Volodymyr’s triumph, Vladimir’s humiliation.

December 22, 2022

          On Wednesday, the presidents of Ukraine and Russia addressed the world about the existential struggle between the nation of Ukraine and the tyrant of Russia. The Ukrainian leader spoke with strength and confidence to a US Congress momentarily united by a man whose manifest courage melted partisan divides and galvanized the reluctant hearts and minds of wary politicians. Volodymyr Zelenskyy’s address to Congress was a triumph for Zelenskyy, Ukraine, and the global defense of democracy.

The video of the speech is here; President Zelenskyy Address to Congress (beginning at the 35-minute mark). I urge you to watch the address in its entirety.

          On the opposite side of the globe, the tyrant of Russia was forced to concede that his depraved assault on the Ukrainian people has been a disaster for the Russian military. Putin delivered his remarks to the Russian Parliament, whose members are political hostages that dare not speak the truth about Putin’s blunder. But the blood of dead and wounded soldiers returning to small towns and villages across Russia has seeped through the warp and weft of Putin’s shroud of censorship.

          In his speech, Putin boasted of materials and support that will be provided to Russian soldiers in the future—an admission that those items are in short supply among troops already deployed in Ukraine. The list of missing items is pathetic sign of a shocking lack of military preparedness in Russia’s once-vaunted army: boots, food, helmets, medical kits, and bulletproof vests. See NYTimes, Putin Concedes Military Failings, but Insists Russia Will Fight On. Putin’s promise to provide better equipment and training for troops engaged in combat is like promising to repair a Boeing 747 mid-flight. It can’t be done.

          Zelenksyy’s visit to Washington was remarkable and historic. It is beyond my ability to summon relevant comparisons. I will leave that commentary to historians and give you my real-time impressions of Zelenskyy’s speech. (The quotations below are based on notes and may not track the official transcript.)

          The essential fact is this: Zelenskyy is a masterful communicator and a charismatic, courageous leader. He entered the House chamber bearing a battle flag signed by Ukrainian soldiers deployed on the front lines. He presented that flag to Congress as a symbol of Ukraine’s gratitude. He left the chamber holding an American flag given to him by Speaker Pelosi as a sign of America’s respect for Zelenskyy and Ukraine. If that were all that had happened, it would have been a diplomatic triumph. But there was so much more.

          The House was packed with Representatives and Senators otherwise distracted by last-minute negotiations over the 2023 appropriations bill. To their credit, members of Congress gave Zelenskyy dozens of standing ovations accompanied by cheers. For once, Republicans and Democrats were united in common purpose. (The exceptions were Matt Gaetz and Lauren Boebert, who remained seated beside each other, smirking and whispering while their colleagues applauded Zelenskyy.)

          Zelenskyy delivered his speech in English, a powerful yet endearing effort to speak directly to Americans at an emotional level. It worked. At least it worked for me. In earnest tones and plain words, Zelenskyy spoke of the suffering of the Ukrainian people. But he said that Ukrainians do not feel sorry for themselves or resent those not facing similar challenges. In a moving passage, he spoke about celebrating Christmas by candlelight, not by choice but because Iranian-supplied drones had targeted the electrical grid. Zelensky said,

In two days, we will celebrate Christmas by candlelight. Millions will have no heating or running water as a result of missiles and drone attacks on infrastructure. We do not complain; we do not judge or compare whose life is easier; your well-being is the product of your many struggles and victories. We will go through our war with dignity and success.

          Zelenskyy spoke of America and Ukraine as allies in a global fight against anti-democratic forces. (“Our two nations are allies in the battle.”) He said that the struggle “will define in what world our children and grandchildren will live. Will it be a democracy of Ukrainians and Americans?” And Zelensky cautioned that America should “not make the mistake of believing that an ocean will protect America because the world is too interconnected to allow anyone to feel safe.”

          Zelensky invoked American history. He compared the early battlefield success of Ukraine to the Battle of Saratoga, a decisive victory for the Continental Army in the Revolutionary War. He quoted the words of Franklin D. Roosevelt after Pearl Harbor, saying that Ukraine would “fight through to absolute victory.” He said that “Just as brave American soldiers fought Hitler’s forces during Christmas 1944, so Ukrainian troops are fighting Russia this Christmas.”

