Biden's steady hand.

February 16, 2022

[Audio edition here]

          The situation on the Ukrainian border became even more confusing on Tuesday, but President Biden continued to manage the situation with a steady hand. Whatever happens, Biden’s leadership in this crisis has been everything we should expect from a president with substantial experience in foreign affairs. As noted below, Biden gave a brief but effective speech on Tuesday morning. Before turning to the substance of Biden’s remarks, it is worth noting that his address was measured, thoughtful, and firm without being bellicose. Indeed, Biden offered an olive branch by addressing the Russian people directly, saying, “You are not the enemy.” During a fraught time, Biden’s speech was confidence inspiring—a moment of calm and rationality amid the din. Watch his entire speech on YouTube, Biden addresses nation on Russia-Ukraine crisis

          Biden’s speech came after an early-morning remark by Putin, who claimed that Russia was withdrawing “some” of its troops from the Ukrainian border. Shortly thereafter, Biden provided a 10-minute “update” that kept the door open to negotiation, but that also made clear the U.S. would not compromise on fundamental principles of sovereignty or self-determination for any nation. Biden also said that the U.S. had not been able to verify Putin’s claim that Russian troops were withdrawing from the Ukrainian border. Biden’s caution was warranted. Late in the day, ABC News reported that Russian troops were advancing toward Ukraine—not retreating—as Putin claimed. See ABC News, Some Russian troops moved to firing positions near Ukraine, Putin said be ready by Feb. 16: Sources

          Biden’s strategy of complete transparency about intelligence being obtained by the U.S. continues to draw critics. Ukrainian President Zelensky joked about the constant warnings by claiming (sarcastically) that Russia would attack on February 16th as some in the U.S have predicted. Journalists in the U.S. have taken Zelensky’s cue and are writing snarky articles that effectively criticize Biden for being too transparent. See

Jonathan Guyer writing in Slate, Enough with the Ukraine war predictions. A day later, the Ukrainian Defense Ministry was hit with a cyberattack, as were major Ukrainian banks. Combined with the forward movement of Russian troops, the potential for invasion is no laughing matter. And the threat won’t go away because the media is bored by the story. If Biden’s measures are effective in deterring Russian aggression, expect the press to claim that he was “the boy who cried wolf,” rather than the President who called Putin’s bluff.

          As always, there is no way to predict what Putin will do, so don’t take comfort from any of my remarks. Putin is capable of doing anything—and probably will, given enough time.

Remington Arms pays $73 million to families of victims of Sandy Hook Massacre.

         The insurers of Remington Arms paid out the entire limits of Remington’s insurance policies to families of victims of the Sandy Hook massacre. See story in Forbes, Remington Paying $73 Million To Sandy Hook Victims’ Families In Lawsuit Settlement. The settlement is a testament to the courage and perseverance of the victims’ families. The model for their victory is instructive for other families of victims of gun violence. Remington declared bankruptcy twice—the second time because of the pending litigation by the Sandy Hook victims’ families. The creditors of Remington bought the company out of bankruptcy and entered into the first-ever settlement with victims of gun violence.

          The economic consequences of this verdict will be significant for every gun manufacturer who sells assault-style weapons in the U.S. Those companies can only do business if they can shield themselves—and their executives—from ruinous damage awards by purchasing insurance. Insurers who write policies for gun manufacturers are now considering whether to continue doing so—and at what price. Let’s hope that increases in insurance premiums force manufacturers of assault-style weapons out of the U.S. market.

Another loss for Trump in the courts.

          You may recall that Trump raised a tremendous amount of money to fund an underwhelming inauguration. The Inauguration Committee failed to account for much of the funds raised for staging inaugural events. The Attorney General of the District of Columbia filed a civil suit claiming that the Inaugural Committee improperly used “tax-free funds to improperly pay the Trump Organization and members of the Trump family.” The complaint initially included the Trump Organization, but it was dismissed. A judge has just reversed that dismissal and added the Trump Organization back into the lawsuit. See MSN, A judge just handed Trump a major loss in the DC attorney general’s lawsuit over inauguration funds as the case heads to trial. The case is now headed to trial and the star witness will be the former First Lady Melania Trump’s “best friend.” Melania, of course, appointed her friend to the inaugural committee, who is now willing to testify about the commingling of funds between a tax-exempt organization and the Trump Organization.

