108 Comments
Jan 2Liked by Robert B. Hubbell

" if politicians say, “Let the people decide,” when the Constitution says otherwise, they are supporting “a transition to authoritarianism.” The people should decide—except where the Constitution has already spoken—as it has here."

I will add: Thomas Friedman's December er 29 NY Times column "What is Happening to our World?" unintentionally persuaded me that allowing Trump on the ballot is dangerous to democracy. Friedman pointed out that in 2006, many Israelis argued that Hamas should not be on the ballot in Gaza because they refused to accept the Oslo accords. The GW Bush administration insisted Hamas be on the ballot to demonstrate that they were unpopular. They were unpopular. They won the 2006 election in Gaza because Fatah foolishly ran several candidates for each jurisdiction.The next year Hamas took control of Gaza's government violently and has not held an election since. Hamas's focus has been on the destruction of Israel.

Similarly, Trump should not be on the ballot for 2024 because he has refused to accept the results of the 2020 election. Should he win, perhaps by winning the electoral college while losing the popular vote, he will go about destroying the United States of America.

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Leonard, Aside from amplifying Friedman’s astute comparison, I would note I, too, fear, by caving to those who would view efforts to enforce Section 3 of the 14th as political, we run the risk of a currently confirmed insurrectionist returning to power, rendering laws inscribed in the 14th to prevent it irrelevant.

I, further, would add, given third party candidates, if no one were to reach the 270 electoral vote threshold, the decision could revert to the 119th Congress—the House deciding the Presidency, the Senate the Vice-Presidency. It should be noted that currently House Republicans control 26 delegations and Democrats 23, with each getting 1 vote. While we have time to flip some delegations, to date, though I have provided the most likely prospects, I’ve not succeeded in generating any interest from parties who could have an impact.

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I have a problem with the "let the people decide" argument. Like it or not, the bell has already been rung. CO and ME have decided against the Defendant's appearing on the primary ballot (although they both stayed that to the likely conclusion that he will appear due to printing deadlines).

This must now be decided by the US Supreme Court. Anything short of that would disenfranchise voters, either those who want to see the Defendant on the ballot or those who filed suit or challenges against it in CO and ME. You can't unring the bell.

p.s. I believe ME's decision could be reversed by lower courts, but CO's cannot.

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Printing deadlines are a copout. In this era where everything is computerized, the ballots can be updated at the last minute and any contractor worth their fee will get the job done. I realize that the physical time required to print several million ballots is substantial, but that still doesn't preclude presently corrected ballots to the voters when they come to the polls. The system in use in St. Louis County, MO makes it even easier; we print a ballot for each voter as they sign in, so the time needed to make changes is limited only by that required to enter and upload the change.

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I respectfully disagree that it's a copout, and that's not the point anyway. CO and ME have made decisions, and they stayed their own decisions likely rendering them moot, pending appeals. If either state started changing deadlines or methods of voting, there'd be a whole new round of lawsuits. Bottom line, the Supremes need to weigh in, if not before the primaries, at least the general. Then, right or wrong, their decision will be final and binding on all.

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There's no doubt about the bottom line, and the sooner the Court decides, the better.

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Yup! Then we can get on with it. I think the whole 14A-3 thing has been a big distraction and yet another thing for the Defendant's "echo"lytes and "sicko"phants to rally around. I wish Luettig and Tribe hadn't weighed in. But if wishes were horses, we'd all be up to our necks in horse$#!+. Hmmm, I guess we are!

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I asked for a shovel for Christmas. Both parties have been looking for a "Get out of Trump Free" card almost since he first appeared on the scene but neither seems to want to recognize that the only way out is to beat him soundly at the polls. Court action at any level remains icing on the cake.

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We lost Carolyn Maloney to that technicality!

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I don’t think it’s the printing as much as some “ruling” that things have to be posted and presented to the people by a certain frame before said election?

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Could very well be, that's why I suggested it's a copout, because one arbitrary ruling can be set aside by another. It's not always a bad thing either; changes made during the Covid election benefited a lot of people.

