Tag Archives: Trump

Goodby To The Rule Of Law

It’s all quid pro quo, sleazy self-interest and graft in Trump’s swamp. The daily revelations–we’ve just learned that Commerce Secretary Wilbur Ross has been in business with Putin’s son-in-law, a connection that he somehow failed to disclose during his confirmation hearings—– tend to obscure the more pedestrian varieties of corruption and self-dealing that continue unabated while we are distracted by the Russian investigation and tweets from our embarrassing ignoramus-in-chief.

Case in point: Talking Points Memo had a recent article about AT&T’s planned acquisition of Time Warner for Eighty-six billion dollars. The deal is awaiting regulatory approval.

AT&T needs the Justice Department’s approval for that deal. Normally, that decision would be housed off at the Antitrust Division at the Justice Department. But no one thinks that’s how it works in the Trump Administration. AT&T needs Donald Trump’s sign off, possibly mediated through the hand of Jeff Sessions but maybe not. Indeed, there has already been quite a bit of concern on Capitol Hill that Trump would try to hold up the AT&T deal as a way to exert pressure on Time Warner.

Time Warner owns CNN, and we all know how fond President Belligerent is of “fake news” CNN. According to various sources, the White House has already put out word that it wants to condition approval of the merger proposal on AT&T’s willingness to pressure CNN to “improve” its coverage of the President.

When CNN broke the news about the imminence of a Mueller indictment, Roger Stone–a close friend of Donald Trump’s– went on a Twitter tirade so obscene that it got his Twitter account suspended. One Tweet was both specific and damning.

When AT&T aquires Time Warner the house cleaning at CNN of human excrement like @donlemon @jaketapper & dumbfuck @ananavarro will be swift

As Josh Marshall’s TPM article noted,

Obviously, Roger Stone can rant and wish all he wants. He was in a splutter and a rage. How can he know what AT&T is going to do? But let’s go back to one more thing we know. Roger Stone still regularly talks to President Trump. Is that what President Trump told Stone? That AT&T promised they’ll ‘clean house’ at CNN?

At this point, the quid pro quo is still hypothetical. But given what we know of Trump, his family, his business partners and professional associates (Paul Manafort, et al), the people he has chosen for his cabinet–it is all too plausible.

This is the way business is conducted in banana republics and corrupt, authoritarian regimes.

The essential element of the rule of law is that the same rules apply to everyone– governors and governed alike– that no one is above the law. Even under the most favorable analysis of Donald Trump’s business dealings, it would be hard to miss his disdain for the rules, his contempt for the legal system, and his conviction that neither applies to him.

Misuse of the power of the state–abuse of governmental authority–is an impeachable offense. One of the charges against Nixon involved his (mis)use of the IRS to punish personal enemies. If Trump does indeed allow the AT&T merger in return for a promise to eviscerate CNN’s independent coverage of the Administration, it would be a “high crime” for which impeachment is appropriate.

The difference, of course, is that for the Republicans who censured Nixon,  duty to country outweighed partisanship. The only thing today’s GOP has in common with that era’s Republican Party is the name.

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“A Path I’m Not Willing To Take”

By this time, any American even minimally interested in politics is aware of the speech made a week or so ago by Senator Jeff Flake. Flake took to the Senate floor to announce that he would not be running for re-election, because in the party of Trump, such a campaign would require him to go down “a path I’m not willing to take.”

Vox reported on the speech and its reception.

“Reckless, outrageous, and undignified behavior has become excused as telling it like it is when it is actually just reckless, outrageous, and undignified,” he said, referencing President Trump. “And when such behavior emanates from the top of our government, it is something else. It is dangerous to a democracy.”

Flake’s remarks were met with a standing ovation from those in the room, including Sens. John McCain (R-AZ) and Bob Corker (R-TN), who have both made their fair share of biting comments about the president.

The Huffington Post was among the numerous outlets reporting on Flake’s denunciation of “Trumpism.”

“It is time for our complicity and our accommodation of the unacceptable to end,” he said.

In a stunning takedown of President Donald Trump, Flake pleaded with his colleagues to “respect each other again in an atmosphere of shared facts and shared values” and called the president’s behavior “outrageous” and “dangerous to democracy.”

