Living under one-party rule

May 4, 2023

          Much of the media spent Wednesday psychoanalyzing a text message that may (or may not) have been the last straw in the strained relationship between the Fox board of directors and Tucker Carlson. Whether that text was the tipping point adds nothing to what was already known about Carlson’s racist, white supremacist, conspiratorial views, so I will not devote time to speculating about the precipitating cause of Carlson’s demise. He is gone; we should celebrate.

          On a day when no single storyline dominates the news, I want to focus on the plight of Americans who live in red states with a GOP trifecta and a veto-proof advantage in the legislature. In a healthy democracy with two functioning major parties, that situation might not be intolerable. Sadly, in the US, citizens in the minority party—Democrats—are considered “fair game” as targets of discrimination, voter suppression, and cultural warfare. If you read the Comments section of this newsletter, you will see plaintive cries for help and attention from residents of Texas, Florida, Mississippi, and other red states.

          Maintaining a positive attitude and finding the fortitude to continue participating in electoral politics in such states is challenging. And yet readers of this newsletter who live in those states are some of the most active, dedicated, and vocal advocates for re-establishing the rule of law. They show up to vote when they are certain they will lose. They petition their legislators and statewide elected officials when they know their voices will be ignored. They donate, postcard, phonebank, and canvass in their state and other states. Their actions are noble and praiseworthy, even if rooted in self-preservation. They deserve our attention and thanks.

          We need to find ways through national organizations to connect with and support our spiritual kindred who are biding their time until this retrograde moment passes and they can become full participants in state democracy. If you belong to a chapter of a national organization like Indivisible, Sister District, PostCardsToVoters, 31stStreet/SwingLeft, Field Team 6, Vote Forward, or Giving Circles/The States Project, make a concerted effort to include Democrats who are stranded in a red state that denies them equal rights under the law. They will be overjoyed for the support, and their presence will enrich your organization. Check out the Comments section to connect with readers in red states who are looking for common cause with readers from blue states.  

          Bills in Texas and Florida demonstrate just how frustrating it can be to live in a state with one-party rule. In Texas, the GOP-controlled legislature passed a bill allowing the Secretary of State to invalidate an election in counties with more than 2.7 million residents. This criterion applies only to heavily-Democratic Harris County. See NBC News, Texas Senate passes bill allowing secretary of state to overturn elections in Harris County.

          The attempt to set aside elections in a single county based on conditions that could occur in any of Texas’s 254 counties violates the equal protection and due process clauses of the US Constitution. Any effort to set aside the votes of millions of Texas citizens based on the fortuity of their residence in one county would be overturned in federal court—even by the reactionary majority of the US Supreme Court. And yet it will take years to resolve the blatantly unconstitutional actions of the Texas legislature. In the meantime, Democrats (and Republicans) in Harris County, whose votes are uniquely subject to invalidation, have been demoted to second-class citizens.

          A different example arose in Florida, where the GOP-controlled legislature created an exception to the state’s robust “open records act” that would shroud Governor DeSantis’s travel records in secrecy not afforded any other state official (ever). See Talking Points Memo, Florida State House Votes To Hide DeSantis’ Travel Records As He Preps 2024 Announcement.

          The question of who is paying for DeSantis’s recent international travel is highly relevant. Are the citizens of Florida paying for DeSantis’s international junkets designed to test the presidential waters? Citizens of Florida will never know if they are footing the bill for DeSantis’s undeclared presidential campaign. The situation is a state-sanctioned scandal delivered with a legislative middle finger to the citizens of Florida.

          The scandal is worse because the partisan depravity is asymmetric. In states where Democrats hold trifectas, they are not targeting voter suppression efforts at Republican strongholds, nor are they insulating Democratic politicians from laws that apply to every other elected official in the state. The audacity of the GOP corruption and disregard for the rule of law and interests of their constituents is breathtaking.

          And yet . . . this too shall pass. If we look only at the short term, we can mistakenly surrender to despair. Anti-democratic measures will not endure over the long run. Democrats can prevail in statewide and national elections now, victories that will provide purchase for ultimate success. In the meantime, we must support our fellow democrats who are keeping watch over democracy during dark times in their states. Reach out to our fellow citizens and activists in red states to let them know they are not forgotten, and that help is on the way.

Trump and Hunter Biden.

          As Trump's legal woes multiply, Republicans will turn up the heat on the alleged Hunter Biden scandal—with a potential assist from the DOJ. The two situations are not alike, but Republicans aim to leverage Hunter Biden’s woes because he shares his father’s last name.

