Today’s Edition. No effort is wasted.

November 22, 2021

          The acquittal of Kyle Rittenhouse has provoked outrage, frustration, and a deepening sense of hopelessness among Democrats who sought a return to the rule of law with the election of Joe Biden. To Democrats, the acquittal feels like a “loss” that will threaten the civic peace as white supremacists interpret the verdict as permission to engage in armed vigilantism. Meanwhile, Republicans are celebrating the acquittal of a man who killed two protestors as a “victory” that will protect vigilantes who take up arms against future protests—peaceful or not. Whatever the circumstances of the killings, the GOP’s celebration of a tragic incident that resulted in the deaths of two human beings has no place in civilized society. The glorification of the killings is antithetical to democracy, to the principles that once formed the core of Republican political philosophy, and to the religious beliefs of the evangelical movement that forms the foundation of Trump’s support.

          The feelings of outrage are justified even if the jury delivered a true verdict based on the facts and law presented to them during the trial. The evidence a jury sees is circumscribed by rules that reflect legal and societal judgments about which facts are relevant, reliable, and not unfairly prejudicial. Requiring a unanimous verdict for conviction or acquittal is a hallmark of our system of justice. The fact that the jury in the Rittenhouse case reached a unanimous verdict is a strong indicator that the prosecution failed to establish guilt beyond a reasonable doubt. In the absence of manifest bias, misconduct, or error, we should accept jury verdicts that reflect the unanimous views of the jurors.

          But the fact that the prosecution failed to carry its evidentiary burden is not the end of the inquiry for a society that seeks to keep the peace and protect its citizens from vigilantism. There are many facts about Rittenhouse’s statements and conduct that were withheld from the jury under the rules of evidence. A reader sent a link to a statement by Sherrilyn Ifill, President of the NAACP Legal Defense and Educational Fund. The Statement on the Acquittal of Kyle Rittenhouse addresses some of the facts that were not presented to the jury. Ifill writes, in part,

          Kyle Rittenhouse traveled to Kenosha, Wisconsin, in response to protests over the unjust police shooting of Jacob Blake and armed himself with a semi-automatic rifle he believed was unlawful for him to own. Rittenhouse lied about being a medical professional, then shot and killed two people while injuring a third.

          Fifteen days prior to that deadly evening, Rittenhouse was recorded saying that he wished he had his rifle in order to shoot some men he believed were shoplifters. Months after the shootings in Kenosha, Rittenhouse was seen at a bar flashing a white power sign as men reportedly sang the anthem of the white nationalist Proud Boys group to him.  

          Rittenhouse’s conduct must be understood within an environment in which armed militias and vigilantes are acting to silence protesters, and where state legislatures have advanced anti-protest bills in the aftermath of demonstrations calling for racial justice.

          Against that background, the effort by the right-wing media to turn Rittenhouse into a hero is misguided, reprehensible, and dangerous. If the right glorifies Rittenhouse’s actions, it will encourage others to engage in self-appointed law enforcement—with deadly results. Innocent people will be killed and injured if every person is able to engage in self-help to enforce their subjective interpretation of the law. We cannot allow unaccountable vigilantes to usurp and circumvent the role of lawfully deputized police.

          The sense of deepening dread about the infatuation of the right with authoritarianism and violence is understandable and justified. But we should have faith that the strong majority of Americans will reject violence, authoritarianism, and the ugliness that surrounds the right-wing glorification of Rittenhouse’s killing of two protestors. The GOP is engaged in a self-limiting purge of anyone and everyone who does not pass the GOP “purity test” of unquestioned adherence to the most extreme views of the party’s most extreme members. By definition and operation of logic, any organization that expels members who fail to conform to the most radical tenets of the organization will shrink, not grow. The signs are everywhere.

          Two political commentators on Fox quit over the weekend in protest over Tucker’s Carlson’s conspiracy-mongering about the January 6th insurrection. See MSN, “Two Fox News Contributors Quit Over Tucker Carlson’s January 6 Series: “The Voices Of The Responsible Are Being Drowned Out By The Irresponsible.”

          The most extreme members of the GOP House caucus are now controlling the narrative for the Republican Party—ensuring that more radical, less electable Republican candidates will face more electable Democrats. Marjorie Taylor Greene, Matt Gaetz, Lauren Boebert, and Madison Cawthorn have promised to “primary the hell out of” the “traitor” Republicans who supported the infrastructure bill. See WaPo, “Trump loyalists like Greene, Boebert and Cawthorn battle infrastructure supporters and see their influence grow - The Washington Post.” The Republican leader in the House, Kevin McCarthy, has allowed the political outlaws to run amok, effectively condoning their political vigilantism within the GOP. If the MAGA squad does primary thirteen incumbent Republican representatives, they will decrease the likelihood of McCarthy’s becoming Speaker of the House in 2022.  