          Zelenskyy sought to put Putin on the defensive. He said that Ukraine had already won the battle for the hearts and minds of the world. And he warned that the war might not end until Russians had freed themselves of control by the Kremlin.

          Finally, Zelensky called for unity in Congress (“bi-partisan and bi-cameral”). He assured the lawmakers that Ukrainians did not need American troops but instead needed additional military and financial aid. In a memorable line, he said that “Your money is not charity; it is an investment in global security that we will handle in the most responsible way.”

          The speech was remarkable, brave, and historic. Professor Timothy Snyder of Yale provided his thoughts on Lawrence O’Donnell’s show, explaining why and how Ukraine’s defense against Russia benefits America far beyond the military and financial support we provide to Ukraine. Snyder made similar remarks in his Substack newsletter, Gratitude to Ukraine - by Timothy Snyder. I have previously linked to Snyder’s essay on gratitude to Ukraine. If you haven’t read it, now is a good time to do so.

          In the end, the most important part of Zelenskyy’s speech is that it reminds Americans of the sacrifice necessary to defend democracy—one that prior generations willingly made for us. We should not take that sacrifice for granted nor defile it by turning our backs on liberties redeemed with blood and suffering. Today’s challenges are daunting, but it is our duty to overcome them. To do so, we must embrace the example of courage and determination on display on the floor of the House chamber today. Today, all Americans should join in saying, “Slava Ukraini!”

January 6th Committee Report.

          Out of deference to Zelenskyy’s surprise visit to Washington, the January 6th Committee delayed the release of its final report until Thursday, December 22nd. The Committee did release thirty-four transcripts of witnesses who invoked the 5th Amendment right against self-incrimination in testimony before the Committee. The list is here: Release of Select Committee Materials (house.gov)

          President Zelenskyy’s address to Congress did not prevent Republican insurrectionists in the House from releasing their “counter-report” to the January 6th Committee report. The “counter-report” was a trifecta: It was a “nothing burger,” a joke, and an embarrassment. See The Hill, Republican ‘shadow committee’ issues Jan. 6 counter-report.

          For example, the counter-report quotes Trump telling protestors to be “peaceful” but fails to mention Trump’s statement, “And we fight. We fight like hell And if you don’t fight like hell, you’re not going to have a country anymore.” And the report suggests that Pelosi is to blame for the security lapses because the House Sargent-at-Arms reported to her, but failed to note that the Senate Sargent-at-Arms reported to Mitch McConnell on January 6th.

Trump’s Taxes.

          Although we don’t yet have access to Trump’s tax returns, summaries from the Ways & Means Committee suggest that there are many scandals about to unfold. See Washington Post Editorial, Tax records release reveals scandals about Trump and the IRS. Per the Post,

For example, he took a $21.1 million deduction in 2015 for donating 158 acres of real estate but had no qualified appraisal for the land. He also reported making cash donations of more than $500,000 in 2018 and 2019 without substantiation, according to the report.

          The next time I make a $500,000 cash donation to charity, I plan to ask for a receipt! (To be clear, that would be the first time I make a $500,000 donation to a charity.)

          But the most disturbing revelation is the pattern of audits for presidential tax returns. Per the NYTimes, the tax returns of presidents Obama and Biden were audited annually, per IRS policy. But Trump was an exception. Audits of his tax returns were not initiated until the House Ways & Means Committee chair inquired about those audits. See NYTimes, I.R.S. Routinely Audited Obama and Biden, Raising Questions Over Delays for Trump.

Addressing confusion regarding the Electoral Count Reform Act.

          Yesterday, I wrote that “Electors must be selected on election day” under the proposed Electoral Count Reform Act (ECRA). Many readers were alarmed that the change would mean (a) that mail ballots could no longer be utilized or (b) that ballot counting must stop at midnight on election day. Neither of those outcomes would occur under the ECRA.

