Win or lose, Kamala Harris has been a magnificent candidate

Kamala Harris. Photo (cc) 2019 by Gage Skidmore.

No matter how this apocalyptic election turns out, I think it’s important for all of us to recognize that Kamala Harris has been a magnificent candidate who ran a great campaign. If Donald Trump somehow manages to pull out a victory, that won’t be on Harris; rather, it will be on voters who’ve decided they’d like to give authoritarianism a try, decency and the rule of law be damned.

I hope that by tonight, or at least within a day or two, we can call her Madam President-elect. If that doesn’t happen, I fear for the future of our country. But we’ll also know that Harris did everything she possibly could. We owe her a debt of gratitude.

And if you haven’t voted yet, get out there.

Vance was styling and lying while Walz stumbled. But it all came apart for JD in the closing moments.

There was a key moment in last night’s vice presidential debate between Democratic candidate Tim Walz and Republican JD Vance, and I’ll get to it. But first I want to deal with the fact-checking, since that was the biggest issue going in.

Before the debate, word was that the CBS News moderators, Norah O’Donnell and Margaret Brennan, would not attempt to fact-check the candidates in real time, as David Muir and Linsey Davis did in last month’s encounter between Kamala Harris and Donald Trump — much to Trump’s detriment. Instead, television viewers who watched the debate on CBS would see a QR code on the screen that would take them to a fact-checking site where some 20 journalists were beavering away. Continue reading “Vance was styling and lying while Walz stumbled. But it all came apart for JD in the closing moments.”

Biden calls out Trump’s Nazi rhetoric — but the media can’t get past ‘both sides’

Photo (cc) 2021 by Alex Kent/Tennessee Lookout

President Biden delivered an excellent speech Friday on the threat to democracy posed by Donald Trump and his supporters. He even used the N-word (Nazi) to describe Trump’s rhetoric in referring to his opponents as “vermin” and to refer to immigrants as “destroying the blood of our country.” If you missed Biden’s address, Heather Cox Richardson has a detailed overview.

But will it matter? Of course not. One of Trump’s go-to tactics when confronted with harsh truths is to childishly assert, “I know you are, but what am I?” So of course Trump’s response to Biden’s Valley Forge event was to hold a rally and accuse Biden of “fearmongering.” It worked because the first rule of media is to cover both sides. The tease on The New York Times’ homepage right now says:

Clashing Over Jan. 6, Trump and Biden Show Reality Is at Stake in 2024

Former President Trump and President Biden are framing the election as a battle for democracy — with Mr. Trump casting Mr. Biden as the true menace.

The actual headline is a little better, adding “brazenly” to Trump’s claim. And the story is better still, calling Trump “the only president to try to overthrow an American election” and adding: “Mr. Trump’s strategy aims to upend a world in which he has publicly called for suspending the Constitution, vowed to turn political opponents into legal targets and suggested that the nation’s top military general should be executed.” Good and true stuff. But wow, that tease.

Today, as we all know, is the third anniversary of the failed insurrection that Trump fomented. I may have written this before, but I remember returning to our car after a long hike in the Middlesex Fells and turning on public radio. The station was carrying the feed from the “PBS NewsHour,” and the first thing I heard was Judy Woodruff freaking out. What had happened? Were the Republicans pulling some sort of ridiculous stunt?

I soon learned the truth. As Biden reminded us Friday, a Trumpist mob, carrying Trump and Confederate flags, had invaded the Capitol. Gallows had been constructed to hang Mike Pence. (Mere symbolism? I don’t think so. What do you suppose would have happened if they’d actually got hold of him?) Angry Trumpers roamed the corridors, looking for Nancy Pelosi. Again, what do you suppose would have happened if they’d found her? Police officers were injured, and some died in the aftermath.

Now we’re waiting for the U.S. Supreme Court to decide whether Colorado, Maine and possibly other states can keep Trump off the ballot under the 14th Amendment, which bars officials who “engaged in insurrection” from serving. As I wrote earlier this week, this is where the question belongs. But I don’t trust the court, dominated as it is by two justices who occupy what are essentially stolen seats (Neil Gorsuch and Amy Coney Barrett) and a third (Clarence Thomas) who is so corrupt that he ought to be off the bench and consulting with his lawyers.

But it’s all we’ve got. “Democracy is still a sacred cause,” Biden told his audience in Valley Forge. I wish I shared his optimism that we are capable of preserving it.

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Candidates gang up on Ramaswamy because they just can’t stand his smug arrogance

Vivek Ramaswamy. Photo (cc) 2022 by Gage Skidmore.

