Tag Archives: Josh Marshall

Is it time for a Barr reappraisal? Not a chance.

A headline at TPM’s Editor’s Blog asks, “A Barr Reappraisal?” and suggests an affirmative response from a reader, based on the recent report that the investigation of Hunter Biden, begun in 2018, was kept secret (from the press and the President). Reader JG suggests, since the investigation (if made public) “would have been weaponized in the campaign,” we must give Barr credit for keeping it under wraps. JG offers the view that Barr has used “DoJ as a shield for Trump, not a sword to go after political enemies.”

Josh Marshall is skeptical, “I need to see a lot more to convince me we’re getting the full or true story here. As it is the facts just run too counter to Barr’s tenure and that of the DOJ for the last four years. Something does not add up.”

I agree and suggest an alternative to JG’s view: Just because something could be “weaponized,” it doesn’t follow that it would be effective politically to weaponize it (as the Trump campaign certainly would have done). Bill Barr has reason to regard himself as a savvier operator than most of the sycophants surrounding Trump. It is hardly a stretch to believe that in his judgment revealing the indictment would have generated as many votes for Biden as for Trump. (Furthermore, Barr stayed out of the line of fire — from Democrats, the press, Trump, and Trump’s accolytes — by keeping the report quiet. There is little reason to think that any flak from a leak would have “effected a different outcome in the election,” to borrow a phrase.) And so Barr didn’t leak the report before the election.

Whether this pragmatic judgment is right or wrong, it’s defensible; and furthermore, given the evidence of the past year and a half, it’s a more plausible account of Barr’s motivation than the idea that he kept the indictment secret because ethical or professional or reputational constraints held him back.

It is far more likely that he saw no point in releasing the information, no clear advantage to the Trump campaign. It’s laughable, after all we’ve seen since Barr came on board, to think that leaking an investigation of Joe Biden’s son was a bridge too far for the A.G.

Last week, Bill Barr said, “To date, we have not seen fraud on a scale that could have effected a different outcome in the election,” separating himself from Trump. While this is striking, in the sense that Barr has acted, at times, like another Trump sycophant. He is not and never was simply a Trump flunky.

Instead, he has been a devoted partisan of the Republican Party. That partisanship led to his defenses of the Republican president — when the the party’s and Trump’s interests coincided (fortifying a strong executive, undermining the Mueller investigation, pushing back against Nancy Pelosi’s House, and so on).

As I posted earlier, “Bill Barr is carrying water for the Republican Party ….” Trump’s interests (to salve his wounded ego and pump up his brand) and the GOP’s interests (winning two senate seats) diverged in a way that frightened the Republican Congressional leadership. So — placing party first, as he has always done — Barr separated himself from Trump.

There’s no paradox, no change of heart, no signs of “Barr’s limits” (in Marshall’s words). There’s an unflagging allegiance to the Grand Old Party. Same as it ever was for Bill Barr — going back decades.

(Image: Bill Barr and Donald Trump at the 38th Annual National Peace Officers’ Memorial Service via Wikimedia Commons.)

The phrase “Court-packing” should not be in the vocabulary of any Democratic candidate

“I’m not a fan of court-packing, but I don’t want to get off on that whole issue,” Biden told CNN affiliate WKRC in Cincinatti. “I want to keep focused. The President would love nothing better than to fight about whether or not I would, in fact, pack the court or not pack the court.”

In this response, Joe Biden used the phrases “court-packing” and (twice) “pack the court.” In doing so, he accepted, wholly, unreservedly the Republican-frame of the question of whether Democrats — if they win the presidency and the Senate — should consider changing the number of Supreme Court justices.

While this is unlikely to have a measurable impact on the trajectory of his campaign, I regard this as an unforced error.

. . . I thought I would become apoplectic when I saw that some Democrats were referring to expanding the Supreme Court as “court packing” or tacitly accepting the use of the phrase when asked about it by reporters. Any Democrat who uses this phrase should be, metaphorically at least, hit over the head with a stick.

The simple fact is that “court packing” is a pejorative phrase. It is nonsensical to use it as a description of something you’re considering supporting or actively supporting. If you decide to support a certain politician you don’t refer to deciding to ‘carry their water.’ Someone who supports expanding the estate tax doesn’t call it the ‘death tax’. This is obvious. Doing so is an act of comical political negligence. But of course the error is far more than semantic. No one should be using this phrase because it is false and turns the entire reality of the situation on its head. — Josh Marshall, the day before Biden made his comment

Although I don’t advocate hitting Biden over the head with a stick, I wish his team would have armed him with another response. The Biden campaign — like the Democrats on the Senate Judiciary Committee on day one of the hearing — has maintained superb message discipline. They lost it in this instance.