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Which reminds me of the “respect for deadlines” issue. Harking back to the 2000 Bush v. Gore season, a hurricane or similar event would have caused all sorts of legal deadlines to be abandoned in favor of practical realities. But unprecedented difficulty in re-counting ballots was not allowed to extend any deadlines, so said the Supremes.

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Recall Scalia’s ‘not to be found in the US Constitution ‘ response to his decision giving L’ll bush the presidency’…. a delay in announcing the results of the election would taint his presidency’! Indeed shrub was up tot he task of tainting his own tenure!

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The real fear in taking Trump off the ballot is him telling his supporters the election was rigged and him making himself a martyr and maybe a write in candidate. Most voters don’t understand the constitutional issues.

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founding

A write-in vote for an ineligible candidate is no vote at all. It’s like staying home.

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Yes, even if he receives the most votes as a write-in candidate, he does not win. He is ineligible to win due to being an insurrectionist.

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Is that true? i wondered about it!

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Trump will not abide by the rulings of any court unless they agree with him.Similarly,taking him off the ballot will only encourage him to rally his deplorable supporters that he has, once again, been treated unfairly.He clearly is not eligible to be on any ballot due to Section 3 of the 14th Amendment of our Constitution. He participated in an insurrection which renders him ineligible ,forever, to hold public office again even if it is for the office of dog catcher.I read Jeff Tiedrich’s poignant and salty Substack earlier today and it lays this out in no uncertain terms.I wish I knew how to share this link but it is something we all need to read.

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Is this the one you refer to? https://www.jefftiedrich.com/p/free-clue-you-cant-fight-fascism

To share, highlight the URL in the 'address box' (https://......), Copy (Ctrl-C or drop-down menu), then go to where you want to share it and Paste (Ctrl-V or drop-down menu).

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Also thank-you for showing me how to share these things.I have felt I was at a disadvantage not knowing how to do this.

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Yes!Thank-you for finding it.The writing is salty but he is spot-on! What do you think?

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I agree but wish he was far less liberal with the F... word. I'd share him on FB more without its occurrence in (it seems) every other sentence. I feel that that would be a big turnoff to many in my FB feed.

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Yes he does throw out many F bombs but his point of view is right on the money every time imho

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This is the fear of who exactly?

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The state legislatures and the Supreme Court

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I have sent Thomas Friedman’s piece that you mention to many people. I thought it was brilliant.

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Besides, Trump can't run 3 times for president

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He can't serve three times. He can run again if we don't stop him.

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Not long ago, Robert presented us with an astute remark from American Novelist Rebecca Solnit. “Voting is a chess move,” she stated, “not a valentine.” Admittedly, I’ve recently arrived at an unexpected conclusion, namely, that contrary to Biden, for whom votes largely are a chess move, votes for Trump principally are valentines.

To further clarify, Trump, contrary to any other current political actor, has built an actual movement. Trump’s illiberal orthodoxy notwithstanding, he is a masterful organizer, who, by stoking the grievances (many legitimate) of a substantial swath of the country that doubts politicians, by and large, care about the wreckage of their dreams, singularly has created an experience for his followers bigger than their individual selves that binds them, albeit it in an authoritarian bind, to a community.

Accordingly, my comment is an urgent call for Democratic leadership, drawing upon its long history of building social movements, likewise, to erect an infrastructure—but one rooted in mutual respect and social accountability—for a nationwide pro-democracy movement grounded in its fidelity to the rule of law, the Constitution, and the overall public good. My point is that our side, too, requires a kind of public awakening that allows us to transcend our egocentric predicaments and connects us to an immeasurably critical sense of what it is to be a citizen among citizens.

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Barbara Jo,

Here I go again - vehemently agreeing with you! Yes, wake up the public. To the threats of authoritarianism and intolerance.

Trump and his MAGA gang have built a culture, a movement based on grievance. And as you said, many of these complaints are legitimate.

I keep proposing that Democrats steal a page from the very, very effective GQP playbook. When you see a competitor using a technique, service, product or system that works, you should take note.