Entertainment was hard to come by at Wednesday night’s Republican presidential debate. But to the extent that there was anything to savor, it came in the form of the attacks on Vivek Ramaswamy at the hands of Mike Pence, Nikki Haley and Chris Christie. What they needed to accomplish was to bury what was left of Ron DeSantis. Instead, they were so enraged by Ramaswamy that they focused their fire on him.

Ramaswamy was glib, smug, rude and arrogant. He also mouthed far-right talking points in a way that would do Donald Trump proud, coming out foursquare for everything bad, from coal to Russia. Although all eight candidates tried to duck a question about climate change (Haley was a wishy-washy exception), only Ramaswamy declared it to be a “hoax.” He alone would cut off U.S. aid to Ukraine, though DeSantis was heading in that direction.

Did Ramaswamy help or hurt himself? Who knows? I thought New York Times columnist David French put it well: “Everything I dislike about him, MAGA loves, and he looked more like Trump’s heir than DeSantis did.” Josh Marshall of Talking Points Memo called Ramaswamy a “cocky little shit,” which wasn’t quite accurate: he’s actually pretty tall.

In case Ramaswamy is new to you, you might want to check out this profile in The New Yorker, written by Sheelah Kolhatkar. Ramaswamy, who made his fortune in biotech, has moved to the extreme right in recent years, something that hasn’t exactly endeared him to those who were once close to him. Kolhatkar writes:

I asked Ramaswamy if his burgeoning reputation as a conservative firebrand had taken a personal toll. He chose his words carefully. A family member no longer spoke to him, and he’d been ghosted by a close friend. Although he’d forged new relationships with conservatives, none of the connections had turned into friendships. “I feel like the public advocacy, or whatever you call what I’ve been doing in the last couple of years, has eroded more friendships than new friendships made up for it,” he said.

Being shunned because of your principles is one thing. Being shunned because of ambition is something else.

So who won? I thought the big winner was President Biden. Trump, too, I imagine, since he continues to dominate the Republican field and did not take part in Wednesday’s free-for-all. Other than that, I’d say Pence was the winner, sort of; he managed to get credit for standing up to Trump on Jan. 6 without being booed too loudly, as Chris Christie was, and he came across as a normal candidate — that is, if your idea of normal is an extremist who wants a nationwide ban on abortion. Another Times columnist, Ross Douthat, said of Pence’s performance: “Moral clarity, debating chops, a message frozen in amber in 1985 and a visceral hatred for Vivek Ramaswamy: It won’t get him the nomination but it made for some of the better theater of the night.” James Pindell of The Boston Globe gave Pence an A-plus.

A lot of people thought Haley did well, too. She projected as independent and even somewhat moderate, criticizing Trump for running up the debt. You’d think might hurt her chances of being chosen as Trump’s running mate, but she’s proven over and over that she’ll be whatever she thinks she needs to be.

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The Trump indictment shows once again why we owe Mike Pence a debt of gratitude

Mike Pence. Photo (cc) 2016 by Gage Skidmore.

There is no shortage of commentary about the indictment of Donald Trump on charges that he tried to overturn the 2020 election. So I want to spend a few moments taking a look at Mike Pence. In reading the 45-page indictment last night I was struck, once again, at how decently and courageously Pence acted when faced with the greatest challenge of his public life.

I can’t understand why liberals and conservatives are so reluctant to give him any credit, blowing past his actions on Jan. 6, 2021, and focusing instead on his previous eight four* years as an obsequious Trump toady and his status as a theocratic right-wing extremist. That’s fine. He deserves that criticism. But before and during the insurrection, Pence acted with moral courage, telling Trump repeatedly that he would follow the Constitution by certifying Joe Biden’s victory, and with physical courage, refusing to flinch after Trump whipped up an enraged mob that surely would have killed him if given the opportunity.

“You’re too honest,” Trump reportedly told Pence on Jan. 1 after learning that Pence would not reject or return to the states electoral votes that had been properly cast.

If you’re not inclined to give Pence his due, think about what would have happened if he’d gone along with Trump’s corrupt scheming and Trump had attempted to remain in office. As one administration official is quoted as saying, there would be “riots in every major city in the United States.” To which Co-Conspirator 4 (identified as Justice Department official Jeffrey Clark) is said to have replied, “Well, that’s why there’s an Insurrection Act.” And there you have it: Troops in the streets, gunning down members of the public in order to keep Trump in office.

We all owe Mike Pence a debt of gratitude.