Republicans don’t use the phrase “voter suppression” to describe their electoral strategy. Or “court-packing” to describe their packing the federal courts at all levels with Republican lawyers — often regardless of their qualifications, judicial experience, or temperament — whom they expect to be ideological and partisan jurists to rule consistently against Democratic constituencies, issues embraced by Democrats, and Democratic governors and legislators.

But, in addition to conveying the simple rule, Don’t use a pejorative expression flung at you by your political opponents, there’s a more basic issue at work (just beneath the surface). Josh Marshall followed the obvious point with an elaboration that reveals a more fundamental blunder [emphasis added]:

If you decide to support a certain politician you don’t refer to deciding to ‘carry their water.’ Someone who supports expanding the estate tax doesn’t call it the ‘death tax’. This is obvious. Doing so is an act of comical political negligence. But of course the error is far more than semantic. No one should be using this phrase because it is false and turns the entire reality of the situation on its head.

Republicans have pursued an extreme agenda through corrupt means to politicize the courts. That’s the issue staring us in the face (though not, in the midst of an election campaign that will culminate in three weeks’ time, an issue that Biden must address now).

The formula was and is simple: use every ounce of raw political power to stack the federal judiciary with conservative ideologues. Refuse to consider nominations; then rush them through. No nominations within a year of an election; but quickie confirmations within a month of an election. Republicans have taken the constitutional framework and abused it to the maximum extent possible to achieve this transcendent goal. While these are almost universally abuses, none are clearly illegal or unconstitutional. At the most generous they amount to using every tool that is not expressly illegal to maximize control of the federal judiciary.

The untimely death of Ruth Bader Ginsburg in the final weeks of an election Republicans seem likely to lose has cast the whole drama in clarifying light. Republicans are now on the cusp of securing a 6-3 conservative High Court majority which will act as an effective veto on Democratic legislation using arguments no less facially absurd than the list used to attack Obamacare.

This is all the work of decades. But it is particularly the work of the last decade, 2010 to 2020. And it is all guaranteed, locked in, final on the assumption that Democrats will not even consider much milder and expressly constitutional remedies to repair the damage wrought by Republican judicial corruption. Indeed, conservatives are now reacting with something like apoplexy at the idea all this work, wrecking half the government in the process, could be voided with a simple majority vote to expand the federal judiciary and the Supreme Court. The Republican program is raw power for me, norms and prudence for you. Few things show how much Washington DC remains wired for Republican power than the idea that anyone can with a straight face call the possibility of Democrats taking some remedial action “court packing.”

Joe Biden, take notice.

(Image: Amy Comey Barrett makes her opening statement on day one via PBS/YouTube.)

For Democrats there is only one thing that matters politically now

I. Does Joe Biden take office on January 20 with a united Democratic majority in the U.S. Senate?

I’m not a political strategist or a pollster. I don’t know how the death of Ruth Bader Ginsburg, the machinations of Mitch McConnell, the calculations of Republican Senators, or whatever Joe Biden and Democrats do or say will affect the outcome of the November 3 election.

But whether or not McConnell succeeds in seating a Trump nominee between now and January isn’t as significant as what happens after January 20.

If McConnell’s gambit fails (and a Trump nominee isn’t confirmed), if Joe Biden is elected and takes office, and if Chuck Schumer becomes the majority leader, then Joe Biden will name the justice to replace Ginsburg. If McConnell corrals Republicans to confirm Trump’s nominee, if Joe Biden is elected and takes office, and if Chuck Schumer becomes majority leader, Democrats will be in a position to increase the size of the Supreme Court to 13.

What’s constant: Biden must win and Democrats must control the U.S. Senate. This is a high stakes election. Nothing has changed with the passing of an extraordinary woman with a monumental legal legacy.

II. A separate point: There is a downside to increasing the size of the Supreme Court.

The move would hardly be unprecedented, nor would it be unjustified, as Edwin Chemerinsky notes:

One way for Democrats to make clear they will not tolerate Republicans trying to fill this seat in advance of the election would be for them to pledge that, if they take the White House and Senate in November, they will increase the size of the Supreme Court to 13 justices.

The number of justices on the court is set by federal law, not the Constitution. Since its beginnings, it has ranged from having between five and 10 members. Since the 1860s, it has remained at nine.

