An ongoing conspiracy.

May 13, 2022

[Audio version here]

          Minority Leader Kevin McCarthy confirmed that Trump’s effort to overthrow the Constitution is an ongoing conspiracy. The House Select Committee issued subpoenas to five GOP House members demanding their cooperation in an investigation to determine who was involved in the coup and how it unfolded. Though McCarthy and his colleagues (Jordan, Biggs, Brooks, and Perry) took an oath to “protect and defend the Constitution against all enemies, foreign and domestic,” McCarthy mocked the Committee’s efforts to learn the truth. Even though McCarthy has first-hand information regarding Trump’s actions and intentions on January 6th, he described the subpoenas as an effort to “go after political opponents.” McCarthy’s refusal to cooperate can only be seen as an ongoing conspiracy to conceal the identities of the coup plotters.

          The subpoenas are appropriate, narrowly drawn, and legally justified. But they are meaningless because Merrick Garland has failed to indict witnesses who refuse to comply with the Committee’s subpoenas. For example, Garland has not indicted Mark Meadows, who declined to appear before the Committee six months ago (in December 2021). The failure of Garland to support the Committee or to launch his own investigation of the coup is leading to a crisis of confidence in America.

In the absence of accountability, Trump and his co-conspirators understandably believe they are free to make another attempt to overthrow the Constitution in 2024. Why is the DOJ refusing to act? Yes, prosecuting Trump will be difficult and painful for America, and the only thing that could be more difficult and painful is not prosecuting Trump.

          On Thursday, we learned that a federal grand jury is investigating Trump’s apparent mishandling of fifteen boxes of classified documents that were moved to Mar-a-Lago. See NYTimes, Prosecutors Pursue Inquiry Into Trump’s Handling of Classified Material. Sigh. As one reader commented, “So, Garland’s DOJ can jump on a case of 15 boxes that may have been a security risk but can’t investigate a blatant attempt by Trump to overthrow our government???”

Of course, Trump (or his aides) should be held accountable for the apparent theft of classified materials, but the alacrity with which that investigation is proceeding is a stark reminder of the glacial (or non-existent) pace of Garland’s investigation into a coup.

          For now, we must be grateful that the House Select Committee has refused to relent despite the obstacles presented by the Republican Party and the Department of Justice. The Committee’s findings will serve as the judgment of history on Trump, McCarthy, and the Republican Party.

Putin’s war on the Ukrainian people.

          Putin attacked Ukraine (allegedly) to protect Russia from NATO expansion. The plan has backfired. On Thursday, Finland applied for NATO membership. If granted, Finland’s application would increase Russia’s border connection with NATO by 800 miles. Russia erupted in response, claiming that it would retaliate with “military-technical” measures.

          Ukraine continues to mount a vigorous defense against Russia’s invasion. On Wednesday, Ukraine destroyed dozens of Russian vehicles attempting a river crossing in the Donbas region. See Business Insider, Photos show dozens of wrecked Russian tanks and armored vehicles destroyed in failed river crossing, Ukraine’s military says. Other sources report that Ukraine is pushing back Russian forces near Kharkiv.  

          As Ukrainians fight courageously against Russian expansionism in Europe, Senator Rand Paul was busy proving why he is more detested than the odious Ted Cruz and Mickey-Mouse hating Josh Hawley. Senator Paul single-handedly held up a $40 billion aid package to Ukraine because he was unhappy with the accounting mechanisms included in the bill. Paul claimed that he was delaying the legislation because he took an oath to “uphold the Constitution,” an oath that meant nothing when he voted against a Senate investigation of the January 6th insurrection. Ah, well! There is a reason that Senator Paul is routinely described as “the most hated person in the Senate.”

Republicans beginning to backtrack on abortion ruling.

          Pundits continue to tell Democrats that the leaked draft of Alito’s opinion overruling Roe and Casey will not change the midterms. But Republicans running for reelection in the midterms beg to differ. Some long-time anti-abortion candidates are attempting to distance themselves from prior statements in support of extreme restrictions on abortion. Even the clueless Senator Ron Johnson is explaining that the decision will not be so bad because women in Wisconsin can travel to Illinois to obtain abortion services. See Talking Points Memo, RonJon Distances Self From Own Anti-Abortion Position. Johnson said, “I just don’t think this is going to be the big political issue everybody thinks it is, because it’s not going to be that big a change.”