Bill Barr’s Special Counsel is now using court filings to spread misinformation.

          The backstory here is complicated, so I will try to distill it into the essential facts. Sorry if this sounds like Hemmingway: Barr appointed John Durham to investigate the investigators. Durham fished for sixteen months. He caught almost nothing. He is angry. Durham filed a statement with the court. It suggested a mysterious I.T. specialist “exploited” access to “the Office of the President.” The GOP blogosphere went wild. They said, “Democrats were spying on Trump.”

          The problem is that Durham’s intentionally vague statement to the court is misleading. See Talking Points Memo, Durham Accused Of Stoking Trumpy Conspiracy Theories In Blistering Counterattack By Target Of His Probe. It is true that the I.T. specialist in question “accessed the Office of the President”—when Obama was president, not Trump, a fact known to Durham. Moreover, the I.T. specialist has told reporters that

          He examined data from the Executive Office of the President while Obama was in office, and that it was part of an attempt to see whether there was malware on White House servers — a job for which he had been hired.

          Gosh! When you put it that way, it almost sounds innocent and routine—which is what Durham wanted to avoid by omitting important details in papers filed with the court. He is tired. The sea is wide. He needs to fish elsewhere.  

House Select Committee sends subpoenas to “phony electors”

          The January 6th Committee has sent subpoenas to “current and former Republican officials in Pennsylvania, Arizona, and Michigan as well as to two advisers to President Donald Trump.” See WaPo, “Jan 6 panel issues six new subpoenas.” Given that several state attorneys general have asked the DOJ to investigate the fraudulent electors, we should expect that every one of the targeted witnesses will invoke their Fifth Amendment rights against self-incrimination on the advice of counsel. While that outcome will be frustrating, the mere fact that they are now concerned about potential criminal liability should help dissuade others from attempting the same fraud in 2024. Good.

The case for reforming the Electoral Count Act.

          After blocking the John Lewis Voting Rights Act last month, Republicans turned their attention to reforming the Electoral Count Act. Many Democrats complain that reforming the ECA is not a substitute for passing voting rights protection. While that complaint is correct, it doesn’t mean that we should refrain from amending the ECA. The Act is a mess and may be unconstitutional to the extent that it gives Congress the power to decide which electoral votes “count” towards electing the president. See Michael Luttig op-ed in NYTimes, The Conservative Case for Reforming the Electoral Count Act - The New York Times.

          Although I don’t agree with all of Luttig’s arguments, his conclusion is unassailable: Both parties should strive to improve the Electoral Count Act to insulate the process of electing the president from partisan meddling during the count of electoral ballots. This topic will remain current for some time, so Luttig’s article is a good place to start if you are unfamiliar with the Act or the arguments for amending it.

Concluding Thoughts.

          It took nearly a decade for families of the Sandy Hook victims to secure the first measure of accountability for the killings of their loved ones. During that decade, Congress has done nothing to regulate weapons of war in the hands of people who are unfit to drive a car, much less own an assault rifle. The accountability was achieved because of the unflagging efforts of a small group of advocates who were backed by larger (but still small) organizations.

          As many of us are rightly consumed by efforts to preserve democracy, others are working every day to reduce gun violence. Theirs is a sacred mission that demands a particular strength of spirit. They look at the carnage of innocent lives and choose to continue working against all odds to achieve gun safety reform. All of us benefit from their undaunted devotion, and we owe them a debt of gratitude.

          There are many worthy organizations involved in gun safety efforts. If you have supported such an organization in the past, consider renewing your support. If you are looking for an organization to help, check out Everytown Law, which describes itself as “the largest team of litigators in the country dedicated to advancing gun safety in the courts and through the civil and criminal justice systems.”

          The effort to achieve gun safety reform may seem daunting. But the families of the Sandy Hook victims have just given us living proof of Margaret Mead’s inspirational saying,

Never underestimate the power of a small group of committed people to change the world. In fact, it is the only thing that ever has.

          Indeed!

          Talk to you tomorrow!