Millions of Americans are suffering. Democrats are not acknowledging it. Instead we are focusing on all the great things that the administration has done and are doing. AND THEY ARE GREAT. We SHOULD be proud.

But people want to know why our country spends so much more on medical care and so many people can't get an appointment with a doctor. Families are one health emergency away from bankruptcy because they can't afford health "insurance". The entire system is rigged for corporate profit - not care for humans. Scream about the injustice!

Why are programs for child nutrition being scaled back? Feeding kids is not a good idea? Talk about a campaign opportunity!

People want to know what the solution to the child care crisis will be. Families are going broke paying for it if they can find it...or mom is staying home - sacrificing income and career status. It's as if Republicans want a world of the 1950's - mom, home in the kitchen where she belongs?!!

People want to know how they can better care for their elders. Why isn't there a vibrant home care system to keep their parents at home? We could save billions by helping folks - instead we fund a "nursing home industry" that is getting their share holders and owners rich!!!

Why aren't we working on making education more affordable for everyone? Why are so many talented young people unable to get the education that could help America better compete in the world of tech, science, medicine and climate adaptation??? We are sliding in the international measures of education. That should make us angry! And who blocks funding for education??!!

Why is there talk from the leader of the House of Representatives about making America a "Christian Nation"? No alarm bells in our heads? Good grief.

All of the "legitimate" concerns above and more are perfect ways to bond with, commiserate with and create a movement with the average American family. Instead, we talk about how low our unemployment rate is and how inflation is abating. These are good things. But they are abstract stats. You can't eat stats.

We should be COMPLAINING because that's what people identify with. That's how the MAGA movement gets its fuel. But we shouldn't just complain. We need to explain that Democrats have been working on these problems for years - but AT EVERY TURN, we are BLOCKED by Republicans who don't really care about the average working family. Vilify the party that wants wealth for the wealthy and offers nothing for the majority!!

Time to develop a legitimate attack on "Republicans Against Families".

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Bill, Because you and I went several rounds a day or two ago on these same issues on Richardson’s LFAA, suffice it to say I hope as many as possible join us in appealing to our respective representatives plus Democratic leadership at-large to amplify not only achievements but drafted legislation that received zero Republican support that would have helped to remedy much of the country’s grotesque inequalities of wealth and income.

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Bill- absolutely! But here's one of the problems - they don't read/view/listen to the media platforms that would spread these messages. They don't peruse the NYT/WP. They don't watch CNN or MSNBC (not that they're always accurate) or any other fairly evenhanded news outlet.

They don't READ and instead largely rely on their GOP or MAGA 'representatives' to interpret and distill/slant news for them.

Relentless press conferences with a STRONG speaker and focused agenda would be an improvement. Developing strategies to address the more concrete issues people have would kinda help, too.

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That's why all of these substacks are just navel gazing and a place to commiserate or group therapy. If someone is voting for Mar-a-Lardo at this point, nothing is going to change their mind.

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Wow, you really put it on the line Bill. When do you report for work at Biden HQ?

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Sadly, these issues are real, and must be addressed. As you know, though, Bill, the Democrats in congress have no luck passing bills on these vital issues. THAT needs to be reported. And is why we must win the down-ballot contests, as well as voting in Democratic candidates to the House and Senate. I read your "optimistic coffee" comment this morning, and I am drinking my optimistic tea. As Robert says, we have every reason to be hopeful, but no reason to be complacent!

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founding

There is a nationwide pro-democracy social movement. It’s the Democratic Party.

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Jon, My point is, since Bernie Sanders, particularly in 2016, we have had no movement on the left sufficiently as cogent and ubiquitous as MAGA. Hence, my call for Democratic leadership, receipts in hand, without a script, from the heart, to go make the argument, particularly in battleground states, uniting, inspiring, and energizing people, who know we are under threat, to commit to participating in saving our democracy and also, hopefully, waking up those asleep to the necessity and urgency.

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Your assuming that this does not exist today and I suggest the ground work has begun and it’s going to see the light of day shortly.

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I am also drinking "optimistic coffee" this morning. But as Robert has suggested in the past, we have every reason to be optimistic, but no reason to be complacent.