• We are already hearing a lot of misguided commentary that special counsel Jack Smith will need to prove that Trump knew he was lying about the outcome of the election in order to show that Trump committed the crimes with which he has been charged. For instance, David French of The New York Times, an anti-Trump conservative and lawyer whose analysis I have come to rely on, nevertheless gets it wrong when he writes:

There’s little doubt that Trump conspired to interfere with or obstruct the transfer of power after the 2020 election. But to prevail in the case, the government has to prove that he possessed an intent to defraud or to make false statements. In other words, if you were to urge a government official to overturn election results based on a good faith belief that serious fraud had altered the results, you would not be violating the law. Instead, you’d be exercising your First Amendment rights.

I don’t think that’s right. Regardless of whether Trump believed he’d been a victim of voter fraud, it’s indisputable that he knew Biden had been declared the winner. Trump’s beliefs did not give him the right to put together slates of fake electors, which the indictment devastatingly describes as morphing from a semi-legitimate contingency plan into a flat-out attempt to dislodge the real electors. And it surely did not give him the right to foment a violent insurrection.

In any case, the indictment is full of evidence that Trump was told over and over, by his own officials, that he had lost the election, and that he continued to lie about it publicly. Even if French is right, I don’t think Trump’s state of mind should pose much of an obstacle.

• Did Rudy Giuliani, a.k.a. Co-Conspirator 1, sing like a canary or what?

• We need to understand what we’re living through. The president of the United States staged a violent insurrection with the aim of staging a coup in order to remain in office, and, if the polls are to be believed, about 43% of voters would still like to return him to that office. Tuesday was an important day for accountability, but this country remains on the brink of falling into right-wing authoritarianism. None of us know whether we’re going to get through this or not. God help us all.

*Correction: It only felt like eight.

Some smart analysis by a conservative lawyer-pundit on what’s next for Trump

Photo (cc) 2016 by Gage Skidmore

After months — years? — of anticipation, Donald Trump has reportedly been indicted (free link) by the Manhattan district attorney’s office on criminal charges that he paid off a porn star he’d had sex with in order to buy her silence ahead of the 2016 election. Hey, it could happen to anyone, right?

I don’t really have anything to add to the mountains of commentary that’s going to come our way. But I do want to recommend this recent edition of “The Ezra Klein Show.” The guest was Times columnist David French, an anti-Trump conservative of long standing who also happens to be a pretty sharp lawyer.

As French explained it, Trump faces criminal exposure on three fronts. The Stormy Daniels case is actually the weakest because it rests on some rather esoteric and unproven legal theories. I’m not going to get into it, but French’s explanation was clear and compelling.

The strongest of the three cases is that Trump corruptly tried to interfere with the 2020 vote count in Georgia, not just pushing Republican officials to overturn the results but threatening them if they refused. French is of the view that this one is close to a slam-dunk, as Trump was caught breaking the law on audio recordings.

Finally, there are whatever federal charges may come out of Trump’s actions during and before the attempted insurrection of Jan. 6 — seeking to overturn the election, putting Mike Pence’s life in danger and inciting a mob to violence. French seems to think that the case is reasonably strong but may prove too complicated when it’s put before a jury.

Also, I like to joke with my students about my Unified Richard Nixon Theory of Everything. Well, the Times is observing that Trump would be the first former president to face criminal charges. True — but that’s only because Gerald Ford pardoned Nixon before he could be indicted.

The day after: Pence’s integrity, Cheney’s revenge and Cipollone’s weakness

Mike Pence. Photo (cc) 2016 by Gage Skidmore.

Three quick thoughts on Thursday’s hearing by the Jan. 6 commission.

• I know a lot of people on my side of the ideological divide who give Mike Pence little credit for his actions during the attempted violent coup. I disagree. Look, he’s a religious-right Republican who was attached to Donald Trump at the hip from the moment Trump picked him as his running mate. But when everything was on the line, Pence didn’t hesitate to act with courage and integrity. He deserves our gratitude.

• Like everyone, I laughed at the video of Josh Hawley hightailing it away from the insurrectionist mob. But my reaction to the slo-mo replay was one of awed appreciation. It struck me as Liz Cheney’s handiwork — a giant “screw you” to a highly deserving target. She learned at the feet of the master. She can’t waterboard Hawley, although she’d probably like to. But she can humiliate him. Well done.

• I am weirdly fascinated by former White House counsel Pat Cipollone, who is either the best of the bad guys or the worst of the good guys. He’s certainly no hero. Yes, he may have been among the last people in Trump’s inner circle who was giving him rational, reality-based advice, but so what? And he’s still protecting Trump, refusing to answer questions about what Trump told him under the guise of attorney-client privilege.

