The New Partisanship

When emerging information about President Richard Nixon’s misconduct became too plentiful to deny, a group of Republican Senators famously visited him in the White House and told him his time was up. They put the welfare of the country above the consequences for their political party.

To say that times have changed would be the understatement of the year….

I thought about that visit to Nixon when I came across a report that Jamie Raskin had called for a congressional investigation of Jared Kushner. 

Raskin, of course, is a Democrat, and Kushner a Republican, so it is easy to see this as political gamesmanship–but that dismissal would ignore some highly relevant facts: Raskin is a first-class human being and brilliant constitutional lawyer, for one, and his request for an investigation was not only based on considerable evidence of wrongdoing, it served to underline the politics motivating the GOP’s pursuit of charges against Hunter Biden.

Democratic Rep. Jamie Raskin, ranking member of the Committee on Oversight and Accountability, urged the committee’s chairman, James Comer, to “compel Jared Kushner to comply with document requests he has ignored and defied for over a year.” Those requests came in 2022 from the House Committee on Oversight and Reform when Democratic representatives were using the committee to investigate the very real “appearance of a quid pro quo for your foreign policy work during the Trump Administration.” The billions (with a “B”) that Kushner’s investment firm, Affinity Partners, has received from various Gulf monarchies, as well as the $2 billion (with a “B”!) he got from Saudi Arabia is orders of magnitude more than what Comer’s unsubstantiated claims against Hunter Biden are.

Comer immediately dismissed Raskin’s request as an effort to distract from the Committee’s effort to prove that President Biden was involved in his son’s shady business deals–an effort that has so far turned up evidence only that Biden loved his son. For that matter, the Committee hasn’t been able to provide any evidence that Hunter –Biden’s surviving son who seems like a sad and none-too-ethical character–has done anything worse than playing on his family name and failing to pay a couple of years’ taxes.

There is, however, a lot of suggestive evidence of corruption on the part of Jared Kushner. And Kushner–unlike Hunter Biden– was part of what passed for government during the Trump Administration. Indeed, he was a top adviser to the president of the United States (a fact that terrified me at the time, and continues to be difficult to get one’s head around.)

After subpoenas and the full power of his committee, Comer has not been able to produce any evidence that Hunter Biden did anything wrong. In fact, the only evidence Comer has provided seems to prove that then-Vice President Joe Biden, with all of his responsibilities, was trying very hard to be a supportive father to his son.

The linked post points out thatJared Kushner’s top-secret clearance was obtained over the strenuous objections of two White House security specialists who worried about his “dubious connections” with foreign money. Kushner’s current Affinity Partner fund appears to be an entirely Saudi investment fund  with clients who are “99% non-United States persons.’”

If there was any credible evidence to suggest that Hunter Biden–a private citizen– committed crimes and that Joe Biden participated or enabled that activity, Americans absolutely should know about it. Given the time and effort Republicans have put into their search for such evidence, however, it’s pretty clear that there is nothing there.  Raskin’s call for an investigation of Kushner serves to make a point: this Congress is not basing its investigative efforts on legitimate concerns about government corruption. Instead, the Republicans who currently (barely) control the House are engaged in politcal vendettas unrelated to actual misbehavior.

We’ve come a long way from the time a Republican delegation consisting of Barry Goldwater, House Minority Leader John Rhodes and Senate Minority Leader Hugh Scott  told Richard Nixon that he faced impeachment, conviction and removal from office over the Watergate scandal. 

It’s no wonder so many Americans don’t know what–or who– to believe. A significant number of public officials cheerfully substitute propaganda for information and self-serving pronouncements for truthful ones. Today’s GOP is split between the shameless and amoral wanna-be’s who are pandering to the MAGA cult and those who know better, but are too spineless to publicly dissent.

I really don’t care whether Congress investigates the Trump clan, a/k/a the real crime family. I do care–a lot–about the fact that far too many people continue to vote for politicians whose sole fidelity is to their partisan advantage–facts, evidence and truth be damned….

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This!