As my comment indicated, we need to kick our game up several notches. It is time to call out the GQP for what it is: "The party of the rich and famously selfish".

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Stephen, I’m well aware of increasing efforts to coordinate grassroots pro-democracy movement initiatives, and I applaud this effort. Still, the work largely is invisible to the public-at-large, a reality that only will change if standout political figures, as I just wrote to Jon, who is part of this thread, go make the argument nationwide, uniting, inspiring, and energizing people, who know we are under threat, to commit to participating in saving our democracy and also, hopefully, waking up those asleep to the necessity and urgency.

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I think many of us are frustrated by the lack of messaging; yet we are hopeful that our party will begin to publlicize what is going on in the Republican party and how they have NO PLAN for the future, no agenda. When compared to Trump and the far-right caucus in the House, President Biden's accomplishments are so impressive. Not enough people know about these, and if we could advertise his success in spite of the roadblocks he has faced., perhaps more people would be informed. And they should not just mention "The Infrastructure bill." They need to advertise the effect that bill is finally having on regular people who are getting higher-paying jobs and are therefore more comfortable financially. That is not happening.

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You're :)

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The Dems MUST do something to counteract this movement. I am active in the postcards to voters as many others are. But the Democratic National Committee must start putting commercials on tv, etc, and acting like there is a dumpster fire happening in this country. So far, I am not impressed at all.

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Jan 2Liked by Robert B. Hubbell

The let the voters decide argument continually overlooks the fact that the voters DID decide, Trump criminally and violently attempted to overturn an election and is now being held to account for those crimes. The fact that he is already floating the idea that republican primary votes may also be "rigged" against him says everything we need to know about this unhinged nitwit. The full force of the constitution and the rule of law must be brought to bear against MAGA and all its enablers.

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Jan 2Liked by Robert B. Hubbell

What I don't understand is how so many Democrats (or voters leaning Democrat) is why they criticize the only presidential candidate who can save us from Trump. No matter what voters see as Biden's weaknesses, he is exponentially better than the alternative. Biden is old. Biden has made some mistakes as president. But he is a decent, compassionate man who cares about this country. We must remember that when voting. Nothing else matters.

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Ellen, I was reading some remarks from commenters on a Michael Moore podcast. Moore is obviously left of center, but he was making the point that Biden, in three short years, has accomplished quite a bit under the most difficult of circumstances. Of course we would like him to have done more, but he’s dealing with a very difficult GOP Congress. Unfortunately, so many of the remarks were from what I will call “entitled” people who appear to have no clue how a third-party vote could literally destroy this nation. They were taking aim at particular things that Biden has not done; for example, he should’ve stopped all drilling and fracking by, apparently in their view, snapping his fingers to do so. They are also blaming him for the carnage in Palestine, as if he were somehow in Netanyahu‘s cabinet making these decisions.

These are people who are living in some kind of delusional cloud, and their animosity was palpable. They are completely unable or unwilling to see the big picture. Several of them said that they want Trump to win to “teach this country a lesson.” I cannot think of a more disgustingly unpatriotic thing to say or do. I came away from reading those comments feeling absolutely sick. Among the comments were also a number of antisemitic remarks concerning Israel, which showed their complete lack of historical perspective about the state of Israel, and how and why it was founded. They lack the perspective to understand that Jewish people are indigenous to that area going back millennia. They see them as colonists who have taken away the native Palestinian home.

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It is constantly a surprise to me how many people have what I think of as the "Bernie Sanders aggrieved voter syndrome." His followers were so bitter after he was not chosen as the Democratic nominee for President in 2016, they talked about not voting in protest and other responses that could well allow a Republican to win.

This is the same as what you refer to as "people living in some kind of a delusional cloud." They seem to have blinders on like a horse pulling a wagon who cannot see what is going on around it, but just focuses on what is directly ahead in its view.

Given the many voters who would want our democracy to continue but who are totally oblivious to the many critical issues that require that they vote for Biden, I wish the White House would use their "bully pulpit" to have what some have called "fireside chats" ala Franklin Roosevelt.

