Transgender Day of Visibility

March 31, 2022

[Audio version here]

          As Putin continues to commit war crimes against the Ukrainian people, Russia and the West are engaging in a strategic chess match on the global stage. The Biden administration fired the opening salvo when it disclosed intelligence assessments that Putin’s advisers are lying to Putin about the progress of his war in Ukraine. This disclosure is the latest effort by the U.S. intelligence community to shape world events by releasing intelligence about the inner workings of the Kremlin early and often. Those disclosures have been eerily accurate, suggesting that the U.S. can listen to virtually every conversation between Putin and his advisers. It must be unsettling to Putin to know that the U.S is intercepting his conversations, and it must be worse for Putin to learn from the West that his advisers are lying to him. As one commentator said of Putin, the U.S. disclosures “must be frying his mind.”

          The U.S. report about deception in Putin’s inner circle was followed by disclosures from Britain’s spy chief that low morale among Russian troops is causing them to sabotage their own equipment so they can surrender. According to a speech by the head of Britain’s signals intelligence agency, Russian soldiers are refusing to obey orders from superiors, are running out of equipment and arms, and are sabotaging their equipment to avoid battle. They also accidentally shot down a Russian aircraft.

          On Tuesday, Putin attempted to support Russia’s currency by demanding that customers pay for Russian oil in rubles—a currency that almost no one uses, not even Russians (if they can avoid it). After Germany objected, Putin relented “for now” and agreed to accept payment in dollars or euros.

          In response to Putin’s attempted petro-extortion, President Biden authorized the release of 1 million barrels of oil per day from the U.S. Strategic Petroleum Reserve for the next six months. The move is intended to reduce oil prices and provide a “bridge” for U.S. producers to increase output. Biden also called on Congress to impose fees on oil companies sitting on undeveloped oil leases from the U.S. Biden said, “It’s not the time to sit on record profits. It’s time to step up for the good of your country.”

          For context, the Strategic Petroleum Reserve currently holds 568 million barrels of oil. Biden’s order will release approximately180 million barrels, leaving 368 million barrels in reserve. In 2020, the U.S. became a net exporter of oil, so the Strategic Petroleum Reserve currently serves as a mechanism for softening market shocks—which is exactly how President Biden is using the reserve.

          As in most issues relating to Russia’s war on Ukraine, Biden continues to demonstrate bold leadership. We are fortunate that he is President at this moment in history.

NYTimes reports that DOJ is investigating “fake electors”

          The New York Times says that it has reviewed subpoenas from a federal grand jury calling for information about the “fake electors” that were part of the attempted coup. See NYTimes, Justice Dept. Widens Jan. 6 Inquiry to More Pro-Trump Figures. Per the Times,

The investigation now encompasses the possible involvement of other government officials in Mr. Trump’s attempts to obstruct the certification of President Biden’s Electoral College victory and the push by some Trump allies to promote slates of fake electors, [sources] said.

          The disclosure of subpoenas directed at the coup attempt is welcome news. Whether that investigation will be conducted in a timely fashion remains to be seen. We know that Trump will attempt to use the “alternate slate of electors” gambit in November 2024, so in order for the DOJ investigation to have any impact, indictments (and hopefully convictions) must take place before the 2024 presidential election.

          And before we get too excited about this disclosure, recall that Rachel Maddow almost single-handedly forced the DOJ to investigate the fake electors issue in January of this year. After Maddow focused on the issue nightly for two weeks last December, several state attorneys general asked the DOJ to investigate the fraudulent conduct of “false electors” from their states.

In January of this year, Lisa Monaco, the Deputy Attorney General under Garland, said that the DOJ prosecutors were “looking at those” referrals from the state attorneys general. In other words, the story in the NYTimes is old news but has been repackaged by the DOJ to make it look like a new development.

          It has been almost a year-and-a-half since false electors in six states sent fraudulent electoral ballots to the National Archives and Congress, claiming they were the duly appointed electors under the Constitution. They were not. Their fraud is a matter of public record on file at the National Archives. The elements of the crime are easily provable. A year-and-a-half later, the DOJ is finally issuing subpoenas to investigate a crime committed in public.

          While we should be grateful that the DOJ has been embarrassed into taking action, a competent prosecutor could have—and should have—secured an indictment a year ago. The fate of the 2024 election hangs in the balance. I hope that someone in the DOJ understands that fact and focuses the resources of the DOJ on the ongoing coup attempt rather than securing more plea deals for parading without a permit in the Capitol on January 6th.

Biden proclaims Transgender Day of Visibility.