As regular readers of my daily rants know, I’m not a fan of organized religion–quite the contrary. And I’m definitely not a fan of the faux “Christianity”– more properly identified as Christian Nationalism–that permeates the MAGA movement.

But I am a fan of some actual Christians–especially the members of the clergy desperately working to remind their colleagues and congregants of the basic messages of the Christian faith. I have several personal friends who fall into that category, and I follow a couple of others on social media. One of the latter is John Pavlovitz, and I was so impressed with a recent “sermon” he delivered via the Internet that I’m going to quote rather copiously from it.

The title of the piece was “No, I Won’t Agree To Disagree About You Supporting Trump. You’re Just Wrong.” The ensuing message did two important things: it underlined the ways in which MAGA Republicanism is inconsistent with traditional Christian teaching; and it explained what all those nice people who want to bridge American political disagreements fail to understand–these arguments aren’t political. They are deeply moral–and accordingly, unbridgeable.

As Pavlovitz writes, we can’t simply “agree to disagree” because that would be tantamount to a declaration that “we both have equally valid opinions, that we’re each mutually declaring those opinions not so divergent that they cannot be abided; that our relationship is of greater value than the differences”–and as he says, that really isn’t an accurate description.

We are not simply declaring mismatched preferences regarding something inconsequential. We’re not talking about who has the best offensive line in the NFL, or whether Van Halen was better with Dave or Sammy, or about what craft beer pairs best with a cheesesteak, or about the sonic differences of CDs and vinyl. On such matters (though I will provide spirited debate), I can tolerate dissension.

We’re not even talking about clear misalignments on very important things: how to best address climate change or what will fix our healthcare system or how to reduce our national debt or what it will take to bring racial equity. Those subjects, while critically important, still have room for constructive debate and differing solutions. They are mendable fractures.

But this, this runs far deeper and into the marrow of who we each are.

At this point, with the past few years as a resume, your alignment with the former president means that we are fundamentally disconnected on what is morally acceptable—and I’ve simply seen too much to explain that away or rationalize your intentions or give you the benefit of the doubt any longer.

Pavlovitz understands what allegiance to Trump and MAGA tells us about those loyalists: that they don’t value the lives of people of color or women, that they distrust/dismiss science, and that they are willing to distort and betray the faith they loudly profess.

I now can see how pliable your morality is, the kinds of compromises you’re willing to make, the ever-descending bottom you’re following into, in order to feel victorious in a war you don’t even know why you’re fighting.

That’s why I need you to understand that this isn’t just a schism on one issue or a single piece of legislation, as those things would be manageable. This isn’t a matter of politics or preference. This is a pervasive, sprawling, saturating separation about the way we see the world and what we value and how we want to move through this life.

Agreeing to disagree with you in these matters, would mean silencing myself and more importantly, betraying the people who bear the burdens of your political affiliations— and this is not something I’m willing to do. Our relationship matters greatly to me, but if it has to be the collateral damage of standing with them, I’ll have to see that as acceptable.

Your devaluing of black lives is not an opinion.
Your acceptance of falsehoods is not an opinion.
Your defiance of facts in a pandemic is not an opinion.
Your hostility toward immigrants is not an opinion.
These are fundamental heart issues.

As he concludes:

I believe you’re wrong in ways that are harming people.
You’re wrong to deny the humanity of other human beings.
You’re wrong to justify your affiliation with this violence.
You’re wrong to embrace a movement built on the worst parts of who we are.

Pavlovitz refuses to “agree to disagree” about such profound moral differences.

To which this atheist says: AMEN.

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Take That, Dim Jim Jordan!

If I ever grow up, I want to be Fani Willis. That woman can cast shade!

I just read the 9 page letter she sent to Congressional buffoon Jim Jordan. Jordan had demanded that the hardworking Georgia prosecutor who indicted Trump and others provide him with all documents relating to the case.

Her response was epic. You can read it in its entirety here.

