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Month: April 2019

Death tax on democracy

Death tax on democracy

by digby


This op-ed by Michael Tomasky in the New York Times
about the problem obscene concentration of wealth presents for democracy is important:

There is, or should be, a democratic element to capitalism — and an economic element to how we define democracy.

After all, oligarchy does have an economic element to it; in fact, it is explicitly economic. Oligarchy is the rule of the few, and these few have been understood since Aristotle’s time to be men of wealth, property, nobility, what have you.

But somehow, as the definition of democracy has been handed down to us over the years, the word has come to mean the existence and exercise of a few basic rights and principles. The people — the “demos” — are imbued with no particular economic characteristic. This is wrong. Our definition of democracy needs to change.

Democracy can’t flourish in a context of grotesque concentration of wealth. This idea is neither new nor radical nor alien. It is old, mainstream and as American as Thomas Jefferson.

I invoke Jefferson for a reason. Everyone knows how he was occupying his time in the summer of 1776; he was writing the Declaration of Independence. But what was he up to that fall? He was a member of the Virginia House of Delegates, and he was taking the lead in writing and sponsoring legislation to abolish the commonwealth’s laws upholding “entail” (which kept large estates within families across generations) and primogeniture.

Mere coincidence that he moved so quickly from writing the founding document of democracy to writing a bill abolishing inheritance laws brought over from England? Hardly. He believed, as the founders did generally, that excess inherited wealth was fundamentally incompatible with democracy.

They were most concerned with inherited wealth, as was the Scottish economist Adam Smith, whom conservatives invoke constantly today but who would in fact be appalled by the propagandistic phrase “death tax” — in their time, inherited wealth was the oppressive economic problem.

But their economic concerns weren’t limited to that. They saw clearly the link between democratic health and general economic prosperity. Here is John Adams, not exactly Jefferson’s best friend: All elements of society, he once wrote, must “cooperate in this one democratical principle, that the end of all government is the happiness of the People: and in this other, that the greatest happiness of the greatest Number is the point to be obtained.” “Happiness” to the founders meant economic well-being, and note that Adams called it “democratical.”

So, yes, democracy and the kind of economic inequality we’ve seen in this country in recent decades don’t mix. Some will rejoin that many nations even more unequal than ours are still democracies — South Africa, Brazil, India. But are those the models to which the United States of America should aspire?

A number of scholars have made these arguments in recent years, notably Ganesh Sitaraman in his book “The Crisis of the Middle-Class Constitution.” All that work has been vitally important. But now that some politicians are saying it, we can finally have the broad national conversation we’ve desperately needed for years.

Bernie Sanders has proposed an inheritance tax that the founders would love, and Elizabeth Warren has proposed a wealth tax of which they’d surely approve. But you don’t have to be a supporter of either of those candidates or their plans to get behind the general idea that great concentration of wealth is undemocratic.

Policies built around this idea will not turn America into the Soviet Union or, in the au courant formulation, Venezuela. They will make it the nation the founders intended.

I’ve often wondered why Democrats don’t evoke the revolutionary opposition to patrimony and inheritance as part of a retort to the right’s constant evocation of the revolution for their own ends. The experience of European aristocracy had taught all the American Enlightenment thinkers about the dangers of such a system and it was a major factor in their thinking about how to organize the new country. The times still dictated a system that privileged white men, of course, and all the horrors of slavery and native American genocide. It goes without saying that the ideals of America were hardly met by the founders.

But at least the foundation for evolution on this issue of class and economic inequality was laid in the very beginning. We used to think it was important that we didn’t have kings and nobles. We should remind ourselves of that. If ideas matter, and they do, this was one of the important ones.

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The House has muscles yet to flex by @BloggersRUs

The House has muscles yet to flex
by Tom Sullivan


Notre Dame Cathedral fire from French police drone

The architecture of federal power is intended to prevent one branch of government from overwhelming the others. What we call checks and balances we might, in another context, call firestops. Lack of fire-control features in the original design led to the near complete loss of the enduring Notre Dame Cathedral on Monday. For all its grandeur and hundreds of years of history, fire might have razed it in a day.

America, take note.

The Constitution’s original design anticipated many threats to the republic. But complacent trust in its endurance, and neglect in the face of shifting balances of power have left it vulnerable as well.