          New Hampshire Governor Christopher Sununu said over the weekend that Republicans "have their priorities screwed up"” when they refuse to censure Paul Gosar for publishing the fantasy killing of another member of Congress but vote to remove GOP members from committee assignments because they supported a popular infrastructure bill.

         And there is more. Support for the Big Lie. Glorifying white supremacists who attacked police officers on January 6th. Telling followers that they don’t need to be vaccinated or wear masks. Failing to adhere to any of these ridiculous positions is enough to cause Trump to support your opponent in the 2022 election. NYTimes, “G.O.P. Is Energized, but ‘Trump Cancel Culture’ Poses a Threat.”

          Add to that doleful list the new requirement to treat Kyle Rittenhouse as a hero and to endorse irregular militias standing in for the police during lawful exercises of rights guaranteed in the First Amendment. In radicalizing themselves and declaring war on their members who refuse to swear allegiance to extreme positions, the Republican Party is engaged in a war of attrition with itself. As always, we cannot rely on Republicans to defeat themselves, but we must also recognize that the ugliness that has overtaken the Republican Party is not a sign of strength, but a sign of sickness and demise. Yes, it is painful to watch, but through that pain we see the seeds of the GOP’s destruction and our ultimate victory. Keep the faith and stay strong!

Ten things you can do to help fight the climate crisis.

          Fighting the climate crisis is hard. It is a long-term, global, incremental problem that seems to belong to no one and everyone at the same time. Some reporting on the crisis suggests that it already is too late to reverse the practices that created the crisis. Finding the right path forward for your personal involvement can be vexing. A reader sent a link to an article in The Guardian by Rebecca Solnit, “Ten ways to confront the climate crisis without losing hope.” The tagline to the article is

          It’s easy to despair at the climate crisis, or to decide it’s already too late – but it’s not. Here’s how to keep the fight alive.

          I found Solnit’s recommendations heartening and hopeful. There are no “magic bullets” in her recommendations, but she offers a series of observations that will help you overcome your feeling of powerlessness and urge you to action. I recommend the entire article, which is filled with helpful nuggets of wisdom start to finish.

Ten Senate campaigns recommended by Len Lubinsky.

          Two weeks ago, I provided a list by Len Lubinsky of Senate campaigns he recommended for Democrats who are looking to donate directly to individual Senate campaigns now. At the time, I provided the list only, with a promise that Len would publish a longer piece on his website discussing the candidates in detail. Len has now posted his explanation for his recommendations. See “Len's Letter #45 Senate candidates to donate to now | Len’s Political Notes.” Scroll past the list of candidates to see the detailed explanations on each recommendation.

Attack on Christmas Parade in Wisconsin.

          After I began writing this edition of the newsletter, I learned of the attack on the Christmas parade in Waukesha, Wisconsin. It is a horrific and sickening development. Few details are available. I will discuss when more is known, especially regarding how we can help the grieving families of the victims.

Concluding Thoughts.

          In response to Friday’s newsletter, “I am not quitting. I hope you aren’t either.”, many readers sent emails saying that they were not going to quit their political activism even though they were disappointed and demoralized. Theirs is the right response. Even if victory is not immediate or the future seems hopeless, no effort is wasted. Even in a losing campaign, efforts to register new voters or encourage existing voters to show up can pay dividends in the future in ways that may not be apparent.

          For example, Jon Ossoff sought election to the House in 2017 and lost. But he ran a credible campaign that increased his profile with the voters in Georgia. In 2020, Ossoff was elected as a Senator from Georgia—something that would not have happened but for his losing campaign for the House in 2017. No effort is wasted. Remember that as you make phone calls or send texts or mail postcards that seem to disappear into the ether.

          Be patient. Don’t quit. Instant gratification isn’t the measure of success in democracy. We are engaged in an effort that began 240 years ago and that will continue for centuries after we are gone. Let’s do our best during the time that we are in the vanguard. Have confidence that our struggle will be continued in the future by those who we inspired as we worked through disappointment or despair, unsure that our efforts would bear fruit. Keep up the good fight, come what may. If we do that, we cannot lose!

          Talk to you tomorrow!