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Month: August 2022

To hell with conventional wisdom

Is the country slip-sliding away or what?

Getting Democrats to think outside the box is a sisyphean undertaking. Getting the press to do the same is as much a challenge. If it bleeds, it leads. Both-sidesism is near-hardwired even in the face of “an utterly asymmetrical situation.” As is race-horse election framing and conventional wisdom.

Although polling is slowly trending blue, one needs to be cautious about reading too much into it, as Digby warned last week.

Nevertheless, it has been difficult to muster a lot of enthusiasm this election cycle. My Senate candidate continues to campaign as blandly as she’s been ill-advised by Emily’s List and the DSCC. Excitement is not in the air.

While coverage this year trends conventional wisdom, the times themselves are anything but. Damage wrought by Donald Trump’s four-year misrule continues to harm and irritate. So much so that “there’s reason to believe 2022 does not fit neatly into the old paradigms,” writes E.J. Dionne:

Tuesday’s primaries in Arizona, Kansas, Michigan, Missouri and Washington are a reminder of another factor working in the Democrats’ favor, particularly in key Senate races: GOP voters have picked a lot of very right-wing and thus highly vulnerable nominees.

The result: If the public isn’t wild about Democrats, they like Republicans even less. That Pew survey found that 57 percent of Americans had an unfavorable view of the Democratic Party, but 61 percent had an unfavorable view of Republicans.

This means that many Democrats who take a critical view of Biden — often because they don’t think he’s fighting Republicans hard enough — are still telling pollsters they’re determined to vote Democratic in the midterm elections, as my Post colleague Perry Bacon Jr. pointed out this month. And the prospect of congressional breakthroughs for Biden’s long-stalled program could bump up the president’s numbers enough to make an electoral difference.

In the face of growing backlash over Republicans’ deepening fanaticism, Democratic Party leaders persist in believing kitchen table issues are the topic on which the fall elections will turn. They can read the polls but cannot seem to read the room.

Dionne again:

When it comes to the substance of the matter, you can count me as believing that until Republicans break openly and decisively with Trump, putting them in power is profoundly dangerous. But the numbers — especially when it comes to holding their slim House majority — are still daunting for Democrats.

Count me daunted yet resolved.

Republicans have become a radicalized faction bent on refashioning the U.S. as a single-party, strongman-led autocracy. Democrats might want to point that out to Americans who know it but are reluctant to face it. Women’s autonomy is the conversation-starter.

Democrats like U.S. Rep. Sharice Davids of Kansas are doing that (ABC News):

An online ad she released last week highlights how Amanda Adkins, the Republican favored to emerge from Tuesday’s primary for a rematch with Davids in November, opposed abortion without exceptions. The ad points to Adkins’ support of an amendment to the Kansas Constitution on the ballot Tuesday that would make clear there is no right to abortion in the states.

“There were a lot of people who would not have known that I have an opponent who is extreme on this issue,” Davids, who beat Adkins in 2020, said in an interview. “It’s not hypothetical anymore.”

Other Democratic woman in tough reelection fights are getting there,

… including Reps. Angie Craig of Minnesota, Cindy Axne of Iowa, Elissa Slotkin of Michigan, Abigail Spanberger and Elaine Luria of Virginia, and Susan Wilds of Pennsylvania. They all face Republican opponents who support the high court’s abortion ruling. Some are contending with rivals who back efforts to ban abortion in all circumstances, including when the mother’s life is at risk.

Polling shows overwhelming support for abortion in critical situations, exceptions laws now being considered by Republican legislatures deny (emphasis mine):

In an interview, Axne was adamant that she would make abortion a central theme of her campaign. Axne’s GOP opponent is state Rep. Zach Nunn, who indicated in a primary debate that he opposes abortion without exceptions.

“I can’t even believe I have to say this. I have an opponent who would let a woman die to bear a child,” Axne said. “This is crap we don’t see in this country. This is the stuff we talk about in other countries and women not having rights.”

Spanberger’s opponent made a statement on abortion reminscient of “legitimate rape.”

“Republican congressional candidate pulls a Todd Akin on abortion,” Spanberger’s campaign posted online.

These are not ordinary times. The Democratic response to Republican fanaticism is not anodyne statements about “fighting for you,” etc. Democrats have to show some fight. People see what the GOP has become. Democrats need to make that contrast, not merely soothe peope’s economic anxieties. Voters won’t say so out loud, but want to believe this country is not slipping into fascism. So do I.

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Request a copy of For The Win, 4th Edition, my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us.

Too big to jail

Impunity for the king and his friends

Photo: Sang Hyun Cho via Wikipedia Commons (CC BY-SA 4.0).

“For the king’s friends, impunity. For his enemies, the law,” goes the saying in various iterations. Javier Corrales, a professor of political science at Amherst College with expertise on Latin America, warned that Donald Trump was using the law like an autocrat to erode democracy and concentrate his own power.

“The goal is always,” Corrales wrote in March 2020, to “abuse and ignore the law to reward loyalists and perhaps even punish critics.” In fact, Trump just threatened CNN with a lawsuit. Because threatening is easy. It’s what he does.

Trump’s brazenness simply spotlights a truth long hidden in plain sight: Lady Justice peeks through her blindfold. The system has always protected the elite and punished the rest. Blind justice remains aspirational.

Climate One‘s broadcast over the weekend examined PG&E corporate misfeasance/malfeasance that led to massive, deadly California wildfires and its post hoc efforts to correct them. Host Greg Dalton began, “In 2020, the California utility Pacific Gas and Electric pleaded guilty to 84 counts of involuntary manslaughter for deaths resulting from a failed power line. But not one person from PG&E served time.”

Katherine Blunt of The Wall Street Journal says the judgment “speaks to this kind of difficult understanding and convoluted world of corporate liability. This wasn’t a financial crime or you know a white-collar crime that was victimless. I mean these are homicide charges. And it’s kind of remarkable to consider the process the prosecutors had to go through to convict the company on these charges.”

Blunt wrote in the Wall Street Journal:

It is unusual for major corporations to face homicide charges. Such charges typically require prosecutors to prove knowledge of risk or intent of misconduct among individuals within the company, legal experts say.

“Criminal charges against a corporation are rare, and manslaughter charges are especially rare,” said Will Thomas, a business law professor at University of Michigan. “It’s an indication of just how bad some of PG&E’s activities have been.”

“Corporations are people, my friend,” Mitt Romney said famously while running for president in 2011. Various court rulings and Citizens United treat them as such (1 U.S.C. section 1). But these artificial persons are friends of the king. Even in the rare cases when they are convicted of multiple homicides, these persons are privileged. They can neither be jailed nor terminated. PG&E received fines amounting to no more than a slap on the wrist and went about its business. Changed, says new CEO Patti Poppe, but you or I would still be sitting in a cell.

PG&E pleaded guilty the same month Corrales warned of Trump’s “autocratic legalism” in the New York Times.

Corrales’ emphasis was on how Trump might abuse the legal system to punish his enemies, not on how it might protect him and them. The problem the justice system in this country faces after Jan. 6 is that, as the nearest thing the U.S. has to a king (or former king), successfully prosecuting Trump for federal crimes including fomenting a violent insurrection will be as or more difficult as convicting a corporate person, even for homicide.

The chances Trump will ever see the inside of a jail cell if prosecuted and convicted are slim. That’s not a bug in our legal system. It’s a feature.

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Request a copy of For The Win, 4th Edition, my free, countywide get-out-the-vote planning guide for county committees at ForTheWin.us.