Today’s Edition: No choice, except the right one.

July 13, 2021

          The pressure is mounting on Democrats—and especially Joe Biden—to come to the rescue of voters across America who are targets of GOP voter suppression efforts. On Monday, Texas Democrats left their state to deny a quorum to the state legislature, which is poised to pass a GOP-sponsored voter suppression bill. They traveled to Washington to petition the federal government for help. See The Hill, “Texas Democrats leave state to block election overhaul bill.” Texas Democratic Party Chair Gilberto Hinojosa said

          Democrats are fighting back with everything we’ve got. We will not stand by and watch Republicans slash our right to vote, silence the voices of Texans of color, and destroy our democracy — all to preserve their own power. Our lawmakers have refused to be complicit in Republicans’ destructive attacks — and they’re doing what Texans need them to do: hold the line so that not one more anti-voter law can be passed in Texas.

          The effort by Texas Democrats is admirable, but it is a delaying tactic only. Sooner or later, the Texas legislature must reconvene to address constitutional obligations, including redistricting. During the next week, their presence in Washington will cast voter protection in high relief. Vice President Kamala Harris acknowledged that the Texas Democrats were acting on behalf of all Americans. She noted that their efforts are steeped in the struggle and blood of the heroes of the Civil Rights Movement. Harris said of the Texas legislators,

          They are leaders who are marching in the path of so many others before . . . when they fought and [] died for our right to vote.

See Business Insider, “Kamala Harris Voices Support for Democratic Lawmakers' Texas Walkout.”

          White House Press Secretary Jen Psaki said on Monday that it was not clear whether President Biden would meet with the Texas legislators. Biden has no choice. He missed the moment to lead during this historic confrontation and is now reacting to the momentum created by others, including Rep. James Clyburn and the Texas Democrats. He still has time to do the right thing by calling for modification of the filibuster. He should do so. Too many Americans have sacrificed too much for Biden not to support modification of an antidemocratic rule used for antidemocratic purposes in an antidemocratic institution. This week will be important. Win or lose, Biden must take a stand in favor of protecting voting rights by urging modification of the filibuster. Biden has no choice, except the right one.

The bipartisan infrastructure bill confronts an obstacle: Republicans.

          In a related development, pro-filibuster Democratic Senators Manchin and Sinema claimed victory a few weeks ago by negotiating a framework for a bipartisan infrastructure bill in June. They touted their accomplishment as proof that the filibuster was a necessary and beneficial rule that forced parties to work together. Their ‘touchdown dance’ in the White House Rose Garden seemed premature at the time, but most everyone wanted to believe that bipartisanship was still possible and therefore indulged their hopeful declaration of victory. A framework for an agreement on a bill is one thing, a bill that passes the Senate is altogether different. As Democrats and Republicans begin to flesh out the provisions of the bill, the Republican members of the bipartisan group are reverting to their obstructionist roots. See Politico, “GOP support for bipartisan infrastructure deal going wobbly.”

          The bipartisan agreement had provisional support from ten Republican Senators—the bare minimum necessary to overcome the filibuster (and that assumes that all Democratic Senators would support the bill, a dubious assumption). As of Monday, at least three GOP members of the bipartisan group were expressing doubts about the agreement that they helped to negotiate. Those Senators include Lindsey Graham (SC), Jerry Moran (KS), and Mike Rounds (SD). Their sudden reservations emerged two days after Trump issued a statement that criticized Republican Senators who were being “played” by Democrats. See Business Insider, “Trump Warns Senate GOP That They're 'Being Played' Over Infrastructure.”

          This development highlights two facts: First, Trump is exercising control over Biden’s legislative agenda at the margins (i.e., to the extent that the agenda relies on GOP cooperation). Second, because Trump is exercising control over skittish Republicans, it is foolishness to hope that Congress can pass legislation over the ability of any single Republican to invoke the filibuster. It may be too early to declare time of death for the bipartisan infrastructure bill, but this development should be a sobering wake-up call for Sinema and Manchin: There is no negotiating with terrorists, Mitch McConnell, or Donald Trump. It is time to call the question on the filibuster. The final two years of Biden’s legislative agenda hang in the balance.

Why the hearing in Michigan on sanctions against Sidney Powell matters.

          As part of the effort by Trump and the Republican National Committee to overturn the 2020 election, Trump convinced lawyers of questionable ethics and little ability to file baseless lawsuits alleging frivolous claims. One of those suits was filed in federal court in Michigan. Under the rules that govern every filing in federal court, the lawyers whose names appeared on the pleadings in the Michigan lawsuit made representations to the court, including the following:

          (1) it is not being presented for any improper purpose . . . .;

          (2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law . . . .;

          (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

See Federal Rules of Civil Procedure, Rule 11. Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

          The wild allegations and declarations filed in the Michigan action have proven to be baseless. U.S. District Court Judge Linda V. Parker, who is presiding over the case, has requested Trump’s lawyers, including Sidney Powell, to show cause why they should not be sanctioned for violating Rule 11. See The Washington Post, “‘This is really fantastical’: Federal judge in Michigan presses Trump-allied lawyers on 2020 election fraud claims in sanctions hearing.” It is possible that Powell (and others who signed the pleadings) could be ordered to pay substantial fines and costs. They could also be reported to their respective state licensing authorities for disciplinary proceedings, including disbarment.

          Here’s the point: There is a high likelihood that Trump’s lawyers will file baseless lawsuits in 2024 if he runs and loses. If those lawsuits are filed in federal court (or in states with similar rules), reputable lawyers will be deterred from filing baseless lawsuits if Judge Parker imposes significant sanctions on Sidney Powell and others. Of course, Trump will always be able to find bottom-feeding lawyers looking for five minutes of fame. But such lawyers will make stupid mistakes and undermine the credibility of their lawsuits from the outset. In late 2020, even Bill Barr was embarrassed by the “clown show” being mounted by Sidney Powell and Rudy Giuliani. If 2020’s lawsuits were a “clown show,” the lawsuits filed 2024 will be “a goat rodeo on ice.” You can quote me on that!

Why we should ignore everything Trump says, except as evidence that he is unfit to serve as president.

          At the CPAC conference in Texas, Trump admitted that he lies about poll numbers that he doesn’t like. Of course, he does! That is obvious to anyone who can read a poll. Referring to poll results, Trump said, “If it's bad . . .  I say it's fake. If it's good, I say that's the most accurate poll perhaps ever.” See Salon, “Trump openly admits during CPAC speech to lying about poll numbers he doesn't like.” By his own admission, Trump is an inveterate liar. Don’t react emotionally to his lies; instead, use them against him and his enablers whenever and wherever possible.

Concluding Thoughts.

On Thursday of this week, I will undergo routine maintenance on my 65-year-old body. (All you 65-year-olds know what I am talking about.) I may not feel like writing a newsletter on Thursday evening, so let’s assume I won’t. But if I do, I may be groggy from anesthesia, so disregard everything I say in Thursday’s newsletter!

          Much of the legislative action over the last three months has taken place in a hypothetical world in which the filibuster is assumed not to be an obstacle. We will know soon whether that is a valid assumption. It will be good to know the answer, win or lose. If Democrats agree to set aside the filibuster on legislation relating to voting rights, they can begin the heavy lifting of protecting the most fundamental right of democracy. If Democrats cannot agree to set aside the filibuster with respect to voting rights legislation, that will be a huge disappointment. But it will also clearly define the scope and seriousness of the challenge we face. We can then dispense with the political cotillion that has distracted Washington for months and get back to the hard work of grass-roots politics. Either way, Democrats we can move forward. That will be invigorating and liberating!

          Talk to you tomorrow!