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The New York Times reported that Trump personally urged the Department of Homeland Security, the DOJ, and certain state legislatures to seize voting machines after the 2020 election. The appeal to the DHS was made through Rudy Giuliani, and the request to the DOJ was made by Trump directly to Bill Barr in an Oval Office meeting. In addition, two draft presidential executive orders (of unknown provenance) instructed the U.S. military and DHS to seize voting machines. The plan to seize voting machines was first floated by disgraced general Michael Flynn in December 2020. Flynn proposed that the military simply “re-run” the election in states that voted for Biden. If Trump had succeeded in convincing any state to seize voting machines due to unfounded allegations of fraud, it is a virtual certainty that the state’s legislature would have nullified the results of its election—a key element of John Eastman’s six-point plan to stop the count of electoral ballots on January 6th.
The Select Committee appears to have obtained testimony from multiple witnesses with firsthand knowledge of Trump’s overt acts to overthrow the election. If the DOJ is inclined to prosecute Trump (we can only hope!), the Select Committee has already completed the heavy lifting necessary to obtain an indictment. It is time for the DOJ to act. Over the weekend, Trump began a campaign of intimidation against prosecutors in Georgia and New York to dissuade them from pursuing criminal investigations. Further delay will merely provide Trump with additional opportunities to threaten, cajole, and bribe his way out of legal jeopardy. For example, Trump’s PAC made its largest donation ever—$1 million—to a non-profit formed by Mark Meadows, Trump’s former chief of staff. Trump made the donation a week after the Select Committee was formed. Meadows initially cooperated in responding to a subpoena from the Select Committee but abruptly ceased his cooperation after public criticism from Trump.
Before the report by the Times, the only evidence relating to the seizure of voting machines came from draft executive orders provided to Trump (presumably by Rudy Giuliani and Michael Flynn). But the Times’ reporting makes clear that Trump was urging agencies of the federal government to seize voting machines. Those actions constitute overt acts in furtherance of a criminal conspiracy and should be enough to indict, prosecute, and convict Trump. As with Trump’s comments over the weekend calling for violence and promising pardons to insurrectionists, the story of seizure of voting machines is an important story with grave implications for the future of our democracy. Other stories matter, but Trump’s effort to facilitate the coup is a prism through which all politics must be viewed between now and the 2024 election. Do not let this story fade into the background, and do not let the media or politicians treat the participants in the coup attempt as good-faith actors in American politics. They are not. Let’s call them by name: Coup plotters and insurrectionists; traitors and seditionists; white supremacists and thugs. Hawley. Cruz. Jordan. Gaetz. Taylor-Greene. Gosar. Gohmert.
Corporate donors and Republicans rally around Kyrsten Sinema.
Kyrsten Sinema rode a wave of grassroots enthusiasm to the Senate in 2018. In her most recent financial filing, it is clear that she has lost virtually all of her grassroots support. Her most recent filing shows that she raised $1.3 million in the last quarter—only $33,988 from donations under $200. I’ll do the math for you: Sinema garnered only 170 contributions from small donors. Most of the rest of her donations came from long-time Republican donors and—wait for it—the Fox Corp. PAC! See Rolling Stone, Kyrsten Sinema Raising Money From GOP Donors.
Sinema is going to lose the Democratic primary in 2024. The most recent poll shows her losing by 58 points to Democratic Representative Ruben Gallego. Of course, Sinema hopes that her big-money advantage will allow her to purchase favorable coverage and overwhelm the airwaves to vanquish Democratic contenders. We saw a glimpse of what Sinema’s GOP-backed efforts will look like with an op-ed by the CEO of Arizona Chamber of Commerce in AZcentral.com. See Danny Seiden op-ed, If we say we want bipartisanship, why are we skewering Sen. Kyrsten Sinema?
Seiden’s op-ed reads like it was written by a public relations firm hired by Sinema. Of course, the central premise of the op-ed is a misrepresentation. Democrats aren’t angry with Sinema because she supports bipartisan measures; they are mad at her for supporting anti-democratic measures. Seiden nowhere mentions the voter suppression legislation that is sweeping across the nation under the protection of the filibuster. Indeed, Arizona Republicans have proposed legislation that would allow the legislature to override the votes of Arizona citizens for any reason or no reason. I guess that’s what counts for “bipartisanship” in the eyes of the Arizona Chamber of Commerce.
I don’t subscribe to AZcentral.com. If any readers of this newsletter do and would like to let Mr. Seiden know whether they agree with his sentiments, leave a comment at the end of his article. That might help Senator Sinema gauge whether having Republican lobbyists make her case to Arizona Democrats is a wise use of her campaign war chest.
Bomb threats to historically Black colleges and universities.
On the first day of Black History Month, historically Black colleges and universities (HBCUs) were disrupted by dozens of bomb threats—some of which were made by callers identifying themselves as neo-Nazis. See The Washington Post, Howard, Bowie State and other HBCUs receive bomb threats. The threats are hate crimes and terrorist acts and should be prosecuted as such.
The use of bombs to terrorize Black citizens is one of the most disgraceful chapters in our nation’s history. In September 1963, a bomb exploded at the 16th Street Baptist Church in Birmingham, killing four little girls and injuring another. It would be nearly four decades before three of the four perpetrators were brought to justice. A wall of white silence protected the KKK members who carried out the bombing. As I write this newsletter, a wall of silence is protecting the terrorists who made the bomb threats against the HBCUs in the last two days. Dozens of people know who made the bomb threats—because the perpetrators bragged to friends and relatives, sent messages on encrypted message services, or posted their boasts on Facebook. If anyone knows who made the threats, they should call the FBI and identify the perpetrators.
