A pre-Thanksgiving pep talk!

November 22, 2023

          Before turning to the four-day pause to permit the release of hostages held by Hamas and the delivery of humanitarian aid in Gaza, I want to address the top comment from a reader posted in response to yesterday’s newsletter. The reader said (in part),

Today I’m fighting despair because of the voting rights decision, Univision’s takeover, the seemingly never-ending coverage of DJT, and the war in Gaza. So... what to do?

          The reader’s feelings are understandable and widely shared by millions of Americans. As I noted in response, I hope yesterday’s newsletter did not contribute to those feelings. If it did, I should have emphasized this point more prominently: Most of the reactionary, bad-faith, performative cruelty by MAGA extremists is a sure sign that the progressive forces of democracy are winning—and that Republicans understand that truth in their bones.

          The foreknowledge of their inevitable defeat is what frees MAGA extremists to engage in unconscionable deprivation of rights and depraved conduct that violates every precept of their false piety and pretended morality. They do not care about their hypocrisy because the cost of sincerity is loss of power—a concept antithetical to the very core of their being.

          The common thread that runs through lawless opinions by Trump judges and gerrymandered congressional districts by racist legislators and fake investigations by impotent members of the GOP caucus is fear. They are afraid. They are caught in a “flight or fight” response that has caused them to take leave of their senses, their humanity, and their fealty to the Constitution.

          So, while feelings of discouragement are understandable, leave room for optimism. If MAGA extremists had a positive vision of America to attract others to their cause, they would proclaim it from the rooftops. Instead, they are in retreat, burning bridges and sacking supply depots to hinder their opponent’s advance. Do not interpret the smoke from burning bridges as a sign of our defeat but as a sign of their retreat—and our inevitable victory. Stay strong and remember that we don’t need to win every battle—just most of them—over time. We can do that. We are doing that.

Possible four-day pause in fighting.

          As I write on Tuesday evening, the media is reporting that Israel and Hamas have agreed to a “more-for-more” pause in fighting. The current structure provides for the release of fifty Israeli hostages over a four-day period in exchange for a pause in fighting. Israel will release 150 Palestinian prisoners. If Hamas releases more hostages, the pause in fighting will be extended. The pause will allow the transport of humanitarian supplies into Gaza. See David Ignatius in the Washington Post, The making of a ‘more for more’ deal in the Gaza war. (This article is accessible to all.)

          Although the deal was brokered by the Qatari government and binds Israel and Hamas, the US played a significant role in the negotiations that led to the deal. Indeed, President Biden personally intervened with the Qatari emir acting as an intermediary. And Brett McGurk, the White House Middle East coordinator was intimately involved in the negotiations. For more details, see CNN, Inside the painstaking negotiations between Israel, Hamas, the US and Qatar to free 50 hostages.

          Additional details remain to be resolved before the exchange can occur and there are opportunities for derailment. But the proposal represents significant progress—and offers the prospect for a longer cessation of hostilities. The release of hostages and attendant publicity may increase the pressure on all sides to do more.

          Credit for the temporary pause goes to the parties to the agreement. But President Biden and the US played a critical role in negotiating an agreement between parties that are not talking directly to one another. The fact that the parties to the negotiation believed they could trust Joe Biden and the US (in addition to one another), played an important role in this small step forward. Reliability, stability, and constancy in the conduct of foreign affairs is boring and un-newsworthy—until it is critical to resolving a high-stakes agreement.

Elon Musk sues Media Matters in North Texas district court.

          Stick with me on this story. I have a point. It is that even Elon Musk is running scared. Or, as I wrote above, “Most of the reactionary, bad-faith, performative cruelty by MAGA extremists is a sure sign that the progressive forces of democracy are winning—and that Republicans understand that truth in their bones.”

          You will recall that Elon Musk has recently been criticized for allowing Twitter to be populated by antisemitic hate groups. Even more recently, Musk re-tweeted a post that promoted the antisemitic “Great Replacement Theory”—an act that caused advertisers to “pause” their advertising on Twitter.

          Against this backdrop, Media Matters for America conducted a survey and issued a report that suggested Twitter’s advertising algorithm placed content from hate groups adjacent to advertising from Apple, IBM, Oracle and other major companies—contrary to Twitter’s claims about its handling of placement of advertising. See Media Matters for America, As Musk endorses antisemitic conspiracy theory, X has been placing ads for Apple, Bravo, IBM, Oracle, and Xfinity next to pro-Nazi content.

          Because Twitter claims that its platform is a “safe” place for major corporations to advertise despite the presence of antisemitic content, the Media Matters report struck at the heart of Twitter’s business model.

          Rather than express shock and contrition, Musk sued Media Matters. But in a sure sign that Musk is worried, he filed his lawsuit in—wait for it—the reactionary Northern District of Texas that is home to the odious federal Judges Matthew Kacsmaryk and Reed O’Connor who have waged a war on the federal government. Although Musk’s lawsuit was not assigned to either Kacsmaryk or O’Connor, it was assigned to Trump-nominated Judge Mark Pitman—who has issued a string of anti-mask, pro-concealed carry, and anti-Biden rulings.

          There are 94 federal districts in which Musk could have filed his lawsuit against Media Matters. He chose the most reactionary, Trump-friendly district populated by Christian nationalist judges—which kind of proves Media Matter’s overarching point about why advertisers should be wary of advertising on Twitter.

