law and  order”  candidacy.

What keeps me up at night is the possibility that my life-long belief  in the essential goodness  of most Americans–not all,  but most–has been misplaced. What if there  are many more white guys afraid of a future they have to share with women and dark people than I ever thought?

I follow Nate Silvers’ FiveThirtyEight.com, and have  trouble wrapping my head around the polling that shows a steady 40% approval  of the childish buffoon who has commandeered our government. I look at scholarly research showing that “racial  anxiety”–i.e., racism–is the single most  reliable  predictor of support for Trump and his GOP. I see  comments on Facebook  by presumably reasonable people endorsing  bizarre conspiracy theories and patently obvious untruths.

And I’m terrified. When I wake up on November 4th, I want to breathe a  sigh of relief because the people I believed in have gone to  the polls and put an end to our four-year American nightmare.

What  if I’ve been wrong all these years? What if  it can  happen  here?

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The GOP Platform

As most readers of this blog undoubtedly know, David  Frum was a speechwriter for George W. Bush. These days, he is a “Never Trumper” who contributes to  The Atlantic, and he has weighed in on the GOP’s decision to  forego a platform in 2020.

Frum says  that, despite their reluctance to publish a document outlining  where the party stands, there is, in fact, wide agreement among party members on a number of policies.

The Republican Party of 2020 has lots of ideas. I’m about to list 13 ideas that command almost universal assent within the Trump administration, within the Republican caucuses of the U.S. House and Senate, among governors and state legislators, on Fox News, and among rank-and-file Republicans.

As Frum sees it, the question isn’t why the GOP lacks  policies to put in a platform. The question is, why is the party so reluctant to publish the policies that virtually all today’s  Republicans support?  The answer  to that question becomes pretty obvious  when Frum lists the thirteen areas of substantial Republican agreement.

1. The first–no surprise–is reducing taxes on the rich. (That  seems to be the  sum total  of  Republican economic policy.)

2. Cutting taxes has been Republican policy for many years; Frum’s second “plank,” however, is  new. The GOP overwhelmingly subscribes to the belief that the coronavirus is a “much-overhyped problem” that will soon burn itself out. Since  it’s overhyped and “just  a flu,”states should reopen their economies as rapidly as possible. (The casualties that  ensue are a cost worth paying.) And wearing masks is useless.

3.Speaking of “overhyped”–Republicans overwhelmingly believe that climate change isn’t a real problem. They doubt that it is happening, but even if it  is,  they’re confident  that  it will be countered by the technologies of tomorrow. Meanwhile,” regulations to protect the environment unnecessarily impede economic growth.”

4.. China is our enemy, and our relations with China should be  assessed as “zero  sum.” “When China wins, the U.S. loses, and vice versa.”

5. Speaking of foreign policy, our longstanding alliances are outdated.

The days of NATO and the World Trade Organization are over. The European Union should be treated as a rival, the United Kingdom and Japan should be treated as subordinates, and Canada, Australia, and Mexico should be treated as dependencies.

6. Health care is a consumer good,  and people should make their own best deals. The government shouldn’t be involved in making rules  for the insurance market. People who can  pay more should get more, and people who can’t pay  will just  have  to rely on Medicaid, accept charity, or go without.

7. Voting isn’t a right;  it’s a privilege.

States should have wide latitude to regulate that privilege in such a way as to minimize voting fraud, which is rife among Black Americans and new immigrant communities. The federal role in voting oversight should be limited to preventing Democrats from abusing the U.S. Postal Service to enable fraud by their voters.

8. Racism is no longer a real problem, but “reverse racism” is.

9. The courts should  eliminate the notion that a woman has a constitutional right to sexual privacy, or control over her own body.

10. The post-Watergate ethics reforms were too strict, and conflict-of-interest rules simply keep wealthy, successful businesspeople from entering public service. The Trump administration has met all reasonable ethical standards.

11. Build the wall! If immigrants do  manage to enter the country, delay citizenship  as  long as possible.

12. Aside from a few  “bad apples,”  the policeman is your  friend. Lawlessness is a  result  of  groups  like Black Lives Matter.

13. In the face of the “unfair onslaught” against President Donald Trump by the media and the “deep state,” his “occasional” excesses should be excused as pardonable reactions.

Frum  says that this tacit platform works–to the extent it does– by motivating Trump supporters, exciting  the remaining Republican  base. If it were  to be spelled out,  however, even in an abbreviated form, as I have done above, it would invite backlash among a  majority of Americans.