McConnell’s hypocrisy shows why Democrats made the right call on witnesses

Mitch McConnell. Photo (cc) 2014 by Gage Skidmore.

And so it’s over. In the aftermath of Impeachment II, the main controversy is about whether the Democrats did the right thing in reversing themselves over calling witnesses. I think they made a wise judgment. And Senate Minority Leader Mitch McConnell’s hypocrisy shows why.

In a blistering speech, McConnell endorsed the entire factual basis of the Democrats’ case against Trump. “There is no question that President Trump is practically and morally responsible for provoking the events of that day,” McConnell said. “The people who stormed this building believed they were acting on the wishes and instructions of their president.” And there was this:

Even after it was clear to any reasonable observer that Vice President Pence was in danger, even as the mob carrying Trump banners was beating cops and breaching perimeters, the president sent a further tweet attacking his vice president. Predictably and foreseeably under the circumstances, members of the mob seemed to interpret this as further inspiration to lawlessness and violence.

Yet McConnell still voted against conviction, relying on the bogus argument that a vote to convict was unconstitutional because Trump is no longer in office.

At the end of all this, no reasonable person doubts that Trump incited the mob — not just on Jan. 6, but over the course of many months. No reasonable person doubts that he was reveling in the destruction, or that Republican Rep. Jaime Herrera Beutler was telling the truth about a toxic exchange between House Minority Leader Kevin McCarthy and Trump. Seven Republicans voted to convict Trump, making this the most bipartisan impeachment in history.

Given all that, it’s time for the Democrats to move on and let the center of gravity finally shift from Donald Trump to President Joe Biden.

Not everyone agrees, of course. The normally pragmatic Josh Marshall was apoplectic Saturday, writing in Talking Points Memo that the decision not to call witnesses was “inexplicable and maddening, to many or most Democrats outside the chamber because Democrats appeared to hold all the cards and all the votes and yet capitulated entirely.”

But I thought Boston College historian Heather Cox Richardson made a better argument:

While it’s reasonable to imagine that witnesses would illustrate Trump’s depravity, it seems entirely likely that, as Trump’s lawyers continued simply to lie and their lies got spread through right-wing media as truth, Americans would have learned the opposite of what they should have.

Instead, the issue of Trump’s guilt on January 6 will play out in a courtroom, where there are actual rules about telling the truth.

We have lived through a terrible time, and it’s not over yet. The future direction of the Republican Party is far from certain, and it’s easy to imagine a thoroughly Trumpified party recapturing the House in 2022 as a result of gerrymandering and low voter turnout.

What we all need to concentrate on for the next two years is good governance — pushing for policies and programs that help people and, as best we can, putting the Trump era behind us. Biden is off to a good start, but a continuing obsession with Trump will hold him back. And that will hurt everyone.

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Trump’s five years of incitement finally reach their logical end point

I half-expected to wake up this morning hearing martial music on the radio and an announcement from the Joint Chiefs of Staff that President Pence would be speaking soon.

Instead, Donald Trump is still president. In the early-morning hours, he finally conceded the race and promised an orderly transition of power to Joe Biden, though he refused to abandon his false assertion that he actually won the election — a toxic lie that led directly to Wednesday’s insurrection.

What led Trump to back down? We can be pretty sure what it wasn’t. Even the rioting and the fatal shooting of a Trump supporter in the Capitol weren’t enough to stop him from releasing an incendiary video in which his call for calm was completely overshadowed by his words of support for the insurrectionists. It was so horrifying that Twitter and Facebook both took it down.

It seems more likely that Trump’s change in tactics came as the result of what The Washington Post described as serious talk among “some senior administration officials” to invoke the 25th Amendment and remove him from office before his term expires on Jan. 20. Something like that may have begun Wednesday evening, when Vice President Pence but not Trump was consulted on whether the National Guard should be called out — a clear violation of the chain of command, but understandable under the circumstances.

Trump should be removed anyway. As we saw Wednesday, he is far too dangerous to leave in power even for another day. “The president needs to be held accountable — through impeachment proceedings or criminal prosecution — and the same goes for his supporters who carried out the violence,” The New York Times editorialized. The Post called for Trump’s removal under the 25th Amendment, arguing: “The president is unfit to remain in office for the next 14 days. Every second he retains the vast powers of the presidency is a threat to public order and national security.”