          Under existing law, Twitter’s lawsuit should be summarily dismissed, and the judge should force Musk to pay Media Matters’ attorney’s fees. But before Judge Pitman, that is an unlikely result. Indeed, after Musk filed suit against Media Matters in the Northern District of Texas, disgraced Texas Attorney General Ken Paxton announced he was opening an investigation into Media Matters to determine if its report “deceived” Texas consumers.

          Gosh! Isn’t it a coincidence that Musk chose to sue Media Matters in Texas on the same day that Texas Attorney General Paxton announced an investigation into Media Matters? A cynical person might conclude that Musk and Paxton were working in concert!

          We can learn a lot about Musk by the company he keeps—and Ken Paxton is bad company. So, it is inexplicable that Musk is a featured speaker at the New York Times “Dealbook Summit” on November 29. See The New York Times DealBook Summit.

Of course, the Times is free to host a speaker accused of antisemitic posts who has savaged the NYTimes on Twitter. See Media Matters for America, The New York Times plans an event with Elon Musk despite his history of attacking the outlet

          What is more difficult to understand is why the following speakers have agreed to appear at the same event with Musk:

• Vice President Kamala Harris;

• Disney CEO Bob Iger;

• FTC Commissioner Lina M. Khan;

• Television producer Shonda Rhimes;

• JPMorgan CEO Jamie Dimon; and

• Former Speaker Kevin McCarthy.

          Okay, I get that Kevin McCarthy is happy to appear with a man who has recently promoted antisemitic posts, but what are the others thinking? Until decent people refuse to associate with Musk, he will continue promoting antisemitic posts to his 160 million followers.

          Musk has been furiously trying to repair the damage from his tweet last week. He reached some sort of understanding with the ADL that resulted in praise from the ADL’s CEO. He sued Media Matters. And he is appearing as a featured speaker for a newspaper that he described as “an unregistered lobbying firm for far-left politicians” that has “fallen so far it is tragic.”

          Musk’s effort at reputation repair is just further proof that MAGA extremists are on the run. Josh Marshall addressed this phenomenon in his article in Talking Points Memo, Elmo Unbound, Miscellaneous Thoughts on Speech and Power.

          Marshall writes the following about Musk’s use of the courts and Texas AG Ken Paxton to fight back against criticism of his promotion of antisemitic posts:

Of all the “ideas” and “policies” backfilled into the fetid carcass of Trumpism this one stands out: [T]he marketplace of ideas can no longer be relied on [by conservatives] . . . What is necessary is [for them] to gain state power and use that power to coerce culture and society back in a conservative direction. . . . [That effort] is premised on a basic belief that conservatism is not popular.

          Agreed! Musk and Paxton are trying to use the “power of the state” to force Americans back to the mythical “good old days” of conservative culture. It isn’t going to work, no matter how many lawsuits Elon Musk files against those criticizing antisemitic content on Twitter. Indeed, it is a sign of desperation. And it would be a great help if people like Kamala Harris, Bob Iger, Jamie Dimon et al. did not give Musk the patina of respectability by sharing the spotlight with Musk—especially at a moment of heightened antisemitism.

More on the 8th Circuit voting rights opinion.

          David Pepper published a detailed and thoughtful analysis of the 8th Circuit’s holding that Section 2 of the Voting Rights Act prohibits suits by private plaintiffs. See David Pepper, Pepperspectives, The Next Big Voting Rights Case? (substack.com). David’s analysis includes a helpful two-minute video that explains the background to the 8th Circuit’s ruling. Check it out if you are interested in following this topic.

          And . . . ugh . . . fallout from the 8th Circuit opinion is already emerging. North Dakota’s top elections official discussed the possibility of “re-visiting” rulings that protected the voting rights of two Native American tribes. See MSN, In wake of Voting Rights Act ruling, North Dakota to appeal decision that protected tribes' rights.

          Federal District Judge Welte had ruled in favor of the tribes’ claim that North Dakota unlawfully diluted their voting rights. But as reported by AP, the North Dakota Secretary of State intends to appeal Judge Welte’s ruling:

In announcing his intention to appeal Welte's ruling, Republican Secretary of State Michael Howe specifically cited Monday's 2-1 ruling by the [8th Circuit] appeals court panel, which is based in St. Louis and has jurisdiction over seven states, including North Dakota.

          As I wrote yesterday, Chief Justice Roberts created this chaos, and his legacy is on the line if he fails to contain it. We shouldn’t concede defeat. Indeed, if we regain control of Congress and retain the presidency, Democrats can amend the Voting Rights Act to explicitly provide for a private right of action (and make other enhancements). In the meantime, MAGA extremists—including those on the Supreme Court—are signaling the desire to return to the era of Jim Crow laws. It is up to us to stop them at the ballot box.

Concluding Thoughts.

          There is more, but I have tried your patience on the day before Thanksgiving. Despite some challenging developments, the major news is that a breakthrough for peace may be at hand in Israel—thanks in part to the steady leadership of Joe Biden. We are fortunate to have him as our president at this fraught time in our nation’s history.

          I will send a short note on Thursday. I hope you have a blessed and peaceful Thanksgiving with family and friends!