As Frum  says,  “This is a platform for a party that talks to itself, not to the rest of the country. And for those purposes, the platform will succeed most to the extent that it is communicated only implicitly, to those receptive to its message.”

Unbelievable  as it  is, a substantial minority of  voters find these positions rational,  even inspiring. That minority will work for the  election of candidates  wedded to these positions, and  they will vote. Those of us who see  this  “platform” as appalling absolutely  must  turn out in great numbers. We have to defeat the efforts  to  suppress our votes. We  have  to vote  early,  vote absentee,  or mask up and march to our  polling  places  on election  day–whatever it takes.

Get out the vote has never been more important. America’s  future  depends on turnout.

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Two Americas

Remember John Edwards? When  he ran for President in 2004 (and before  his sleazy personal behaviors caught up with him), he ignited a good deal of support with a speech in which  he described  “two  Americas.”  Edwards blamed George W. Bush and the GOP for two Americas he described thusly: “One America that does the work, another America that reaps the reward. .. . One favored, the other forgotten. … One privileged, the other burdened.”

There  are, of course multiple ways of “slicing and  dicing” an electorate. Edwards’ categories are, unfortunately, still pretty accurate.  But in  the intervening years, we  have seen an even  greater chasm develop. As Charlie Warzel put it in a recent  New  York Times newsletter, we have a meaningful percentage of Americans living in an alternate reality powered by a completely separate universe of news and information.

Because it was a subscribed newsletter, I don’t have a  link, but I’m copying  and pasting a couple of observations that resonated with me,  because they go a long way toward explaining the informational environment inhabited by those of our fellow Americans who continue  to support Donald J. Trump.

He began  by explaining that  there are two types of “reporting” by the rightwing media: outright fabrication, and a more sophisticated  approach that “rearranges shared facts to compose an entirely different narrative.”

There is little consensus on the top story of the day or the major threats facing the country. You will have noticed this if you’ve ever watched a congressional hearing and flipped between CNN or MSNBC and Fox News. The video feed is the same but the interpretation of events is radically different.

As he noted, we got a clear demonstration of the phenomenon at the Republican National Convention.

For three nights, in an shameless display of loyalty to President Trump, the party has conjured up what my colleague Frank Bruni described as an “upside-down vision” of the world. Theirs is a universe in which the coronavirus pandemic is largely in the rear view (on Aug. 25, 1,136 Americans died from the virus) and where, according to Representative Matt Gaetz, radical Democrats threaten to “disarm you, empty the prisons, lock you in your home and invite MS-13 to live next door.” A universe where the existential dangers of climate change pale in comparison to those of cancel culture — even as the West is ravaged by blackouts and wildfires and the Gulf Coast is slammed by adevastating hurricane.

We can each pick our own examples of what has come to be called “gaslighting.” and what  I prefer to call chutzpah.

For example,  when Mike Pence addressed the Convention, he spoke movingly  (ok–Mike  Pence is incapable  of speaking movingly, but that was clearly his  intent) about the death of a federal officer in Oakland.  From his remarks, viewers were led  to believe that he was likely killed by Black Lives Matter protesters. 

“People like Dave Patrick Underwood, an officer in the Department of Homeland Security’s Federal Protective Service who was shot and killed during the riots in Oakland, California…Dave’s heroism is emblematic of the heroes that serve in blue every day,” Pence said.   
 
As multiple media outlets later noted, although what Pence said was true, what he clearly wanted to imply was  not.

Yes, Underwood was killed while defending a federal courthouse in Oakland in May. Yes, he was serving as part of President Trump’s effort to crack down on the protests inspired by the death of George Floyd. What Pence failed to mention, however, was that Underwood was  killed by two men who’ve  been linked to right-wing extremism, not by protesters.

Americans who reside entirely in the  rightwing media bubble–who get all  of their news  from Fox or Sinclair or Breitbart or Rush Limbaugh, who don’t leaven those  outlets with non-propaganda  sources, occupy a very different reality.

It has become increasingly difficult to stay accurately informed, to  determine which media sources are reputable and which are not, to recognize “headlines” that are really click-bait rather than accurate labels of a story, and to identify the sources that  “spin” even factual articles.  

Until we somehow get a handle on the Wild  West that  is  our current information environment, we will continue  to inhabit two dramatically-different Americas. And until that informational chasm is spanned, we will be unable to work together to eliminate the two Americas identified  by John Edwards.

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