Vanity Fair is just one of the numerous media sources that reported on that response.Here’s the lede:

In a withering letter, the subtext of which was basically “You’re a f–king idiot and I can’t believe I have to take the time out of my day to deal with you,” Fulton County district attorney Fani Willis blasted House Judiciary chair Jim Jordan and his demand that she turn over all documents related to her case against Donald Trump and the 18 other people she indicted last month. If this letter doesn’t cause Jordan such embarrassment or shame that he leaves town immediately never to return, nothing will!

Nothing will. Although Willis’ takedown should humiliate Jordan, his bizarre histrionics suggest he is impervious to shame.

Willis’ letter addresses Jordan’s constitutional ignorance.

Your attempt to invoke congressional authority to intrude upon and interfere with an active criminal case in Georgia is flagrantly at odds with the Constitution … There is absolutely no support for Congress purporting to second guess or somehow supervise an ongoing Georgia criminal investigation and prosecution. That violation of Georgia’s sovereignty is offensive and will not stand.” Apparently operating from the assumption that the House Judiciary chair knows less about how the US government works than a third grader, she added: “As the Supreme Court has explained, ‘the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case.’ Congress, in contrast, is barred by precedent from using investigations for ‘law enforcement purposes.’ You have thus violated the basic constitutional rule that ‘the power to investigate must not be confused with any of the powers of law enforcement; those powers are assigned under our Constitution to the Executive and the Judiciary’.”

For its part, Politico quoted the part of Willis letter responding to Jordan’s contention that, as a candidate for President, Trump deserved different treatment:

An announcement of a candidacy for elected office, whether President of the United States, Congress, or state or local office, is not and cannot be a bar to criminal investigation or prosecution. Any notion to the contrary is offensive to our democracy and to the fundamental principle that all people are equal before the law.

Snarky parts of the letter that I particularly enjoyed:

Your public statements and your letter itself make clear that you lack any legitimate legislative purpose for that inquiry: your job description as a legislator does not include criminal law enforcement, nor does it include supervising a specific criminal trial because you believe that doing so will promote your partisan political objectives….

Chairman Jordan, I tell people often, “deal with reality or reality will deal with you.” It is time that you deal with some basic realities. A Special Purpose Grand Jury made up of everyday citizens investigated for 10 months and made recommendations to me.

A further reality is that a grand jury of completely different Fulton County citizens found probable cause against the defendants named in the indictment for RICO violations and various other felonies. Face this reality, Chairman Jordan: the select group of defendants who you fret over in my jurisdiction are like every other defendant, entitled to no worse or better treatment than any other American citizen.

Here is another reality you must face: Those who wish to avoid felony charges in Fulton County, Georgia — including violations of Georgia RICO law — should not commit felonies in Fulton County, Georgia.

I especially loved this:

Your questioning of the inclusion of overt and predicate acts by the defendants in the indictment’s racketeering count shows a total ignorance of Georgia’s racketeering statute and the basics of criminal conspiracy law. Allow me the opportunity to provide a brief tutorial on criminal conspiracy law, Chairman Jordan.

As I explained to the public when announcing the indictment, the overt and predicate acts are included because the grand jury found probable cause that those acts were committed to advance the objectives of a criminal conspiracy to overturn the result of Georgia’s 2020 Presidential Election.

For a more thorough understanding of Georgia’s RICO statute, its application and similar laws in other states, I encourage you to read “RICO State-by-State.” As a non-member of the bar, you can purchase a copy for two hundred forty-nine dollars [$249].

If we had more public officials with Fani Willis’ smarts and spine, MAGA blowhards like Jordan wouldn’t be embarrassing Congress–and America.

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Don’t Help Those People!!

When do efforts to ameliorate past disadvantage turn into unconstitutional discrimination?

It’s a fair enough question; if demographic change gives people of color the power to make the nation’s laws, and they use that power to privilege themselves and disadvantage Whites, that would clearly be wrong. While accusations of “reverse discrimination” tend to be prompted more by racism than actual unfairness, there have been some cases where courts have found such reverse discrimination. 