“I will not be complicit or silent,” Flake said. “When the next generation asks us, ‘Why didn’t you do something? Why didn’t you speak up?’ What are we going to say?”

It was a great speech. But–as many others have pointed out–it wasn’t accompanied by meaningful action. Flake has obediently voted for virtually all of the measures supported by Trump and Ryan, and worse still, he isn’t going to stay and fight.

The other two Republican Senators who have spoken out–Bob Corker and John McCain–are also leaving the Senate. It raises the question why Republicans who plan to run for re-election (many of whom we know to be equally appalled by Trump) aren’t speaking publicly.

I think we know the answer to that question. It’s what is known as a lack of cojones–not to mention integrity– when contemplating the current GOP “base.” The number of Americans who identify as Republicans keeps shrinking, but those who remain include most of the voters who still support Trump. The radicalization of the party’s base has gone so far, it has eclipsed even Senators whose own opinions lie on the far edge of sanity.

A superficially unrelated article, also from Vox, provides a window into the “thought process” (a generous description) of that base.

“We’ve had this view that the voters were with us on conservatism — philosophical, economic conservatism,” said conservative intellectual Avik Roy in an interview with Zack Beauchamp. “In reality, the gravitational center of the Republican Party is white nationalism.”

The article looked at a phenomenon called “rolling coal.” The New York Times reported  on it in 2016; it’s the name given to the practice of modifying a truck’s diesel engine “so that it spews thick, toxic black smoke in order to … well, to be obnoxious.”

Entire dissertations could be written about rolling coal. Even more than Trump’s ascension, it seems to perfectly capture a moment in time, an inarticulate yawp of protest from angry white men. They feel disdained and overlooked and they will blow thick black smoke in your face until you pay attention….

What FOX and talk radio have been teaching the right for decades is that native-born, working- and middle-class whites are locked in a zero-sum struggle with rising Others — minorities, immigrants, gays, coastal elitists, hippie environmentalists, etc. — and that the major institutions of the country have been coopted and are working on behalf of the Others.

There’s much more in the article, and I encourage you to click through and read it, but its relevance to the silence of so many GOP elected officials is in its description of the hostility of a significant percentage of today’s Republican base. These are voters who don’t care about policy, or civility, or traditional Republican positions. They can’t define conservatism.  They just want to stick it to those “others.” In the immortal words from Network, they’re mad as hell and aren’t going to take it anymore.

And they frighten–and cow– Senators and Representatives for whom job security is more important than the country, the public good or self-respect.

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Under The Radar

The Trump administration’s daily assaults to American laws and norms have produced a sort of outrage fatigue in many of us. That can be dangerous.

As we hold our collective breath and cross our fingers–hoping that Muller’s investigation will provide enough evidence of criminality and/or treason to make impeachment imperative, or for the Democrats to regain control of Congress in 2018, or (even less likely) for Republicans in the Senate to put the national interest above partisanship– we have difficulty keeping up with the multiple ways this administration is undermining the rule of law and weakening democratic norms.

The Resistance needs a strategy that distinguishes between horrific decisions that can be reversed if and when sanity returns to the Oval Office (or Republicans in Congress grow a pair), and those that will have profound and long-lasting negative effects on our constitutional system. We can afford to bide our time on the first category–although a lot of people will be hurt in the meantime –but we have to be absolutely ferocious in resisting measures that will damage the country in the longer term.

The media has highlighted Trump’s failure to fill hundreds of second-and-third level positions in his administration. That failure is further evidence of the ineptitude of the current White House, but it is also a blessing in disguise. (Case in point: the current nominee for Chief Scientist at the Department of Agriculture is not a scientist; he’s a right-wing talk show host. Better vacancies than filling an administration with such people. ).  An administration that cannot function properly cannot do as much damage as one that efficiently pursues counterproductive policies.

At the same time, the media has been insufficiently alert to Trump’s alacrity in filling judicial vacancies. A recent report from Huffington Post began:

Thursday was a good day for Amy Coney Barrett. A Senate committee voted to advance her nomination to be a federal judge.