          Hmm. . . if Johnson doesn’t believe it’s not going to be a big deal, why is he walking back prior statements? And, of course, Senator Johnson does not acknowledge that some women seeking abortions cannot afford to travel to another state to receive treatment. Republicans are worried. They should be.

Texas continues its march toward a socialist authoritarian state that seeks to control the lives of its citizens and businesses.

          Texas passed an unconstitutional law that prohibits social media companies from controlling the content on their private platforms. The companies are prohibited from banning users, thereby forcing the companies to carry content they do not wish to publish. The law also prohibits social media companies from altering their algorithms—a process that allows social media companies to run their businesses. The law is plainly unconstitutional, and a federal district court judge issued an order enjoining enforcement of the law pending trial on its constitutionality.

          On Wednesday, a three-judge panel of the Fifth Circuit Court of Appeals lifted the injunction, allowing the law to remain in effect pending trial. As a result, social media platforms with users in Texas are subject to expensive lawsuits and costly workarounds to conform with the requirements of an unconstitutional law. See Ian Millhiser in Vox,  Two GOP judges just gave Texas control over Twitter, Facebook, and YouTube.

          The Fifth Circuit order was unsigned but was not unanimous, meaning that only two of the three judges on the panel voted to lift the injunction. The judges who voted to lift the order likely include a Trump-appointed judge who clerked for Justice Alito and an infamous Reagan-appointed judge known for taking outrageous positions.

          As described by Ian Millhiser, the order is a threat to the business model of social media companies as they attempt to moderate extremists who use their platforms. Per Millhiser,

The Texas law, in other words, would effectively turn every single major social media platform into 4chan — a cesspool of racial slurs, misogyny, and targeted harassment that the platforms would be powerless to control, unless they wanted to enact such sweeping content moderation policies that their platforms would become unusable.

          Republicans are quickly becoming the “anti-business” party as they attempt to punish companies for engaging in free speech or force companies to carry speech that violates their terms of service. The matter will be appealed to the Supreme Court—at which point we may learn whether the reactionary majority intends to allow state legislatures and governors to control the speech of corporations. Stay tuned.

          [Please note: I don’t agree with Supreme Court’s rulings that effectively grant corporations equal status with individuals under the First Amendment. So, please don’t send emails yelling at me for accurately describing the current state of the law regarding the free speech rights of corporations. I admire the passion of those who oppose Citizens United and agree with you, but no amount of criticizing accurate reporting by me will change the law. Instead, vote for members of Congress who will enlarge the Court ASAP.]

Concluding Thoughts.

          In Pennsylvania, the Trump-endorsed MAGA candidate for US Senate (Dr. Oz) is being overtaken by a MAGA candidate (Kathy Barnette ) so extreme that even the extremists in the MAGA party are worried. On Thursday, Trump issued a statement saying, “Kathy Barnette will never be able to win the General Election against the Radical Left Democrats.” Ouch! [Update: Proving that Trump is more of a weathervane than a kingmaker, Trump issued another statement on Thursday saying Barnette would make a fine candidate and he would support her if she wins the primary.]

          The problem in Pennsylvania for the GOP is not unique. Trump has created a monster—a base that demands ever more extremist positions to sustain its fever pitch of delusion and hate. In Barnette, the MAGA crowd has found its most extreme warrior to date. She has said it is acceptable to discriminate against Muslims, compared Islam to Hitler and Stalinism, has claimed that homosexuality encourages pedophilia, and claims that transgender people are  “demonic.”

          Here is my point: Trump has encouraged candidates to run to the extreme right for his endorsement. He can’t stop the dynamic he created. Democrats should be in strong positions in November 2022 when running against extremists who alienate significant portions of the electorate. Yes, inflation is a big problem. But GOP candidates who run on a platform of hate have nothing to offer to voters seeking solutions.

We have a tough fight ahead of us in 2022, but Trump is doing everything he can to undermine his party’s chances. We can’t count on Republicans to defeat themselves, but we shouldn’t exaggerate their strengths in 2022, either.

          Have a good weekend! Stay