President Biden could have one a week, publicize it widely, and make crystal clear, fairly brief, hard hitting factual comments about different issues each week concerning what "democracy lovers" need to know about the upcoming presidential election. He could refer each time to a website that voters could visit to remind them about the contents of his weekly chats.

Biden has good speech writers and it's time to put them to work in the most important election of our lives. By November, 2024 there should be very few voters have not heard that our country needs them to vote for Joe Biden if they want our Democracy to continue.

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I agree with all of this. Although I didn’t call them fireside chats, but I really like that term, I’ve been suggesting that President Biden have Oval Office television appearances of maybe a half-hour each to discuss the implications of a Trump presidency, as well as his accomplishments and what he plans to do in his next term. I think he’s assuming that everybody understands this, but they don’t. As for the aggrieved Bernie voters, I voted for Bernie Sanders in the primaries, but I don’t spend my life being angry over losing. I do think the DNC played a role in ending his candidacy, but that’s another argument all together. I’m curious to see how well the far left is going to do under an authoritarian regime that they helped to usher in. Good luck to them. These folks behave like spoiled toddlers having a fit in the grocery store because mom won’t buy them candy. Biden has done a remarkable job, and he has passed more positive environmental legislation than anyone prior to him. These people clearly do not understand how government works.

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Jan 3·edited Jan 4

Biden could literally go to MTG's district in Georgia and hand out UI, and those people still wouldn't vote for him. None of this is going to change someone's mind. No fireside chat, no half hour performances from the Oval Office. We need activists and boots on the ground talking to people at diners, at schools, at local events etc. all with the same message...freedom or fascism. The rest is just talking to the same people that are already voting for him.

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I’m not talking about people in MTG’s district or anybody who is lost to MAGA. They are a lost cause and I never considered them part of the equation of changing people’s minds. I never said I ruled out on-the-ground, local action either. I’m talking about things that Biden can’t do. Biden isn’t going to go door-to-door. What I’m saying is that there are persuadable moderate Republicans, independent voters, and people on the left (who are disenchanted with Biden for various reasons). There are ways to reach those people through short, televised speeches, as well as the actions you describe. And I assume you meant Georgia instead of George. My phone app spellchecker often changes words on its own. It has a mind of its own.😊

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Jan 3·edited Jan 5

There isn't a time in Bernie's history where he was ever going to be president. Ask a Bernie supporter what he's actually done for his own state. Crickets. He's switched parties knowing his (independent) supporters couldn't vote for him in a primary, he couldn't get single payer healthcare done in VT, couldn't get gun legislation done in VT...and the list goes on. But they've never really been interested in facts. And now in just a few days he's flip flopped on Israel, as someone said above, like he's in Netanyahu's cabinet. I want him to vote with democrats but otherwise STFU already....

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One of today's phenomena is that Marjorie Taylor Greene gets massive air-time and re-tweets and, at the end, front-of-mind coverage in the media. How has she earned this? Are we really and truly the country of the Kardashians? Are brain power, thoughtfulness, decency no longer the most important things when people listen? Please explain how anyone pays her any mind at all???

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Of all the MAGA reps, MTG scares me the most, her lack of smarts notwithstanding. Many MAGA's go along for the ride and it's income/popularity bump. MTG has mentioned in an interview she just "wanted to be heard". I take that to mean no one took her seriously prior (probably because they knew she was full of it).

I sometimes cringe when people take cheap shots at her - she's low hanging fruit, for sure. But I'm way more concerned she's morally vacant enough to light the tinder beneath her enemies tied to a stake. She's a dangerous creature, but she makes/sells news in all the wrong ways.

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Morally vacant seems apt

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Fabulous unbridled hope, common sense, and a refusal to be cowed by bullies: these are the qualities I have come to love in your reports, Robert.

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Jan 2Liked by Robert B. Hubbell

By the numbers:

Elections, being about numbers, we have overwhelming reasons to be confident about 2024 results.

Remember, in 2020, during COVID, Joe Biden defeated TFG by 7 million votes. 81 million to 74 million......