Former North Carolina congressman Brad Miller argues (I’m reading between the lines here) that in the face of a president with no regard for the law and no commitment to the constitution to which he swore an oath, it is time for the legislative branch that has too long allowed the executive branch to arrogate power to flex muscles it has let atrophy:

House Democrats need not ask meekly for information about Trump’s finances and the Mueller report and accept whatever Trump voluntarily provides. The power of the House and of the Senate to compel the disclosure of documents and testimony to inform the exercise of their constitutional powers is very, very well-established. “The power of the Congress to conduct investigations is inherent in the legislative process. That power is broad,” the Supreme Court said in Barenblatt v. United States. “It encompasses inquiries concerning the administration of existing laws as well as proposed or possibly needed statutes.”

“The power of inquiry has been employed by Congress throughout our history, over the whole range of the national interests concerning which Congress might legislate or decide upon due investigation not to legislate; it has similarly been utilized in determining what to appropriate from the national purse, or whether to appropriate,” the Supreme Court said in Watkins v. United States. “The scope of the power of inquiry, in short, is as penetrating and far-reaching as the potential power to enact and appropriate under the Constitution.”

Miller concludes:

House Democrats need not have particular legislation in mind to investigate Trump’s finances or the Mueller Report. It is not at all difficult to imagine legislation that Congress might consider to remedy “defects in our social, economic or political system” [Watkins] that the investigations might reveal.

In his person, the sitting president has exposed a raft of defects and other systemic political weaknesses that need remediating before a damaging fire starts. To the president’s insults and rage tweets, House Democrats might reply, “Up your nose with a rubber hose,” legislatively speaking. Oversight is their job. “The power of inquiry” is theirs to wield.

From money to racism to politics and in between, power dynamics are a fundamental and near-unavoidable reality for the human animal. It might be tech firms using anti-trust laws against market competitors. Or a resurgent oligarchy concentrating wealth and undermining democratic processes that might curb it. Or a white majority threatening less-white immigrants whose numbers challenge its cultural dominance. It’s always about power.

House Democrats need to do more than reclaim their time. They need to reclaim their power to prevent the president and his coterie of firebugs from burning the place to the ground.

Oh look, more presidential instructions to break the law

Oh look, more presidential instructions to break the law

by digby

One hopes the accounting firm checks with their own attorneys about this because I don’t think they should take Trump’s mouthpieces’ word for it:

President Trump told his accountant to ignore a subpoena from House Oversight Committee Chair Rep. Elijah Cummings (D-MD) in a Monday letter, arguing the request is not “valid or enforceable.”

In the letter, Trump personal attorneys William Consovoy and Stefan Passantino also wrote that the firm is “on notice” regarding the request and signaled that they could take legal action to shield Trump’s financial information.

“We ask that Mazars provide us with at least 10-days notice so that we may take appropriate legal steps to protect our clients’ rights,” Trump’s attorneys wrote in the letter, addressed to Mazars USA outside counsel Jerry Bernstein.

The letter, first reported by Politico, follows a memorandum that Cummings circulated on Friday to lawmakers, saying that he intended to issue a subpoena to Mazars. Cummings seeks personal financial information that Mazars prepared on behalf of Trump and a number of his companies as part of an effort to investigate claims made by Michael Cohen that the President would inflate or deflate the value of his assets to gain tax and other business advantages.

Trump argued in the April 15 letter that Cummings is seeking “confidential information” that is only accessible by the same tax code provision under which the House Ways and Means Committee is demanding the President’s tax returns.

“It is no secret that the Democrat Party has decided to use its new House majority to launch a flood of investigations into the president’s personal affairs in hopes of using anything they can find to damage him politically,” the letter from Trump’s personal lawyers reads.

The letter adds that House Oversight is not a “miniature Department of Justice.”

In a separate release, House Oversight Republicans Jim Jordan (R-OH) and Mark Meadows (R-NC) called the subpoena “unprecedented,” but appear to have stopped short of sending a separate letter to Mazars itself.

Consovoy also represents Trump in his personal capacity in a lawsuit brought by the D.C. and Maryland attorneys general alleging violations of the Emoluments clause, and has written to the Treasury Department to urge it to ignore House Ways and Means’s request for Trump’s tax returns.

These lawyers are just as puerile and classless as their client:

Cranks everywhere

Cranks everywhere

by digby

This is what happens when your rolodex is full of cranks:

Fox News’ Shepard Smith on Monday shut down Philippe Karsenty, a prominent French political gadfly, for suggesting the fire consuming Notre Dame was deliberately set.