When President Franklin Roosevelt suggested expanding the Supreme Court in the 1930s to overcome court hostility to the New Deal, he was repudiated for trying to pack the court. But the current situation is different. This would be a response to chicanery by Republicans.

What happened with Garland’s nomination was unprecedented, and Democrats rightly believe it was a stolen seat. After Scalia’s death in February 2016, President Obama moved quickly, nominating Garland the next month.

But such a move would pose a risk to democratic governance, as we learn in Steven Levitsky and Daniel Ziblatt’s book, How Democracies Die. They warn (in Chapter 9) regarding a familiar Democratic activists’ refrain:

In our view, the idea that Democrats “fight like Republicans” is misguided. First of all, evidence from other countries suggests that such a strategy often plays directly into the hands of authoritarians. . . .

And (to cite their admonition regarding impeachment to make a more general point):

Even if Democrats were to succeed in weakening or removing President Trump via hardball tactics, their victory would be Pyrrhic—for they would inherit a democracy stripped of its remaining protective guardrails.

I get it. But in 2020, two years after publication of How Democracies Die, it’s past time to escalate the fight. Trump and the Republican party have trashed way too many guardrails to overlook. And as Trump has become more aggressively authoritarian, we have learned that for Washington Republicans no outrage is too great to accept. Their only calculation is purest power politics with no allegiance to democratic norms or values. The only reasonable option for Democrats (and democrats) is to push back within Constitutional restraints — even if it’s necessary to make basic changes, where there was formerly bipartisan agreement (such as the size of the Supreme Court or the number of states in the union).

Josh Marshall acknowledges the risk, but comes down on the right side of the issue (by my lights):

We are here because of the Republican party’s increasing unwillingness to accept limits on political action. To up the ante on that tendency, to meet it, is itself a grave threat to democratic governance. But an even graver threat is to remove any mechanism of consequences or accountability. Then there is truly no limit or disincentive to corruption, law breaking and bad action. That reality is precisely the one in which we currently find ourselves.

Learn to live with it. Or die with it. Whatever. — Trump White House to Americans regarding out of control epidemic

“The virus is with us, but we need to live with it.”

After months of communicating mixed messages about the coronavirus, of making promises that weren’t kept and pronouncements that were plainly false, the Trump White House has belatedly recognized that “the virus is not going away any time soon — and will be around through the November election.”

NBC’s Carol Lee, Kristen Welker, and Monica Alba report that the administration and Trump’s reelection campaign has landed on a new message: Learn to live with it.

Predictions dating back nearly six months include: “the problem goes away in April”; on Easter Sunday there will be “packed churches all over our country”; “by Memorial Day weekend we will have this coronavirus behind us”; and by July the country will be “really rocking again.”

Trump has never made a genuine effort to squelch the virus (though he briefly posed as “a wartime president,” nothing came of that). The evidence suggests that Donald Trump is not much interested in governing. He has certainly been disinclined to craft a plan, marshal resources, and coordinate a national effort to defeat the coronavirus.

Trump has no plan to defeat the coronavirus and declines to make a plan. It is no wonder that none of the rosy predictions about the epidemic resolving itself have come to pass.

Throughout the first half of 2020, Trump has evaded accountability, while insisting that the nation’s governors are responsible for combating the coronavirus. And wishful thinking is still the order of the day. On Wednesday the President said:

I think we’re going to be very good with the coronavirus. I think that at some point that’s going to sort of just disappear, I hope.

But now — White House advisers tell NBC — they are ready to turn a corner, as they watch the economy reopen: “the White House is now pushing acceptance.”

As of July 4, 2020 (3 a.m.), the United States has had 2,794,153 cases of coronavirus and 129,434 deaths.

This graph from Johns Hopkins Coronavirus Resource Center shows what that looks like (in comparison with other hotspots in the world):

The United States leads the world in coronavirus cases.

As Donald Trump made the case in Tulsa for pushing aside concern with the coronavirus: “We have to get back to business. We have to get back to living our lives. Can’t do this any longer.” 

These infections, at this level, were not inevitable. The number of people who have died from coronavirus did not have to total more than one hundred twenty-nine thousand. Yet the spread of coronavirus and the number of deaths continue to increase — because Donald Trump has proved incapable and uninterested in leading a national effort to end this catastrophe.

Instead, the immediate future we will see more of the same. More infections. More pain and suffering. More deaths. And, at this stage, we can lay responsibility for virtually everything yet to come at the feet of Donald Trump.