          President Biden declared March 31, 2022, as the National Transgender Day of Visibility. When official discrimination against transgender people seems to be the last refuge of bigots, President Biden delivered a moving statement to transgender people in America. His proclamation is here: A Proclamation on Transgender Day Of Visibility, 2022 | The White House. President Biden’s comments deserve to be read in full, but important passages include the following:

In the past year, hundreds of anti-transgender bills in States were proposed across America, most of them targeting transgender kids.  The onslaught has continued this year.  These bills are wrong.  Efforts to criminalize supportive medical care for transgender kids, to ban transgender children from playing sports, and to outlaw discussing LGBTQI+ people in schools undermine their humanity and corrode our Nation’s values.  

To transgender Americans of all ages, I want you to know that you are so brave. You belong. I have your back.

          It would be easy and expedient for President Biden to ignore this issue or to pass it off to someone else in his administration. The fact that he is taking a leading role in defending transgender people from discrimination and affirming their humanity is yet another sign that he is a good and decent man. We should take advantage of the Transgender Day of Visibility to express support and solidarity for everyone in our lives who is experiencing discrimination, harassment, or violence because of their gender identity or sexual orientation. Republicans are actively attempting to turn back the clock to the 1950s to re-legitimize discrimination against LGBTQ+ people. We can’t let that happen.

Voting laws and redistricting maps in flux.

          There were several court decisions on Thursday affecting voting rights legislation and redistricting. I don’t have space or time to discuss the decisions in detail, but these cases serve as a reminder of the critical role that litigation—and lawyers—play in defending voting rights. It is easy to take for granted the many organizations that are fighting day-in-and-day-out to preserve gains and attack regressive measures. Groups like the ACLU, Brennan Center for Justice, Mi Familia Vota, League of Women Voters, Lawyers Committee for Civil Rights Under Law, and many others work in the trenches every day. If you are a lawyer (especially an associate at a large law firm that will underwrite your pro bono work), please consider joining an organization that is actively litigating to protect voting rights.

• In Florida, a federal judge struck down portions of Florida’s 2021 election law that make it more difficult to vote by mail. See NPR, Judge strikes down key portions of Florida voting law.

• A New York state court judge threw out a congressional redistricting map because it violated the New York provisions of the New York constitution requiring districts to be drawn without partisan advantage. See NYTimes, Judge Tosses N.Y. District Lines, Citing Democrats’ ‘Bias’.

• Arizona enacted a law that requires “proof of citizenship” to vote in presidential elections. NYTimes, Arizona Passes Proof-of-Citizenship Law for Voting in Presidential Elections. Mi Familia Vota has filed a lawsuit challenging the new legislation. Note that this law squarely contradicts a 2013 ruling by the U.S. Supreme Court that Arizona must accept federal voter registration forms for federal elections.

Concluding Thoughts.

          It is clear that the Republican Party is adding a plank to its national platform for 2022 that is “anti-LGBTQ.” Taking that position will be a losing proposition for the GOP. On Tuesday, Governor Ron DeSantis threatened to remove privileges the state granted to the Disney Corporation to entice it to locate Disney World in Florida. DeSantis’s threat was a thuggish move to retaliate against Disney for exercising its constitutional right to engage in political speech opposing the Don’t Say Gay bill. The ugly fight between DeSantis and Disney demonstrates the political costs that will accompany the GOP’s new cultural war on LGBTQ+ people.

          The GOP will lose this battle in the culture war. Indeed, they lost it in the last decade when Americans had a collective epiphany that LGBTQ+ people are people—nothing more, nothing less. The wave of legislation that swept the nation recognizing same-sex marriages signaled the inevitable end of most discrimination based on sexual orientation (except for discrimination against transgender people). Republicans now want a “do‑over” allowing them to re-institute discriminatory laws the public has rejected.

          Even though Republicans are bound to fail in their retrograde battle against equality, they will fail only if we oppose their efforts at every opportunity. DeSantis might be able to bully Disney (or not, time will tell), but he won’t be able to bully the ten largest corporations in Florida—if their employees and executives force those corporations to honor their commitments to diversity and dignity in the workplace. Florida cannot declare war on business. Or, rather, Florida cannot afford to declare war on business. All it will take to make the point is for a few corporations to announce they will not hold their conferences in Florida or that they will not relocate to Florida as planned because of the anti-business, anti-LGBTQ mindset of the state.

          That same morality play will unfold in a dozen other LGBTQ-unfriendly states if we make it happen. And the surest way to make it happen is to be loud and proud in support of LGBTQ+ people. We owe it to our family, friends, neighbors, and community members to defend their rights to be treated equally under the law without regard to their sexual orientation or gender identity. It is the right thing to do without regard to politics, and that should be motivation enough.

          I hope that everyone can find a moment of respite over the weekend from the constant stream of worrisome news. We are in good hands with Joe Biden, so let’s take a measure of comfort from that good fortune.

          Talk to you on Monday!