“Everybody’s really under shock now in France. I would tell you something, even if nobody died, it’s like a 9/11, a French 9/11,” Karsenty said of the centuries-old cathedral. “You need to know that for the past years, we’ve had churches desecrated each and every week all over France. Of course, you will hear the story of the political correctness, which will tell you it’s probably an accident.”

“Sir, sir, sir, we’re not going to speculate here of the cause of something that we don’t know,” replied an audibly angry Smith. “If you have observations or you know something, we would love to hear it.”

“I’m just telling you something, what we need to be ready — ” Karsenty protested, but Smith shut him down completely, hung up the phone, and proceeded to publicly call out his guest as a liar.

“No, sir, we’re not doing that here. Not now, not on my watch,” Smith said. “The man on the phone with us has absolutely no information of any kind about the origin of this fire, and neither do I.”

“Fire investigators will at some point come to a determination about what caused this,” Smith continued. “Conspiracy theories about anything are worthless and in many cases counter-productive and injurious to society. Those who entertain them are not acting in the best interests of the people of this planet.”

Karsenty has a long history of problematic statements. He was convicted of libel in 2013, and after investigators discovered “funding irregularities” in his campaign for office in 2013, he was banned from running again for a year.

And this too:

On Monday, Bill Donohue of the Catholic League told Fox News host Neil Cavuto that he was “suspicious” regarding the Notre Dame fire.

The Notre Dame Cathedral in Paris caught on fire. Authorities are still investigating the cause of the fire, and as of now, zero casualties have been reported.

“It’s a monumental tragedy. Forgive me for being suspicious. Last month, a 17th-century church was set on fire in Paris. We’ve seen tabernacles knocked down, crosses torn down, and statues,” Donohue said.

“We don’t know that. If we can avoid what your suspicions are. Now I’m wondering how much more the Catholic Church commits to this or do you think they first want to get to the bottom of it?” Cavuto said.

“First, they have to get to the bottom of it. They will rebuild it. There’s no question. I’m sorry. The Eucharist is being destroyed and excrement smeared on crosses,” Donohue said.

“We cannot make conjectures about this. I’m sorry. Thanks very much. I do want to let people know, we’re not trying to be rude to our guests. There’s so much we don’t know,” Cavuto said.

How about not booking right wing nut jobs during a breaking story? It’s … unwise.

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The Children’s Version by tristero

The Children’s Version

by tristero

The last thing I need is some clown telling me what I can and can’t read. Ever. Barr’s obviously going to cut out the really good parts, and because those are the only parts I’m interested in, I’m not gonna read the censored Mueller report.

Not “redacted,” which, in this case (especially in this case), just means censored by an authoritarian government for its own purposes.

Anyone who does read the censored report should be warned that there is no way in hell they are reading what Mueller actually wrote. No matter how damning it appears, you are only reading what Trump and Barr think is fit for you to read. And to say the least, they can’t be trusted.

Likewise, analyses based on the censored Mueller report signify less than nothing about the actual report.

Let’s wait until we can read Mueller unexpurgated. We’re grown ups and we don’t need reality cleaned up for us.

We never have to listen to what right-wing Christians say about morality again

We never have to listen to what right-wing Christians say about morality again

by digby

If they start spouting, just throw this lunacy in their faces:

It’s Easter week, so it’s nice to see them upholding Christian principles:

WWJD?

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Hate works for him

Hate works for him

by digby

The Christchurch killer flashes the white power hand signal

Exactly one month ago today a Trump-admiring white supremacist walked into a mosque in Christchurch New Zealand and killed 50 Muslim worshippers and injured 50 more.

And the President of the United States is doing this:

President Donald Trump on Monday ramped up his attacks against Rep. Ilhan Omar (D-Minn.) —this time labeling her statements “ungrateful” and “hateful” toward the United States—while newly accusing House Speaker Nancy Pelosi of ignoring what he claimed was a record of anti-semitism by the Minnesota congresswoman.

If that wasn’t enough, Trump also baselessly asserted that Omar had been exercising “control” over the top Democrat.

