Getting tough(er) on Putin.

April 21, 2022

[Audio version here]

          A reader noted in the Comments section to yesterday’s newsletter that I did not discuss Ukraine and urged me to keep Ukraine top of mind. I agree. I responded to the reader that I am struggling to find the right balance in covering Putin’s war on the Ukrainian people. The situation in Ukraine is both an urgent humanitarian crisis and a threat to global peace and security—and will likely remain so for years to come. The reader is right: We must not look away or lose our capacity for outrage.

          Please help me find the right balance in a newsletter that is primarily dedicated to urging Americans to counter the threat from reactionary political forces in the U.S. If you are a paying subscriber, you can share your thoughts with everyone in the “Comments” section of the newsletter (Click on the “Comment” icon above.) All readers can write to me directly by “replying” to this emailed newsletter version. Let me know what you think as I try to keep the newsletter relevant and responsive to the needs of its readers.

          Several readers urged me to discuss an idea being promoted by Professor Laurence Tribe regarding Ukraine. Professor Tribe advocates that President Biden “repurpose” nearly $100 billion that the Russian government has stashed in American banks. Because the funds have been frozen, Putin will never be able to access that money. As noted by Professor Tribe in a recent appearance on Lawrence O’Donnell’s show, the option of “repurposing” the money is available to Biden under current law without further action by Congress. See Laurence H. Tribe and Jeremy Lewin in NYTimes, Opinion | $100 Billion. Russia’s Treasure in the U.S. Should Be Turned Against Putin.

          Putin has inflicted tens of billions of dollars in damage on Ukraine’s infrastructure and private property at a time when U.S. banks hold $100 billion in frozen Russian assets. As Professor Tribe has said,

It is a scandal for that vast sum to remain frozen rather than immediately melted down into both swords and plowshares to help rescue and rebuild Ukraine, turning Russia’s largely ill-gotten gains against that government’s cruel and barbaric rape of an entire nation.

          Although the idea may seem radical, the U.S. has used similar measures against Iraq (2003), Iran (2012), and Venezuela (2019). Putin’s brutal war against the Ukrainian people justifies using Russian government assets to rebuild Ukraine and compensate its people for the illegal actions of Russia. As Professor Tribe wrote in the NYTimes,

Liquidating [the funds] now would not only be likely the fastest way to increase American aid to Ukraine without further burdening and fatiguing American taxpayers. It would also send a potent signal that the United States is committed to making even the world’s most powerful states pay for their war crimes.

          If you agree, help spread the word! Call your representatives in Congress (Senators) (Representatives), the DOJ comment line (1-202-353-1555), and the White House comment line (1-202-456-1111). If we can persuade Biden to repurpose $100 billion for the benefit of Ukraine, that single action may change the course of the war and preserve Ukraine’s status as a sovereign nation. Help spread support for Professor Tribe’s idea by sharing this newsletter (or Professor Tribe’s op-ed) on social media platforms.

In Ukraine today.

          Russia continued to act beyond the pale of civilized nations by blanketing the Donbas region with indiscriminate shelling—killing innocent civilians, leveling neighborhoods, and destroying infrastructure. Despite a punishing artillery campaign, the Institute for the Study of War’s (ISW) assessment for April 20th concluded that “Russian forces have not achieved any major breakthroughs, nor have they demonstrated any new capability to conduct multiple successful, simultaneous advances.”

          The ISW also reported that Russian forces “may be preparing to conscript Ukrainian citizens amid continuing recruitment challenges.” If Putin forces Ukrainians to join the war on behalf of Russia, the hostage conscripts will not add to the combat power of the Russian army. The conscriptions will also likely “provoke an uptick in protests and partisan actions against Russian forces in these regions.” Conscripting Ukrainians to fight against other Ukrainians shows Russia’s desperation as casualties and morale problems undermine its military capability.

CDC to appeal order enjoining travel mask mandate.

          The CDC asked the DOJ to appeal a federal judge’s order enjoining the CDC interstate travel mask mandate. The DOJ will not ask the Court of Appeals to stay enforcement of the judge’s order—so as to avoid creating a whipsaw for already confused travelers.

          I received dozens of emails and comments about the Trump-appointed judge who issued the order, U.S. District Court Judge Kathryn Mizelle. Most readers sent a link to a story by NPR that highlighted Judge Mizelle’s inexperience before being elevated to the bench. See NPR,  What to know about Judge Kathryn Mizelle, who struck down the travel mask mandate.

          Judge Mizelle was only 33 years old when confirmed as a federal judge. Of her nine years in practice before becoming a federal judge, she served in the Tax Division of the United States Department of Justice for three years, clerked for four different federal judges, and worked in private practice for only nine months. Her lack of trial experience prompted the American Bar Association to state that Mizelle “did not meet the requisite minimum standard of experience necessary to perform the responsibilities required by the high office of a federal trial judge.” She is (of course) a member of the Federalist Society.

          Mizelle clerked for Justice Clarence Thomas, who routinely selects law clerk candidates with the most conservative pedigrees. Thomas’s clerks frequently carry his reactionary conservative ideology into their post-clerkship careers. Other Thomas clerks include Fox News entertainer Laura Ingraham and coup-plotter John Eastman. Sadly, Judge Mizelle seems to be following Justices Thomas’s example of subverting law and logic to conservative ideology. Yet another reason to retain control of the Senate (forever).