The bombing at 16th Street Baptist Church occurred four months after merchants in Birmingham agreed to desegregate public businesses, including stores, restaurants, and drinking fountains. The rash of bomb threats against HBCUs on Monday and Tuesday follow comments by Trump on Saturday calling for “massive protests” against “racist prosecutors” in Georgia and New York who are investigating him. The prosecutors Trump called “racist” are Black. Trump’s former lawyer, Michael Cohen said that Trump speaks like a mob boss—in coded language that makes clear what Trump wants without ever having to say it directly. On Saturday, Trump told his followers what he wanted them to do—stop the Black prosecutors investigating him. Trump will continue his pattern of threats and intimidation until the DOJ prosecutes him or every decent American publicly repudiates his tactics and turns their back on him.
Anti-vaccine propaganda is still killing Americans.
Although Omicron is far less lethal than earlier variants of the coronavirus, it is still killing Americans at a high rate. Per the NYTimes, the U.S. seven-day trailing average for daily deaths is 2,632. That number should still shock us. The Times also reports that the U.S. death rate is significantly higher than other industrialized countries. See NYTimes, U.S. Has Far Higher Covid Death Rate Than Other Wealthy Countries. The U.S. has an abundant supply of free vaccines, free PPE, and free antigen tests. And yet, the U.S. death rate is double that of many European countries and triple that of Canada, Australia, and the Netherlands.
Americans may be tired of the pandemic, but the pandemic is not tired of Americans. Don’t ease up, and protect yourselves from those who are acting like the pandemic is over. More than 2,600 deaths a day is not normal or acceptable.
Concluding Thoughts.
A reader sent a link to an op-ed in the NYTimes by Blake Hounshell and Leah Askarinam, “How Democrats Can Stop a Red Wave.” The article examines the conditions that must occur for Democrats to win in 2022, according to two dozen strategists in both parties interviewed by the authors. Although some of the changes will require a heavy lift—better messaging, for example—others will likely occur naturally. For example, the chances are good that the 2022-23 school year starting in September will feel like a pandemic-free return to normalcy (because of vaccinations). Other variables are turnout, the final tally on redistricting, and the outcome of efforts to overturn Roe v. Wade. Check out the article to make your own judgments about the likelihood that Democrats can beat the historical odds to retain both chambers of Congress.
The authors mention the elephant in the room—Trump—but probably underweight the damage he will inflict on GOP chances in the midterms. As the last few days have demonstrated, whenever Trump opens his mouth, he reminds people that he is a corrupt, racist, egomaniac who is motivated by revenge and greed. Surprisingly many Republicans find those qualities endearing, but persuadable Independents are likely to be repulsed—as they were in 2020. Trump has proven that he has no ability to learn from his mistakes. Last weekend’s performance is a precursor of worse to come from Trump. The awkward rationalizations of some Republicans in response to Trump’s comments show that he will stress the GOP at every turn as he demands unwavering loyalty to his lies and delusions.
So, yes, things are tough for Democrats, but at least they are not led by a twice-impeached, failed coup plotter who will resort to race-baiting to keep himself out of jail. Instead, we are led by a decent man doing his best to protect Americans. Even if Biden sometimes falters in those efforts (as any president would), we must remember that in 2022 and 2024, Biden will be competing against Trump and Trumpism. That is a contest that should give us confidence.
Talk to you tomorrow!
One sign of Democratic strength in Congressional races is the quality of candidates. Here are two deeply religious candidates who stepped up in January and can flip Republican seats. In MI 03 (Grand Rapids), Hillary Scholten has signed up to run again. A lawyer in Grand Rapids, she worked previously for the Michigan Immigrant Rights Center, for the Mel Trotter Ministries supporting the homeless, and the justice department during the Obama administration. She lost by 6 points to very wealthy candidate Peter Meijer in a district which was R+8. Redistricted, MI 03 is now D+3. She can flip this district. In Ohio 01 (Cincinnati), Steve Chabot seemed vulnerable in 2018 and 2020. He defeated Kate Schroder by 4 points in 2020 and Aftab Pureval (now Mayor of Cincinnati) by 4 in 2018. The proposed redistricting would reduce the district's Republican lean and include all of the city in the district. OH 01 becomes R+3. It won't become more Republican after the law suit is completed. City Councilman Greg Landsman, an amateur boxer with a theology degree from Harvard, is a local who has created anti-poverty charities and has a record of accomplishment in the City Council. He can flip the district.
Robert you fairly have been critical of Garland and the DOJ but recently read I read an opinion from a lawyer who is a federal prosecutor who made a valid point I did not think about. He said that in our history no President or former President has been tried and convicted of a crime and the bar to do that is very high and that the evidence and case must be air tight and beyond reproach. In other words the evidence must be overwhelming and not circumstantial and it must connect Trump directly to the alleged crimes. The January 6th Committee is beginning to connect the dots and more witnesses are coming forward and were in the room and heard Trump’s comments and observed what he said and did. Remember Trump never documented anything or sent emails etc but there are notes from people who attended the meetings now available. If this is accurate I now understand why the DOJ is sitting patiently waiting for this to play out and helped by Trump himself making speeches.