The tweet is the latest escalation in Trump’s targeting of Omar after he drew widespread condemnation on Friday for sharing a video that used out-of-context remarks Omar had given during a Muslim civil rights event to play over graphic images of the 9/11 attacks. Democrats and prominent progressives have since rushed to Omar’s defense, accusing the president of using the inflammatory video to suggest that Omar had downplayed the 9/11 attacks.

Pelosi on Sunday became the highest-ranking Democrat to forcefully denounce Trump over the video. She also announced through a statement that she was consulting with Capitol Police to ensure Omar’s protection.

Shortly after Pelosi’s statement, Omar revealed that she has been subjected to an increase in death threats against her in the days since Trump’s 9/11 video attack.

Perhaps the worst aspect of this, aside from the dangerous incitement, is the fact that they are openly using this as a way to appeal to their voting base:

But Trump’s tweet on Monday came as a clear signal that he intended to ignore his critics, and perhaps even capitalize on the division. The New York Times reported that Trump’s pummeling of Omar, one of the only two Muslim women in Congress, is now a full-on White House strategy aimed at wooing his base. The next stage of that campaign will likely take place later Monday as the president visits Omar’s home state for a so-called economic roundtable.

I think this says as much about his base as it does him. The President is obviously a deranged bigot. We know that. For the most powerful man on earth to dishonestly misrepresent the words of a Muslim congresswoman to incite religious hatred and racism is one of the lowest things he’s done. But his followers are clearly the same if they respond to this sort of attack.

What do we do about the fact that 60 million of our fellow Americans think this way?

By the way, here are some white supremacist Trumpies flashing that white power hand signal in the White House:

Yes, of course, they knew what they were doing.

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The law-breaker in chief is getting bolder

The law-breaker in chief is getting bolder

by digby

My Salon column this morning:

If President Trump manages to win re-election it will be in no small part due to the fact that he’s exhausted the opposition with so much outrageous conduct that regular people simply can’t find the emotional energy to engage in the fight anymore. This week we are expecting to see the result of Attorney General Bill Barr’s redacted version of the Mueller report. It’s very possible that it will leave us with that now familiar feeling that we can believe the president or believe our lying eyes.

We know we saw Trump praising Russian President Vladimir Putin in truly odd fashion throughout the 2016 campaign. We know we saw him deny the Intelligence community’s unanimous conclusion that the Russians interfered in the election, and we know he lied repeatedly to the public about a major real estate deal he was negotiating during the campaign, all of which was at best suspicious and at worst disqualifying. Yet, even if the report lays out in colorful detail that although investigators “did not establish” that Trump committed a crime but did establish that he was ignorant and unethical, it will go down as a victory for him. That’s how degraded our standards have become in just two short years.

So far the country has survived, even if we are a bit worse for wear. But consider the fact that the more Trump gets away with, the bolder he is becoming. Last week we learned that the president of the United States is offering pardons to officials who will agree to break the law. CNN reported:

During President Donald Trump’s visit to the border at Calexico, California, a week ago, where he told border agents to block asylum seekers from entering the US contrary to US law, the President also told the commissioner of Customs and Border Protection, Kevin McAleenan, that if he were sent to jail as a result of blocking those migrants from entering the US, the President would grant him a pardon, senior administration officials tell CNN.

It’s unknown whether Trump ever made a similar offer to the recently fired Homeland Security secretary, Kirstjen Nielsen, but we do know that he repeatedly exhorted her to break the law. The New York Times reported:

The president called Ms. Nielsen at home early in the mornings to demand that she take action to stop migrants from entering the country, including doing things that were clearly illegal, such as blocking all migrants from seeking asylum. She repeatedly noted the limitations imposed on her department by federal laws, court settlements and international obligations.

The White House denies all this, of course. But it’s completely believable because he does these things in public as well as privately. He recently told the press, “We have to get rid of judges” and said that border patrol agents should defy the judiciary if they were told to allow asylum seekers’ claims. At one point after he sent troops to the border he changed the rules of engagement:

Anybody throwing stones, rocks, like they did to Mexico … where they badly hurt police and soldiers of Mexico, we will consider that a firearm because there’s not much difference when you get hit in the face with a rock. … They want to throw rocks at our military, our military fights back. We’re going to consider it — I told them, consider it a rifle.

This would be illegal for both the military and the border patrol and Trump later walked back the order saying he “hoped” the military wouldn’t have to shoot people.