But let’s get real! Efforts to help people overcome longstanding structural disadvantage aren’t plots against Whites. The current attacks on “woke” corporate efforts to ensure fairness are more often than not barely-veiled efforts to maintain previous, racist barriers.

I was particularly struck by a recent report in the Washington Post.

The article began by recounting an entrepreneurial  bright idea. Patterning her project after those ubiquitous food trucks, a young Black woman in Atlanta bought an old school bus, painted it white, tore out the floor and seats, and added manicure stations. The effort took off, and she was booking weddings and parties.

Looking to scale up, she approached a grant program for Black, female entrepreneurs run by Fearless Fund, an Atlanta-based venture capital firm.

The firm had planned to name the latest round of grant winners before Labor Day. But Fearless Fund has agreed to delay the awards as it finds itself ensnared in the nation’s rapidly expanding legal brawl over affirmative action.

Edward Blum, whose lawsuit prompted the U.S. Supreme Court to strike down the use of racial preferences in college admissions, targeted the Fearless Fund in early August, claiming it engaged in “explicit racial exclusion” by operating a grant program “open only to Black females.” The lawsuit — which asked the court to prevent the fund from selecting its next round of grant winners — is one of the most prominent in a flurry of recent lawsuits and legal claims by conservative activists aimed at applying the Supreme Court’s insistence on race-blind college admissions practices to the corporate sphere of hiring, contracting and investment.

Blum has also sued two law firms over their operation of fellowship programs aimed at students of color, LGBTQ+ students, and students with disabilities, alleging that the exclusion of applicants who don’t fall into those categories is discriminatory, and demanding that the programs be shut down.

It will not surprise you to learn that a Google search to find cases in which Blum challenged programs that preferred White folks was unsuccessful….

Fearless Fund is one of several entities trying to help minority entrepreneurs who have encountered race-based barriers to capital:

Fearless Fund is one of dozens of firms geared toward combating the well-documented racial imbalance in U.S. venture capital: Last year, 1.1 percent of the $214 billion in venture capital funding allocated went to companies with Black founders, according to data from Crunchbase. In 2019, research from Stanford University concluded that founders of color face more bias from professional investors the better they perform.

The women who established Fearless Fund had been personally affected by the wildly disproportionate funding available to Black and White enterprises, and wanted to help other Black women facing the barriers that they’d struggled to overcome. They’ve lined up a heavyweight defense team, including the NAACP Legal Defense Fund, Gibson, Dunn & Crutcher and Ben Crump.

The lawsuit against the Fearless Fund, Crump told The Post, “is an attack by the enemies of equality, to say ‘You will never be equal.’”…

The lawsuit claims that the venture capital firm’s practice of awarding $20,000 grants, business support services and mentorship to Black women-owned businesses violates a section of the Civil Rights Act of 1866 that guarantees “race neutrality” in contracts. That legislation, which was passed after the Civil War to protect the rights of people freed from enslavement, is also being used in similar lawsuits — along with the Civil Rights Act of 1964 — to claim that companies’ attempts to eradicate racial inequality qualify as discrimination.

Unsurprisingly, Blum and his fellow champions of racial neutrality were nowhere to be found–in the courts or in the court of public opinion–when corporate practices blatantly favored Whites, making their current pious pronouncements about favoritism and discrimination ring especially hollow.

Federal laws that were intended to ensure equal opportunity and rights for people of color “are now being used as a weapon to deny them rights,” said Kenneth Davis, professor of law and ethics at Fordham University. “It’s the height of irony.”

That irony is proliferating. In the wake of the Supreme Court decision striking down college affirmative action programs, a federal judge has ruled that an SBA program for historically-disadvantaged groups is unconstitutional.

Maybe next they can attack scholarships for poor students on the grounds that they discriminate against the rich….

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I Was So Wrong…

As I cleanse my email feed every morning , deleting multiple frantic requests for just $2/$5/$20 or whatever, I’m reminded about my original, oh-so-naive belief that small-dollar fundraising would improve governance by removing the influence of big-dollar donors…

Silly me.