Rather than obsess over current poll results of 1000-3000 respondents, consider these points.....

By Nov. 2024, 16 million new 18-22 year old Americans will be qualified to vote compared to 2020. It's likely +8 million (50%) of those young people will register and vote. It's also likely 6 million (75%) will vote for Biden and Democrats across the ballot!....

Then, 4-5 million more registered independents and former GOP faithful will turn away from Trump and MAGA and begrudgingly vote for Biden and some Democrats who believe Congress is elected to actually govern....

At the same time, some 2-3 million Democrats may vote for 3rd party candidates because they don't like Biden's age or some policies.

So, with a broad brush, we can say Biden is likely to pick up 7-9 million more votes than 2020 achieving a vote total of 88-90 million....

And where will TFG be?....

I for one, can't see a single voter he picks up in 2024 vs 2020.. At the same time, we can see plenty of voters he'll lose!...

MAGA is topped out and about 6 million GOP voters have passed away since 2020....So here's a modest forecast for 2024:....

Biden wins by 14 million votes....

None of these results happen automatically..we all know we have lots of work to do and races to win. Happy 2024.

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"At the same time, we can see plenty of voters he'll lose!..." Not to mention all of those he lost to COVID.

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Yes..or might still lose ... now DeSantis' alternative facts health care czar of Florida wants to ban mNRA vaccines because he believes they adversely affect DNA..forget that the vaccines saved at least 5 million lives worldwide.

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founding
Jan 2Liked by Robert B. Hubbell

Thank you for this fact based and hope premised first Newsletter of this new year. It sets the standards for all of of our thinking and actions each day. Thank you, again.

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Jan 2Liked by Robert B. Hubbell

Robert,

I shared your link about the Biden 2023 accomplishments with our local Dems group for our website and newsletter folks. I also added this little slogan if they, or anyone else, wants to use it:

WE WANT MORE IN 2024!

VOTE BLUE AND RENEW!!!! 🌊🌊🌊🌊🌊🌊🌊

Thanks for all that you do to keep us informed and on the right path to save our democracy!

New year cheers!

Susan H., Lancaster, PA

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founding
Jan 2Liked by Robert B. Hubbell

“Making predictions about the future is difficult” one of my favorite sayings! From Paul Samuelson during an interview when he was awarded the not Nobel prize in economics (in economics that award is given by Royal Bank of Sweden not Nobel committee). Samuelson noted “economists have correctly predicted 7 of the last 2 recessions.” Reading entrails & tea leaves is a productive way for press to gather “news.”

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Thanks, Robert; I needed all of that. Glad to have you back from what I hope was a relaxing respite for you last year!

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I woke up today and in my mind the battles for Democracy begin today. We all need to start seriously thinking about what we as individuals are going to do to participate in this battle. One thought I had is to pay more attention to local candidates and support them because as we have seen this past year local state legislators have major influence and power that could impact our individual freedoms. I am developing a plan and my top priority is to investigate and determine where best to invest and support in local candidates who in many cases are underfunded.

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founding
Jan 2Liked by Robert B. Hubbell

Robert has identified—without saying so—the secret to punditry. In Punditry 101 they teach the students never to look back, but only ahead. So yesterday’s false predictions are not merely ignored, they never happened.

As for Democratic disarray, some years ago I ran into Barney Frank on the floor of the Massachusetts state Democratic Convention. I said to him, “Barney, will Rogers was right.” He just nodded. Will Rogers, you’ll recall, said, “I belong to no organized political party. I am a Democrat.” Still somewhat true.

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Jan 2Liked by Robert B. Hubbell

Hope and facts, thank you Robert! After clicking on and reading the Infographic link, I shared immediately.

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Jan 2Liked by Robert B. Hubbell

Happy New Year Robert Hubbell and thank you for once again sifting through all of the information/misinformation and giving it rationality. Your letter helps to keep me grounded in this turbulent time. Again, thank you.

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Jan 2Liked by Robert B. Hubbell

Kicking off the new year: The Good Fight - 2024

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