Biden hits the campaign trail.

February 16, 2023

[No audio version due to travel.]

          There are currently two “declared” candidates for the 2024 presidential nomination—Donald Trump and Nikki Haley. But only one person is campaigning hard for re-election—Joe Biden. He is still running on the jet fuel that powered his State of the Union address, making campaign-style appearances a year before the first Democratic primary. More importantly, he is on the attack, setting the agenda, challenging Republicans to say what they stand for—or against. Republicans are not amused and are working overtime to come up with answers to the challenges that Biden is tossing their way with increasing frequency. Because Republicans have never truly stood for anything, a political food fight has erupted in the GOP over which lies they will tell the American people to conceal the emptiness of their overheated rhetoric.

          On Tuesday, Biden was in Maryland, pressuring Republicans to give definition to their “vapor-ware” economic platform. See CNN, Biden ramps up the pressure on GOP's economic agenda during Maryland speech. Biden said of the Democratic economic agenda,

It’s a stark contrast to our Republican friends, who are doubling down on the same failed politics of the past. . . . Where are they going to cut? Are they going to cut Medicaid, the Affordable Care Act? Are they going to cut Social Security or Medicare, veterans’ benefits, aid to farmers? At the State of the Union they seemed to say that they’re not going to cut Social Security and Medicare. OK, great. I hope that’s true. But how are they going to make these numbers add up?

          Biden’s speech may not match the soaring oratory of Winston Churchill in his prime. It doesn’t have to because Republicans have no answers to the questions that Biden is repeating on the campaign trail. And the longer Biden asks those questions without a definitive response from the Republican Party, the more voters will come to associate the GOP with a party that intends to cut Social Security, Medicare, veterans benefits, aid to farmers . . . .

          As we wait for the report of the Fulton County special grand jury, as we wait for Jack Smith to issue an indictment, as we watch Nikki Haley preview another persona, as we watch Ron DeSantis destroy Florida’s educational system, and as Trump fails to get a good night’s sleep because he can’t figure out he should simply remove the landline from his nightstand, Joe Biden has found a second wind. And Republicans are flummoxed. Keep up the good work, Joe!

Mike Pence is unclear on the concept of “separation of powers.”

          Mike Pence defended his decision to resist the subpoena from special counsel Jack Smith, saying that he is defending the principle of “separation of powers” embedded in the Constitution. See CNN Politics, Mike Pence says that his fight against DOJ subpoena in Trump probe is about 'separation of powers'. While the doctrine of “separation of powers” is real, it has no application to the subpoena issued to Mike Pence.

          Broadly speaking, the doctrine refers to the prerogatives of the three branches of government—legislative, executive, and judicial—to perform their constitutional functions without interference or infringement from a coordinate branch. For example, judges cannot issue legislation, the executive cannot conduct criminal trials, and the legislature cannot adjudicate cases or controversies between litigants. As implemented in the US, the doctrine is more complex and multidimensional than the above description suggests and can give rise to legitimate constitutional questions. See, e.g., Laurence Tribe in Yale Law Journal, Transcending the Youngstown Triptych: A Multidimensional Reappraisal of Separation of Powers Doctrine

          The situation raised by the subpoena to Mike Pence does not give rise to a legitimate constitutional question. Pence’s argument is predicated on the notion that because he was Vice President, he cannot be compelled to testify by a federal grand jury regarding his knowledge of a crime. Hogwash! If Pence witnessed Trump “shooting someone on Fifth Avenue,” could Pence legitimately invoke separation of powers to avoid testifying? No!

          Pence would object to the above example because it does not implicate his actions as Vice President. Fair point. How about this: The Senate is deadlocked on a piece of legislation proposed by Trump, who offers Pence a lifetime membership at a Trump golf resort if Pence breaks the tie by voting in favor of the legislation. Trump is subsequently charged with bribery. Is the doctrine of separation of powers a defense to Pence’s testimony before a grand jury? Plainly, not. The grand jury is not impinging on the constitutional duties of the executive branch or the former Vice President; it is performing the duty uniquely delegated to it by the Fifth Amendment (“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury”).

          Mike Pence is refusing to testify before the grand jury for two reasons. First, he suffers from the delusion that he might be elected president. Second, he is a coward.

More on the Wisconsin election to replace a state supreme court justice.

          Yesterday, I promoted an event by Focus for Democracy that explains how to effectively direct donations to a critically important but complicated election that may decide the fate of democracy in Wisconsin—and America. The event is on Sunday, February 19^th at 5:00pm PT/8:00pm ET (Register here: https://tinyurl.com/F4DFeb19).

          Talking Points Memo published a great background piece on why the Wisconsin election is so important. See TPM, Five Points On The Upcoming Wisconsin Election That Could Have Consequences For 2024. As noted in the article, the election could decide the fact of reproductive liberty in Wisconsin, gerrymandering, the 2024 presidential election, and (indirectly) bail reform and eligibility for Medicaid and welfare benefits. Check out the article.