Naturally, the radical Republicans who continue to support Trump are pointing their fingers at anyone but themselves. Fox News’ Laura Ingraham, Brit Hume and others have tried to blame the violence on left-wing infiltrators from antifa groups, an absurd and offensive proposition for which there is zero evidence. As Molly Ball of Time magazine put it, “The amazing thing about ‘it might have been antifa’ is that Trump literally summoned these people to DC, spoke at their event, offered to walk them over to the Capitol and then praised them afterward.”

One of the more interesting questions today is whether Trump might face criminal charges for inciting violence, as the Times editorial suggests. Of course, Trump has been inciting his followers for months — for years, even. But the key to criminal charges would be the speech he delivered to the mob shortly before it began its rampage through the Capitol.

According to the Times’ account of his speech, he did not explicitly call for violence, although he indulged in incendiary rhetoric such as “you will never take back our country with weakness.” On the other hand, Rudy Giuliani called for “trial by combat” and Donald Trump Jr. — speaking of Republican members of Congress who were not supporting the effort to overturn the election — said, “We’re coming for you.”

An investigation might well conclude that they had crossed the line, and of course it was the president himself who was aiding and abetting such calls. “There’s no question the president formed the mob,” the Times quoted U.S. Rep. Liz Cheney, R-Wyo., as telling Fox News. “The president incited the mob. The president addressed the mob. He lit the flame.”

There’s so much more that we need to know. I’ve heard a lot of criticism that the police essentially enabled the violent Trumpers just months after a massive show of force put down Black Lives Matter rallies. From what I’ve seen, the problem Wednesday is that the police were vastly outnumbered. An overly aggressive response in such a situation could have led to an even greater disaster. But why were they outnumbered? Why was the planning for Wednesday so poor given that we all knew a Trumper mob was descending upon the city?

Needless to say, we also need to know more about Ashli Babbitt, the Air Force veteran and Trump supporter who was fatally shot inside the Capitol, reportedly by a Capitol Police officer. Three others also died after experiencing “medical emergencies, according to reports.

Wednesday was a day that will live in infamy as five years of Trump’s inflammatory rhetoric reached its logical end point. “What happened at the U.S. Capitol today was an insurrection, incited by the President of the United States,” said Sen. Mitt Romney, R-Utah.

What we need, I suspect, is a new conservative party untainted by Trumpism and led by people of conscience like Romney. The notion seemed absurd even a few days ago. But just as the Republicans supplanted the Whigs in the 1840s and ’50s, it may be time for the Republicans to be supplanted by a party committed to principle and democracy.

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With the outcome out of our hands, this would be a good time to relax — if you can

Photo (cc) 2020 by Adam Schultz/Biden for President

Twenty-eight years ago today, also a Sunday, I got up in the pre-dawn hours in order to drive a neighbor to the airport. Before returning home, I stopped at my favorite diner, ordered breakfast and spread out that day’s New York Times. The coverage pointed to a victory by Bill Clinton over President George H.W. Bush and Texas businessman Ross Perot. Which, of course, is exactly what happened.

The news in today’s Times foretells a similar outcome. The latest Times/Sienna College poll of likely voters shows Joe Biden with a lead over President Trump in four key battleground states — Arizona, Florida, Pennsylvania and Wisconsin. Only Florida seems close enough that it could slip away. With the FiveThirtyEight model giving Biden a 90% chance of winning and The Economist up to 95%, there is plenty of reason to be hopeful that we can finally put Trump in the rear-view mirror.

And yes, we all know what happened four years ago. Shocking as it was, though, Biden has held a larger, more durable lead over Trump than Hillary Clinton ever did. James Comey wasn’t around to deliver a late, devastating hit only to say “never mind.” The media have been smarter and more responsible about Trumpist disinformation, such as Tara Reade’s unsupportable allegations and the laptop that may or may not have belonged to Hunter Biden. Last week, NBC News even reported that documents circulating in the fever swamps of the right were not only fake, but had been produced by a fake company headed by a fake person whose fake face had been created using artificial intelligence.

In these final hours before the polls close on Tuesday, we are hearing lots of anxiety-inducing stories about voters being turned away, ballots getting lost and thugs in Texas threatening a Biden campaign bus, resulting in the cancellation of several Biden rallies. As disturbing as this is, I think we’d all be better off if we relaxed as best we can until it’s over. Have you voted? Will you vote? Good. For most of us, that’s all we can do.

Fortunately, Biden seems likely to win by a large enough margin to withstand whatever assault on the vote’s legitimacy Trump tries to mount. It’s not over till it’s over, of course. Right now, though, it looks like we can soon look forward to a victory by Biden and Kamala Harris — and to our country returning to some semblance of normal.

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