Of course that’s not the only time Trump has told government officials to break the law. Former Secretary of State Rex Tillerson has said he often had to tell the president he was proposing illegal actions, and that when Trump was told he couldn’t do that he’d become very frustrated. (Keep in mind that Tillerson came from the private sector, just like Trump, but somehow seemed to have a basic understanding of ethics and the law.)

And recall this disturbing report from a few months back:

President Trump told the White House counsel in the spring that he wanted to order the Justice Department to prosecute two of his political adversaries: his 2016 challenger, Hillary Clinton, and the former F.B.I. director James B. Comey, according to two people familiar with the conversation. The lawyer, Donald F. McGahn II, rebuffed the president, saying that he had no authority to order a prosecution. Mr. McGahn said that while he could request an investigation, that too could prompt accusations of abuse of power. To underscore his point, Mr. McGahn had White House lawyers write a memo for Mr. Trump warning that if he asked law enforcement to investigate his rivals, he could face a range of consequences, including possible impeachment.

It appears that Trump’s new attorney general may not have quite the same qualms as the former McGahn. Barr has agreed to re-investigate the “origins” of the Russia probe and previously said he believed the bogus Uranium One scandal should be further examined. You’ll notice that Trump has made his personal wishes about this very clear:

The list of Trump’s lawlessness since he’s been in office is very long. And it isn’t just him. Aside from the unprecedented number of corrupt officials who have been forced to resign, his entire administration is defying any laws it sees as barriers to its political agenda. Just last week, the Treasury Department has indicated it plans to defy the law that allows Congress to obtain the president’s tax returns. It’s just what they do.

This has been a strong feature of the administration from the beginning. I think the idea was best articulated by the man who is Trump’s closest adviser on immigration, White House adviser Stephen Miller. He put it this way back in February of 2017 when the first “Muslim ban” executive order was signed:

The end result of this … is that our opponents, the media and the whole world will soon see as we begin to take further actions, that the powers of the president to protect our country are very substantial and will not be questioned.

So far the courts have been able to stop the president’s lawbreaking for the most part. But if he wins re-election, whether he “gets rid of judges” or simply relies on all the new right-wing appointees Mitch McConnell has rushed through on a Senate assembly line, it’s reasonable to assume his “substantial” powers will be questioned far less often.

Pastels or primaries? by @BloggersRUs

Pastels or primaries?
by Tom Sullivan

Justice Department and special counsel’s office attorneys expect this week to finalize color-coding their proposed redactions to the Mueller report before Attorney General William Barr issues that version to Congress.

“They’ve identified four categories of protected information and assigned different colors to each one to identify each cut or trim,” the Los Angeles Times reports. Their color choices are as secret as what’s behind them.

Bloomberg adds:

It’s a moment that will shape American politics and policy, as members of both parties pore over the pages for evidence that damns or vindicates the president. Barr has said he’ll blank out passages based on classified material, grand jury information and to avoid damaging “peripheral” figures who are private citizens, prompting House Democrats to authorize subpoenas for the full report and all the evidence behind it.

Barr told Congress the report is nearly 400 pages, “exclusive of tables and appendices.” Redactions there could be more significant than in the body of the work itself, as could be what is in the footnotes. (We’ve come not to expect a searchable PDF.)

The report’s contents, once revealed, could either dampen support for further investigations into the Donald Trump campaign’s ties to Russia or hang over the president’s reelection bid. While many of the ways Russia interfered in the 2016 election are well-publicized, others not yet public might be revealed. (See tables and appendices.)

Trump’s advisers and attorney Rudy Giuliani are “polishing” a 140-page counter-narrative prepared to rebut any unfavorable Mueller findings. Knocking down evidence of obstruction of justice on Trump’s part has received particular focus. Given their track record, if Trump and his lawyers bring their “A” game, there may be blustery threats to investigate “Crooked Hillary, the DNC, Dirty Cops and others!” and/or a major, shiny distraction. (Rep. Ilhan Omar should watch her back.) Their “B” game could be the legal equivalent of a raspberry delivered with the aid of talking heads at Fox News.

Maybe all of the above.

For those expecting to consume the report in detail, Politico provides a column of tips from Trump fans, Trump foes, plus attorneys and academics for how to read the report and what to read for. Several recommend two or more screens: one for the report and another (maybe two others) to follow Twitter comments from legal analysts as they appear. Point taken.

Update: Marcy Wheeler posts her own advice on how to read what is and is not in the report.