A consistent theme of this blog is that the leadership of the Republican Party is complicit in whatever Donald Trump says and does. They made a Faustian bargain to lock arms with Trump and they’re not disentangling themselves. The devastation being wrought on our country now — and for the forseeable future — from coronavirus is also at the feet of the GOP. So I’m on board with Josh Marshall’s sentiments:

I seldom think anything good about Donald Trump. I hate what he has done to the country. I hold his enablers even more responsible for what has happened on his watch

Marshall concludes:

None of this had to happen. It is a failure of cataclysmic proportions. It has many roots. It has revealed many insufficiencies and failures in our society and institutions. But the scale of it, the unifying force of it is a man who never should have been president, who has abandoned his responsibility to lead and protect the country, making it every state for itself, a chaos only organized by a shiftless and shambling effort to help himself at all costs at every point.

The worst is yet to come.

(Image: NBC News report on mass graves of coronavirus victims at New York’s Hart Island in April.)

Is a Democratic Senator’s hand wringing an abdication of responsibility?

A Democratic Senator expresses concerns that Mitch McConnell and the Republicans he leads may not uphold their responsibilities to conduct a fair, objective impeachment trial. Josh Marshall, observing that Republicans have openly embraced a contrary course of action, takes the Senator to task for not stating this plainly (“Terrible, Terrible, Terrible,” Talking Points Memo):

It is grievously irresponsible to be expressing “concerns” that Republicans may not do their job and uphold their responsibility as Senators. . . .

Republicans have made their intentions crystal clear. It is an abdication of responsibility not to state this clearly. Republicans have already decided to protect a lawless President from constitutional accountability. They’ve betrayed the constitution and their oaths. This is a point to make consistently over and over and over again. Because it is true. . . .

There’s nothing to be “concerned” about. Senate Republicans have made very clear there is no level of lawless behavior from this President that they will not defend. The public needs to know that. It needs to be said over and over. To say anything else, to express hopes this or that doesn’t happen when it already has happened only signals a damaging, demoralizing and shameful weakness.

(Image: U.S. Senate chamber circa 1873 via wikipedia.)

Opposing the Alt-Right on the streets without buying into their violent, macho dramatics

PopMob is enjoying the fight against the far-right on the streets of Portland.

Josh Marshall comments, “In combating fascists and all manner of rightist hooligans and authoritarians, it is a constant battle not to be drawn into fighting on their terms. … At a basic level we must resist their drama and their conceits as much as their violence and their hate.”

Marshall quotes Effie Baum, a spokesperson for PopMob: “The far-right wants to get into fights and act all macho. We want to make that virtually impossible.”

The Unpresidented Brass Band.
Unicorns against fascism.

Vegans against fascism.
“Be the spectacle.”

“Short for Popular Mobilization, PopMob is a group of concerned Portlanders united around a single, common goal: Inspire people to show up and resist the alt-right with whimsy and creativity. We’re activists and organizers from many groups, including labor rights, arts, education, healthcare, and more. We believe that the people of Oregon don’t want what the alt-right is selling and we know we can push back against hate as one strong community.”

(Image above headline from PopMob Facebook page.)

“Politicians … don’t give specific directions. They don’t have to. They simply set the tone. In the end, someone else does the dirty work…”

Four prominent villains appear in Trump’s closing ad – titled, “Donald Trump’s Argument for America,” released just before the November 2016 election: Three are Jewish; the fourth is the 2016 Democratic nominee for president:

George Soros, favorite Trump punching bag – “The establishment has trillions of dollars at stake in this election. For those who control the levers of power in Washington …”

Janet Yellen, then Chair of the Federal Reserve – “… and for the global special interests.”

Hillary Clinton“They partner with these people who don’t have your good in mind.”

Lloyd Blankfein, then CEO of Goldman Sachs – “It’s a global power structure that is responsible for the economic decisions that have robbed our working class, stripped our country of its wealth and put that money into the pockets of a handful of large corporations and political entities.”

Josh Marshall, who posted this ad on November 5, 2016, commented at the time:

“These are standard anti-Semitic themes and storylines, using established anti-Semitic vocabulary lined up with high profile Jews as the only Americans other than Clinton who are apparently relevant to the story….

This is an anti-Semitic ad every bit as much as the infamous Jesse Helms ‘white hands’ ad or the Willie Horton ad were anti-African-American racist ads. Which is to say, really anti-Semitic…. This is an ad intended to appeal to anti-Semites and spread anti-Semitic ideas….

This is intentional and by design.”