          As to Trump, he chose not to present a defense case in the E. Jean Carroll defamation/rape trial. Such a strategy is common because defendants frequently put on their case through cross-examination during the plaintiff’s case. However, there is some indication that Trump folded in the face of a strong case by E. Jean Carroll.

          Trump had listed a defense expert to testify on his behalf—a psychiatrist who would presumably attack the mental state, motivation, or memory of E. Jean Carroll. But Trump's attorney said on Wednesday that the psychiatric witness could not testify because of “health issues.” That is legal jargon for “My expert wouldn’t provide the testimony I had hoped for, so I won’t be calling the expert.” See USA Today, Donald Trump won't put up defense witnesses in E. Jean Carroll rape and defamation case.

          The decision not to present a defense case is a sign of weakness. Trump's attorney rightfully concluded that any effort to put up a defense would make matters worse for Trump—never a good sign. None of this means that E. Jean Carroll will win. Juries are unpredictable. But an impartial observer should rationally conclude that Trump is likely to lose the case, giving his opponents the right to say a jury concluded that he raped E. Jean Carroll and lied about it.

          The Republican response will be to attack Biden with renewed vigor. Indeed, they are vibrating in anticipation of a verdict against Trump. House Oversight Committee Chairman Rep. James Comer has issued a subpoena to the FBI and DOJ for an alleged whistleblower claim asserting that Joe Biden accepted money as Vice President from a foreign national in exchange for policy favors. See National Review, FBI Whistleblower Form Reveals ‘Criminal Scheme’ Involving Joe Biden, Foreign National, Comer Subpoena Claims.

           Like other Joe Biden conspiracy theories, the alleged facts will likely evaporate on closer scrutiny. But in the meantime, Rep. Comer will make irresponsible and baseless statements designed to distract public attention from a jury verdict confirming Trump's status as a rapist.

          All of this is complicated because the DOJ is reportedly wrapping up a five-year investigation into Hunter Biden. See CNBC Politics, Hunter Biden probe: Prosecutors nearing decision to charge him. Per the report, the DOJ is considering charging Hunter Biden with failure to report income and making a false statement in a gun permit application. Neither charge is scandalous nor relevant to Joe Biden but be prepared for wall-to-wall coverage if Hunter Biden is indicted or agrees to a plea deal.

          The confluence of indictments against Trump and Hunter Biden in addition to the House Oversight Committee investigation into Biden’s alleged influence peddling will make for a wild summer of political reporting. Perhaps Biden can convince CNN to televise a town hall in Delaware with an audience of progressive Democrats.

          One final note about Trump's relative vulnerability heading into the summer. Trump has indicated that he will not attend the first two Republican debates. Perhaps he believes the free publicity from CNN’s town hall makes debate appearances unnecessary. Or perhaps he is afraid of answering questions from a moderator before an audience that is not stacked with supporters. That is what Chris Christie thinks. See The Hill, Christie on Trump possibly skipping debates: ‘Obviously, he’s afraid’

          Every self-respecting reporter will ask Trump about those developments as Trump collects indictments and adverse jury verdicts. Trump will respond by attacking the reporters and throwing them off Trump Force One—which is precisely what he did to NBC’s Vaughn Hillyard when the reporter asked Trump about the Manhattan indictment over hush money payments. See Fox News, Trump kicks NBC reporter off plane, slams network as 'fake news:' 'Get him out of here'. Trump can employ that strategy a limited number of times before he runs out of a press corps willing and able to follow him on the road.

Concluding Thoughts.

          There are other stories that deserve attention (drone attack on the Kremlin and shooting in Atlanta), but the news on Wednesday was slower than most days. So, we should all take a break, catch our breath, and recognize that our lives are not controlled by the two-hour news cycle that fuels the media landscape. An apocryphal story tells of a reporter asking Chinese Premier Zhou Enlai what he thought of the influence of the French Revolution. Zhou allegedly responded, “It’s too soon to tell.”

          Although the retelling of Zhou’s response is not accurate, the response has the virtue of truth. We will one day look back on this retrograde spasm of MAGA extremism and recognize it as a temporary and limited period of retrenchment in reaction to a half-century of progress that began with the Civil Rights Movement of the 1950s. It is difficult to recognize the transient nature of our current challenges as we are being buffeted by reversals and disappointments. But every disappointment is offset by two victories (or more). We have every reason to be hopeful.

          The tide has turned against MAGA extremism—as evidenced by the increasing stridency and self-defeating cruelty of legislation emanating from states under the iron grip of one-party rule. If Republicans were not worried about their future, they would not be acting as if this is their last chance to pass their religious and social agenda despite strong public opposition. We are winning. That is difficult to see on some days, especially for Democrats living in red states. Have confidence and keep up the fight. Time is on our side!

Talk to you tomorrow!