It wasn’t a pretty vote. Every Democrat on the Judiciary Committee opposed her nomination. They scrutinized her past writings on abortion, which include her questioning the precedent of Roe v. Wade and condemning the birth control benefit under the Affordable Care Act as “a grave infringement on religious liberty.” One Democrat, Al Franken (Minn.), called her out for taking a speaking fee from the Alliance Defending Freedom, a nonprofit that’s defended forced sterilization for transgender people and has been dubbed a hate group by the Southern Poverty Law Center.

But Republicans don’t need Democrats’ votes, and now Barrett, a 45-year-old law professor at the University of Notre Dame, is all but certain to be confirmed to a lifetime post on the U.S. Court of Appeals for the 7th Circuit — a court one level below the Supreme Court.

Barrett isn’t the only Trump nominee who is likely to upend settled Constitutional principles.

Consider John Bush. The Senate confirmed him in July, on a party-line vote, to a lifetime post on the U.S. Court of Appeals for the 6th Circuit. Bush, 52, has compared abortion to slavery and referred to them as “the two greatest tragedies in our country.” He has also said he strongly disagrees with same-sex marriage, mocked climate change and proclaimed “the witch is dead” when he thought the Affordable Care Act might not be enacted.

The Senate also confirmed Kevin Newsom, 44, to the U.S. Court of Appeals for the 11th Circuit in August. He wrote a 2000 law review article equating the rationale of Roe v. Wade to Dred Scott v. Sandford, the 1857 decision upholding slavery. He also argued in a 2005 article for the Federalist Society, a right-wing legal organization, that Title IX does not protect people who face retaliation for reporting gender discrimination. The Supreme Court later rejected that position.

Ralph Erickson, 58, was confirmed to the U.S. Court of Appeals for the 8th Circuit in September. As a district judge in 2016, he was one of two judges in the country who ordered the federal government not to enforce health care nondiscrimination protections for transgender people.

Judicial nominees yet to be confirmed have supported discrimination against LGBTQ people, the “personhood” of fetuses, and a state’s right to criminalize “consensual sodomy.”

If Trump has been dilatory in filling administrative posts, he’s been an Energizer Bunny when it comes to the courts.  He has already nominated 17 circuit court judges and 39 district court judges, far more than his predecessors.

He’s also got more court seats to fill, having inherited 108 court vacancies ― double the number of vacancies Obama inherited when he took office. (That’s largely thanks to Republicans’ despicable years-long strategy of denying votes to Obama’s court picks to keep those seats empty for a future GOP president to fill–a strategy that prioritized partisan advantage over justice by overburdening federal courts and causing lengthy delays for litigants.)

Federal judges have lifetime appointments. Usually, the country benefits from the fact that these jurists are insulated against the threat of arbitrary dismissal; federal courts are currently demonstrating the great value of an independent judiciary as checks on Trump’s most autocratic tendencies.

If the administration is able to fill the federal bench with Roy Moore clones, however, we can say goodby to checks and balances and the rule of law as we have understood it.

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Another Last Straw

Every morning since January 20th, Americans have awakened with foreboding: what new attack on reason and sanity has our tweeter-in-chief launched today? And what excuses for inexcusable behavior will spineless GOP Senators and Representatives offer this time?

Optimists wil predict that this (insert latest outrage) will be the final straw. Realists respond that, given the invertebrates in Congress and the ship  of fools that is the cabinet, it won’t be.

Yesterday, we woke to discover that Trump unilaterally and abruptly ended the Obamacare subsidies that make health insurance affordable for millions of Americans. Every single health-care organization in America opposed this action, but if there’s one thing we’ve learned about Donald Trump, it’s that he’s a know-nothing unwilling to listen to people who actually know something.

Congress failed to “repeal and replace” the ACA, so Trump has evidently decided to simply destroy it. The fact that many people will die is obviously of no importance to Mr. Me Me Me. In his zeal to destroy the ACA (and all vestiges of Obama’s legacy), he had already cut the enrollment period for 2018 in half, cut 90% out of the advertising budget and eviscerated the so-called “navigator program” that helps people through the ACA enrollment process.

At the Washington Post, Catherine Rampell warns that Trump’s sabotage is likely to destroy the system.

President Trump has made a lot of promises on health care.

Somehow, though, I don’t remember him promising stadiums of cheering fans that he’d take away protections for preexisting conditions, increase deductibles, spike premiums, eliminate basic coverage requirements and, more generally, destabilize the individual health-insurance market.