Fast forward to today, in the aftermath of what is “likely the deadliest attack on the Jewish community in the history of the United States.” Julia Ioffe raises the question, “How much responsibility does Trump bear for the synagogue shooting in Pittsburgh?” and observes: “Culpability is a tricky thing, and politicians, especially of the demagogic variety, know this very well. Unless they go as far as organized, documented, state-implemented slaughter, they don’t give specific directions. They don’t have to. They simply set the tone. In the end, someone else does the dirty work, and they never have to lift a finger — let alone stain it with blood.”

She writes of Trump’s campaign:

Trump had so much to say about the Jews that his Jewish son-in-law has had to publicly defend him as “not an anti-Semite.”

But the anti-Semites have not been convinced. A month after he had ordered his trolls to attack me, white supremacist Andrew Anglin told the HuffPost what he thought of Trump’s refusal to denounce them. “We interpret that as an endorsement,” he said. To his readers, he wrote, “Glorious Leader Donald Trump Refuses to Denounce Stormer Troll Army.” When Trump blamed “both sides” for Charlottesville, his supporters heard him loud and clear: “I knew Trump was eventually going to be like, meh, whatever,” Anglin said. “Trump only disavowed us at the point of a Jewish weapon. So I’m not disavowing him.” Many others in the alt-right praised Trump’s statement as moral equivocation on Charlottesville. To them, this, rather than the forced, obligatory condemnation, was the important signal. (According to the Anti-Defamation League, the incidence of anti-Semitic hate crimes jumped nearly 60 percent in 2017, the biggest increase since it started keeping track in 1979. What made 2017 so different? It was Trump’s first year in office.)

Image of July 2016 Trump tweet (subsequently deleted) featuring Star of David.

“Is this the most divided you have ever seen the United States?”

Jamie Dupree, a reporter whose career began during the Reagan administration, reports hearing that question frequently.

His response: “My answer is always – no, this is not the most divided that our country has been, even in my lifetime.”

He points to events of 45 to 50 years ago (1968-1973).

I was a freshman in college in 1968, a year the nation experienced two political assassinations – of Martin Luther King, Jr. and Robert F. Kennedy; the My Lai massacre; and brutal clashes between protesters and the police at the National Democratic Convention in Chicago, which paved the way for the election of Richard Nixon.

The nation was engulfed in the Vietnam War abroad and protests in the streets at home. In 1970, National Guardsmen fired on protesting students at Kent State University, killing four of them. (Dupree’s post features a soundtrack of Crosby, Stills, Nash, and Young’s “Ohio,” with a photo montage from that year to illustrate the social chaos the country was experiencing.)

We don’t have half a million troops fighting a war in Southeast Asia today with high casualties and a military draft. We don’t have the level of violence in the streets that we had 50 years ago. So Dupree’s conclusion that we are less divided today than we were then is not unreasonable.

Nonetheless, this conclusion leaves something out. Since the late ’60s and early ’70s, our politics has become much more tribal. We are more separate than before in many ways. And in 2016, we elected the first president in my lifetime who, in Jonathan Bernstein’s words, “doesn’t even attempt to be president of the whole nation.” Even Nixon, who kept an enemies list – but kept it private, often spoke to the country as a whole and sought to appeal to – and to represent – both independents and Democrats, not just the Republican base.

Donald Trump began his political ascent as the chief proponent of the birther theory – intending to delegitimize his predecessor in the White House. His political rallies in 2016, and the Republican National Convention that nominated him, featured frenzied chants of “Lock her up!” directed at his Democratic opponent.  So (although for many months following his election, pundits predicted, and often professed to see, a pivot – the turning point where Trump adopted the norms and mores of recent – and distant – presidents) his approach to governing has been of a piece with his campaign. It’s either all-in with Trump; or excluded and excoriated.

The 45th president has, in effect, championed factional government. (Josh Marshall makes this point.) He has done so very deliberately and for all to see.

The phrase, “factional government,” is something we are accustomed to hearing applied to unstable regimes, or where opponents control separate regions – in the Middle East, for instance. When sectarian divisions exist, and there is no shared conception of the national interest, then insular, zero-sum tactics predominate. When one faction gains the upper hand, however precariously, disfavored groups – and a common, overarching public good – suffer.

The concept of factions has a special place in American political thought. James Madison – who feared that democratic society could be ripped apart by factionalism – wrote, in Federalist 10: “By a faction I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.”

The stubborn refusal of our president to embrace America whole – all of our citizens; our country’s abiding national interest; what we share in common, not what divides us – sets this era apart from the divisive years that Dupree recalls.

(Post revised July 13, 2018 to introduce Josh Marshall’s reference to factional government.)

(Photo from video montage – CSN&Y’s “Ohio.”)