Ron DeSantis is turning Florida into a battlefield of the culture war.

          There is no issue that Ron DeSantis cannot turn into a fight in the culture war. Last week, Florida refused to allow 54 math textbooks to be used by Florida school districts because they advanced critical race theory or used the allegedly socialist “common core” approaches to teaching math. (Fun fact: The common core was created by the National Governors Association (not the federal government) to ensure basic literacy in all states.)

          Dana Milbank examined math textbooks approved by Florida to determine why some math text books passed muster while others did not. See WaPo, DeSantis bans math textbooks to save Florida kids from being indoctrinated. Here is an example of a math problem from an approved math text:

          Problem: In an election, the Republican candidate gets 232 electoral votes, and the Democratic candidate gets 306. Who won? 

          Answer: It was rigged.

Please note: The above math problem is a joke. Florida would never adopt a textbook that included the word “Democrat.”

          Lest you believe that Milbank is resorting to satire, consider Florida’s upcoming effort to eliminate a special self-governing district created decades ago to lure Disney to Florida. DeSantis will abolish the district to “punish” Disney Corp., which will cause the transfer of $1 billion in debt to surrounding counties and eliminate $100 million in revenues to service that debt. See WFTV, Disney’s debt is about to be Central Florida taxpayers’ problem.

          So, Ron DeSantis should answer this word problem using Florida’s new “anti‑woke” math:

If you add $1 billion in debt to taxpayer obligations and subtract $100 million in revenue, on a scale of 1 to 10, how big of an idiot are you?  

Marjorie Taylor Greene to testify under oath about January 6th involvement.

          Well, this is rich: Marjorie Taylor Greene may be called as a witness as early as Friday of this week before U.S. District Court Judge Amy Totenberg to testify about her involvement in the January 6th insurrection. A group has filed a lawsuit claiming that Greene is barred from office by the 14th Amendment, “which states that if someone took an oath to defend the Constitution and then ‘engaged in insurrection or rebellion,’ they can’t serve in Congress.” See Rolling Stone, Marjorie Taylor Greene Is Terrified of Testifying in Front of Media.

          Fear of testifying under oath has Greene melting down on OAN like the Wicked Witch of the West. Greene is a bully who resorts to equal parts bravado and bombast in front of friendly crowds. But as the OAN clip demonstrates, her insecurity is already beginning to show over answering questions under penalty of perjury.

Podcast featuring the Republican Accountability Project.

          I interviewed Gunner Ramer of the Republican Accountability Project today. The link is here: Republican Accountability Project | Today’s Edition Podcast. I urge readers to listen to this podcast. It was refreshing and inspiring to hear the passion of Republicans who oppose Trump. The RAP website is filled with useful information. For example, for readers who are struggling with family members who have fallen under the sway of Trump, I highly recommend the video “testimonials” by Republican voters who have turned their backs on Trump. Hearing from Republicans who realized that Trump is not a true Republican may help your loved-ones arrive at the same conclusion. The conversation was fascinating. Check it out!

Concluding Thoughts.

          I received a handful of angry / upset emails from members of the progressive wing of the Democratic Party in response to my observation that Biden’s favorability ratings were dipping, in part, because progressives were frustrated by the lack of progress on important policy goals. Some described my comment as an “attack” on progressives, while several others suggested that progressives would stay home unless Biden resurrects portions of the Build Back Better bill. One reader sent a note assuring me that progressives would show up at the polls no matter what.

          I won’t try to resolve the differences between the various wings of the Democratic Party in my concluding thoughts. But I will note that the two most significant victories for the Democratic Party in the last decade occurred when the factions within the party joined in common cause to defeat Trumpism in 2018 and 2020. Despite the fact that Democrats currently control Congress and the presidency, the threat to democracy has not decreased since 2020. Rather, it has increased because Trumpists understand how close they came to overturning the 2020 election and are currently refining their battle plans for a second coup attempt.

          We cannot afford the luxury or privilege of debating when and how Democrats will deliver on promises that are broadly supported across the party. If we have any hope of realizing those promises, we must act with the same urgency and unity we displayed in 2018 and 2020. Indeed, it is not enough merely to defeat Trumpian candidates in 2022. We must expand our margins in Congress at a time when almost everyone believes that is an impossible task. That is an extremely tall order, but recall that gaining control of the Senate seemed like a pipe dream in December 2020 until the improbable victories of Jon Ossoff and Raphael Warnock.

          Biden would have achieved nothing during his first two years in office if we had listened to the pundits and given up in November 2020. Bernie Sanders showed us the importance of party unity when he enthusiastically endorsed Ossoff even though Sanders could not bring himself to describe Ossoff as a progressive. I understand the frustration and bitterness that some in the Democratic Party are experiencing at this moment (on both ends of the spectrum), but it is a moral imperative for us to set aside our differences in 2022 and 2024. The future of our democracy depends on our ability to present a united front—now more than ever. We can do that. We did it in 2018 and 2020. We can do it in 2022.

Talk to you tomorrow!