After explaining what yesterday’s Executive Order will and will not do, Rampell concludes that this impulsive and destructive act was “pretty much on brand for this nihilistic president: When you can’t come up with a new system that works, just blow up the old one.”

One of the most maddening aspects of Trump’s Order is that withdrawing the subsidies will actually cost the federal government money. A lot of money. The Kaiser Family Foundation has estimated that “savings” of 10 billion dollars would be offset by a rise in premium tax credits to 12.3 billion. In other words, the federal government will be paying  2.3 billion dollars more by making health insurance unaffordable once again for untold numbers of Americans.

The CBO projects that cutting off the subsidies will cause premiums to rise 20 percent by 2018 and 25 percent by 2020, and will increase the budget deficit by nearly $200 billion by 2026.

It’s really expensive to screw over the American public, but don’t expect the man with the tacky gold toilet to worry about budgets.

A number of people have compared Donald Trump to Richard Nixon. Admittedly, there are parallels:  Nixon was also mentally ill, also a bigot, and also willing to sacrifice American lives for political advantage.  However, despite his paranoia and some truly unforgivable–even treasonous– decisions, Nixon was intelligent and informed. He knew how government worked and what it was for, and he made some good decisions, including creation of the EPA and opening relations with China.

Trump is profoundly ignorant of government and policy, is clearly uninterested in learning, and is the loosest of loose canons. In ten short months, the man Rex Tillerson has (accurately) described as a “fucking moron” has made America an international laughing-stock, and his irrational behaviors toward North Korea and Iran have brought us dangerously close to nuclear war.

With Trump, I worry that the final straw will be a mushroom cloud.

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Trashing The Country

I see that Scott Pruitt intends to roll back the Clean Power Plan put in place during the Obama administration.  Pruitt’s devotion to fossil fuel interests and his determination to eviscerate the agency he heads is, if anything, stronger than ever. To hell with clean air and water, or for that matter, the future of the planet.

The Guardian recently looked at another of the Obama-era regulations that Trump and Pruitt reversed.

A ban on bottled water in 23 national parks prevented up to 2m plastic bottles from being used and discarded every year, a US national park service study found. That is equivalent to up to 326 barrels of oil worth of emissions, 419 cubic yards of landfill space and 111,743lb of plastic, according to the May study.

Despite that, the Trump administration reversed the bottled water ban just three months later, a decision that horrified conservationists and pleased the bottled water industry.

Donald Trump’s primary policy motivation has been clear from the moment he assumed office: the erasure of Barack Obama’s legacy, no matter what the policy, no matter how good for America, no matter how good endorsing it would be politically for Trump himself. If Obama did it, Trump is determined to undo it.

For whatever reason–Obama’s skin color (Trump’s racism is no longer in question), his devastating take-down of Trump at that correspondent’s dinner, or some other motivation lurking in Trump’s clearly disordered mind–the only consistent thread in the disaster that is this administration is the determined and vicious assault on Obama’s legacy.

Did Obama want clean water and breathable air? Then those things aren’t important. Did he want to protect our national parks from pollution and despoiling? “Freedom” means letting plastic bottles proliferate!

The plan to curb pollution in America’s most famous wilderness areas was spurred when arguably its most famous park, the Grand Canyon, banned the sale of plastic water bottles in its gift shops, according to the report. Approximately 331 million people visit US national parks each year.

The program was meant to support a “life cycle” approach to plastic, which activists say is the largest global threat to the environment behind climate change. One million plastic bottles are sold per minute, according to a Guardian analysis. The top six drink companies in the world use an average of just 6.6% recycled plastic.

At the same time, new research has shown that plastics which find their way into the sea have entered the food supply. Scientists have found plastic particles in sea salt, honey, fish, beer and tap water.

When the parks began banning bottled drinking water in 2011, they installed hydration stations with free water. But that didn’t stop the bottled water industry from accusing the government of “infringing the freedom of families to decide for themselves how to hydrate.”

Think I’m kidding?

“It should be up to our visitors to decide how best to keep themselves and their families hydrated during a visit to a national park, particularly during hot summer visitation periods,” said the acting service director, Michael Reynolds.

You can’t make this shit up.
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