          Separately, VoteRiders sent a note asking me to promote two job opportunities for staffers to help in the organization’s critical work of securing acceptable forms of ID for eligible voters. One opportunity fortuitously is in Wisconsin and the other is in Ohio. The job postings are below:

VoteRiders is hiring! VoteRiders is the country's leading organization focused on voter ID. Ahead of critical State Supreme Court elections in Wisconsin, we're looking for a Wisconsin Campus & Community Liaison to support our work in getting the word out about the state's strict photo ID laws to the voters who most need our help. And in the wake of Ohio's passage of one of the country's strictest voter ID laws last month, we're also urgently scaling up our work in the state and looking for an Ohio Voter ID Coalition Coordinator. Both positions are available ASAP. Please share these job opportunities far and wide with your networks and help us grow our team and protect the freedom to vote! 

A summary of Ron DeSantis’s anti-education efforts in Florida.

          It is challenging to keep up with the evolving efforts by Ron DeSantis to destroy the educational system in Florida. In his most recent gambit, he is threatening to ban all Advanced Placement courses in Florida (as part of his feud with the College Board over the African American Studies course). Vox has published a comprehensive summary (current through Tuesday, February 14) of DeSantis’s efforts. See Vox, What DeSantis is doing to Florida schools, explained.

Why support for Ukraine matters.

          Putin is so obsessed with absorbing Ukraine into “Greater Russia” that he has committed 97% of Russia’s army to the invasion of Ukraine, according to UK Defense Secretary Ben Wallace. See Newsweek, Russia Has 97 Percent of Army Deployed in Ukraine: U.K. Wallace added that the combat effectiveness of Russia’s army has been “depleted by 40 percent, and nearly two-thirds of their tanks destroyed or broken.”

          In other words, Russia has committed virtually all of its ground forces to the fight in Ukraine and has suffered grievous losses that will take decades to replace. The degradation in Russia’s military capability comes at a bitter cost for Ukraine but redounds to the security of Europe and, by extension, to the US. See Business Insider, Top US general says Russia has already 'lost' the Ukraine war and has paid an 'enormous price on the battlefield'.  

          But support in the US for Ukraine is waning, largely along partisan lines. See The Hill, Americans’ support for Ukraine aid slips in new poll. While there are strong grounds for concern about the cost of the war in terms of casualties and funding, walking away from Ukraine now would ensure a Russian victory—and justify Putin’s near-destruction of the Russian army. While you can count me among the millions who believe the US defense budget is too high (by a LOT), if we have committed that money to defense in all events, it is difficult to see a more effective use of our defense funds than supporting the efforts of Ukraine to stop Russia expansionism in Europe.

More action from special counsel Jack Smith.

          Special counsel Jack Smith continues to call witnesses to testify before federal grand juries. Today, we learned that Mark Meadows has been subpoenaed to testify before a federal grand jury investigating the January 6^th insurrection. See Bloomberg, Former Top Trump Aide Mark Meadows Subpoenaed in Jan. 6 Probe. Joyce Vance has provided a great summary of the witnesses and legal issues raised by Smith’s efforts to force them to testify. If you are into the legal details, Vance’s discussion is a superb source. See Civil Discourse, Lots to See Here.

          The fact that we are learning about multiple high-level administration officials being subpoenaed to testify is heartening. But it is disappointing to learn that Meadows is not cooperating with Jack Smith or, alternatively, that he is not a target of the criminal investigation. Vance discusses these subjects in more detail and concludes (appropriately) that we can’t know for certain what is going on. But at least something appears to be going on—which is a marked improvement over the prior two years!

Musk tells Twitter engineers to tweak algorithm so more people see his tweets.

          Everyone assumed (correctly) that Elon Musk bought Twitter because he craves attention. Musk proved that fact after Joe Biden’s Super Bowl tweets generated more “engagement” than Musk’s tweets on the Super Bowl—an indignity that sent Musk into a tizzy. He ordered Twitter engineers to tweak the Twitter algorithm so more people would “see” Musk in their recommendations (thereby increasing his engagement metrics). In other words, Musk is not only one of the world’s richest people, he is also a big whiny baby. See Business Insider, Twitter Boosted Musk's Tweets After Biden Got More Engagement: Report

          As explained in the Business Insider article, Musk was so upset about Biden getting more attention on Twitter than Musk,

Musk asked 80 engineers on Sunday night [of Super Bowl Sunday] to begin working on a project that would ensure his tweets would also get significant engagement — and if they didn't they would lose their jobs.

          As they say, money can’t buy everything—including maturity, confidence, and self-esteem.

Concluding Thoughts.

          I am traveling, so will keep this brief. I flew more than a thousand miles over four US states. Every time I see America from the air, I am reminded once again of our nation’s vastness, grandeur, and tranquility. From 30,000 feet, the divisions disappear, and it becomes apparent that we are joined as a people by the land—like it or not.

          With apologies to Robert Frost, we belong to the land, the land does not belong to us. That sentiment gives me enduring hope that the land we call America is not yet done molding us into a people of goodwill and common purpose.

Talk to you tomorrow!