          The simplest explanation is that the ECRA provides that electors are selected in accordance with state law in effect on Election Day. If state law allows ballots to be cast by mail and or counted after midnight, such provisions do not change the day on which electors are selected. That day remains Election Day. Indeed, current law anticipates states needing several weeks to count ballots cast on or before election day. That does not change under the ECRA.

          To avoid any confusion based on my summary of the changes in the ECRA, I list below the current law and the proposed changes under the ECRA.

Current law under the Election Count Act provides as follows:

Time of Appointing Electors

§ 1. The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President.

§ 2. Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.

Proposed law under the Electoral Count Reform Act would provide as follows:

Time of Appointing Electors.

The electors of President and Vice President shall be appointed, in each State, on election day, in accordance with the laws of the State enacted prior to election day.

          Under existing law, § 2 suggests that in the event of a “failed election,” legislatures can select a day other than election day (“subsequent day”) to appoint electors “in such a manner as the legislature of such State may direct.”  That language is the source of the Independent State Legislature theory. If a legislature claims that an election “failed” due to fraud, then proponents of the ISL claim that § 2 of current law gives legislatures the authority to appoint their own slate of electors on a day “subsequent” to election day. Such an action could overturn the popular vote of the people.

          But, as you can see, § 2 has been removed from the proposed language of the ECRA. Under the ECRA, electors must be appointed on election day in accordance with the laws of the State enacted prior to election day. In all fifty states, the law provides that the slates of electors are selected by popular vote for the candidates whose names appear on the ballot. Critically, the candidates nominate the slate of electors to be appointed if they win. Thus, once the people vote, the legislature has no further role in selecting or appointing slates of electors.

          I hope that clears up any confusion my brief summary of the ECRA caused.

Quick Notes.

          The trial of the two remaining claims in Kari Lake’s lawsuit challenging the 2022 Arizona governor’s election has started. It has been a disaster for Kari Lake’s team. Kari Lake’s Big Lie Circus Comes To Court (talkingpointsmemo.com).

          Elon Musk said he would step down as Twitter’s CEO as soon as he can find someone who wants to ride the bankruptcy-bound platform into the ground. See The Guardian, Elon Musk says he will resign as Twitter CEO when he finds a ‘foolish enough’ replacement.   

          Voter fraud is real—in the GOP. A GOP Representative from Georgia voted illegally three times in 2022 by voting in a county in which he no longer lived. See HuffPost, Georgia Congressman Accused Of Illegally Voting 3 Times In One Year. Rep. Drew Ferguson was one of seven Georgia members of Congress who joined Texas’s lawsuit to overturn the 2020 presidential election because of alleged voting irregularities.

Concluding Thoughts.

          Zelenskyy’s speech was truly historic—and brave. He came to Washington at great personal danger because his 24-hour travel schedule by truck, train, and plane exposed his location to Putin’s assassins and henchmen. But Tucker Carlson (on Fox News) had an on-air meltdown over Zelenskyy’s attire. Carlson said that Zelenskyy was “dressed like the manager of a strip club.”

          Several questions come to mind. First, “How does Tucker Carlson know how the manager of a strip club dresses?”  Second, has Tucker Carlson ever criticized the dress of the insurrectionists who assaulted the Capitol and sat in the Speaker’s chair on the House floor? Please email me if you can find that video clip.

          More important is the question of why Tucker Carlson is doing Putin’s dirty work of attacking Zelenskyy’s request for aid. Carlson criticized Zelenskyy’s request as follows: “The point was to fawn over the Ukrainian strip club manager and hand him billions more dollars from our own crumbling economy.” Gosh! It sounds like Vladimir Putin is writing the copy for Tucker Carlson’s diatribes!

          After the indescribable horror that Putin has inflicted on the Ukrainian people, how does Rupert Murdoch allow Tucker Carlson to continue to spew Putin’s propaganda on Fox? What horrible tragedy will it take for Rupert Murdoch to realize that advertising dollars are not worth the human suffering that pro-Putin cheerleaders like Tucker Carlson are enabling? At long last, Mr. Murdoch, have you no decency?

Talk to you tomorrow!