I was thrilled when Howard Dean first demonstrated that the internet could be employed to encourage small donations.  When Obama raised enormous sums in small increments, I  thought the days of depending on political fat cats was over–and since no candidate could be “bought” for these small contributions, I counted this as a win for democracy.

Let’s just say it turned out to be a lot more complicated than that.

Small dollar fundraising did indeed reduce political reliance on the “usual suspects”–the big money donors. Unfortunately, however, this approach to fundraising produces different–but equally troubling– negative consequences, and those negatives go far beyond the annoying assaults on our inboxes.

In a recent column for the New York Times, Thomas Edsall consulted the research–and reported on the gloomy conclusions that the research supports.

Increasing the share of campaign pledges from modest donors has long been a goal of campaign-finance reformers, but it turns out that small donors hold far more ideologically extreme views than those of the average voter.

In their 2022 paper, “Small Campaign Donors,” four economists — Laurent Bouton, Julia Cagé, Edgard Dewitte and Vincent Pons — document the striking increase in low-dollar ($200 or less) campaign contributions in recent years. (Very recently, in part because Donald Trump is no longer in the White House and in part because Joe Biden has not been able to raise voter enthusiasm, low-dollar contributions have declined, although they remain a crucial source of cash for candidates.)

Bouton and his colleagues found that the total number of individual donations grew from 5.2 million in 2006 to 195.0 million in 2020. Over the same period, the average size of contributions fell from $292.10 to $59.70.

Edsall also quoted a 2019 article, “Small-Donor-Based Campaign-Finance Reform and Political Polarization.” That article warned about the consequences of increasing dependence on small donations, due to the fact that low-dollar donors tend to be “considerably more ideologically extreme than the average American.”

This is one of the most robust empirical findings in the campaign-finance literature, though it is not widely known. The ideological profile for individual donors is bimodal, with most donors clumped at the “very liberal” or “very conservative” poles and many fewer donors in the center, while the ideological profile of other Americans is not bimodal and features strong centrist representation.

It turns out that rising dependency on small-dollar donors has been one of the major reasons we’ve seen a decline in the strength of political parties–and the inability of party leaders, especially but not exclusively in the GOP, to control their respective crazies.

Political parties have been steadily losing the power to shape the election process to super PACs, independent expenditure organizations and individual donors. This shift has proved, in turn, to be a major factor in driving polarization, as the newly ascendant sources of campaign contributions push politicians to extremes on the left and on the right.

Edsall writes that Citizens United “was a crucial factor in shaping the ideological commitments of elected officials and their challengers.” It ushered in our era of independent expenditures and of dark money, leaching power that used to be exercised by the political parties.

The small donors who contribute to Trump are also those who fund the looney-tunes.

Edsall reports that Marjorie Taylor Greene raised $12,546,634, with 68.32 percent coming from small donors; Matt Gaetz raised $6,384,832, of which 62.24 percent came from small donors; and Jim Jordan raised $13,975,653, of which 58.05 percent came from small donors. On the Democratic side, Bernie Sanders and AOC appealed most to small donors (although I would note that Sanders and AOC are both sane and hard-working legislators–something that  certainly can’t be said about Greene, Gaetz and Jordan.)

Donations of $200 or less made up 69 percent of the individual contributions to Trump’s campaign.

And speaking of Citizens United, in its wake, spending by ideological and single-issue independent expenditure organizations grew from $21.8 million in 2006 to $66 million in 2016. During that same time-period, spending by political parties fell from 24 percent of the total to 16.2 percent, and the influence of dark money grew significantly.

There’s much more in Edsall’s column, and it is definitely worth reading in its entirety. The bottom line is that we now have a system that incentivizes extremism. Social media and the Internet enable lunatics to self-finance; they don’t worry that Fortune 500 companies will stop giving them money, because 30 percent of the population wants insanity and is willing to fund the politicians who give it to them.

I have no clue what we do about this, but a more politically savvy Supreme Court would help….

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