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Month: September 2023

QOTD: President Biden

Nobody can deny the impact of climate crises—at least nobody intelligent can deny the impact of the climate crisis anymore. Just look around, around the nation and the world for that matter,” Biden said while in Live Oak, Fla. “Historic floods, intense droughts, extreme heat, deadly wildfires that have caused serious damage that we’ve never seen before.”

The right wingers are having a fit over this saying Biden insulted them by saying they aren’t intelligent. It says a lot.

The truth hurts.

The house is (still) divided

This is a fascinating essay by Jamelle Bouie looking at the role federalism has played and is playing on the issue of bodily autonomy. In the end, this is the big flaw, isn’t it?

One of the ironies of the American slave system was that it depended for its survival on a federal structure that left it vulnerable and unstable.

Within the federal union, the slave-dependent states had access to a national market in which they could sell the products of slave labor to merchants and manufacturers throughout the country. They could also buy and sell enslaved people, as part of a lucrative internal trade in human beings. Entitled to representation under the supreme charter of the federal union, slave owners could accumulate political power that they could deploy to defend and extend their interests. They could use their considerable influence to shape foreign and domestic policy.

And because the states had considerable latitude over their internal affairs, the leaders of slave-dependent states could shape their communities to their own satisfaction, especially with regard to slavery. They could, without any objection from the federal government, declare all Black people within their borders to be presumptively enslaved — and that is, in fact, what they did.

But the federal union wasn’t perfect for slaveholders. There were problems. Complications. Free-state leaders also had considerable latitude over their internal affairs. They could, for example, declare enslaved Black people free once they entered. And while leaders in many free states were unhappy about the extent of their free Black populations — in 1807, as the historian Kate Masur tells us in “Until Justice Be Done: America’s First Civil Rights Movement, From the Revolution to Reconstruction,” Ohio lawmakers passed a law requiring free Black migrants to register with the county clerk and have at least two white property owners vouch for their ability to support themselves — they ultimately could not stop the significant growth of free Black communities within their borders, whose members could (and would) agitate against slavery.

The upshot of all of this was that, until the Supreme Court’s decision in Dred Scott v. Sandford settled the matter in favor of slaveholders, the status of an enslaved Black person outside a slave state was uncertain. It was unclear whether property in man extended beyond the borders of states where it was authorized by law.

It was also unclear whether a slave state’s authority over an enslaved Black person persisted beyond its borders. And on those occasions when a free Black person was within the reach of slave-state law — as was true when free Black sailors arrived in Southern ports — it was unclear if they were subject primarily to the laws of their home states or the laws of the slave states. South Carolina assumed the latter, for example, when it passed a law in 1822 requiring that all “free Negroes or persons of color” arriving in the state by water be placed in jail until their scheduled departure.

One would have to conclude, surveying the legal landscape of slavery before Dred Scott, that federalism could not handle a question as fundamental as human bondage. The tensions, contradictions and conflicts between states were simply too great. As Abraham Lincoln would eventually conclude, “A house divided against itself cannot stand. I believe this government cannot endure, permanently half slave and half free. I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided. It will become all one thing or all the other.”

“The overturning of Roe v. Wade reveals the Supreme Court’s neglectful reading of the amendments that abolished slavery and guaranteed all people equal protection under the law. It means the erasure of Black women from the Constitution.”

I want you to keep all this in mind while you read about the latest developments in state and local laws regarding abortion. On Monday, Steve Marshall, Alabama’s Republican attorney general, announced in a court filing that the state has the right to prosecute people who make travel arrangements for women to have out-of-state abortions. Those arrangements, he argued, amount to a “criminal conspiracy.”

“The conspiracy is what is being punished, even if the final conduct never occurs,” Marshall’s filing states. “That conduct is Alabama-based and is within Alabama’s power to prohibit.”

In Texas, anti-abortion activists and lawmakers are using local ordinances to try to make it illegal to transport anyone to get an abortion on roads within city or county limits. Abortion opponents behind one such measure “are targeting regions along interstates and in areas with airports,” Caroline Kitchener reports in The Washington Post, “with the goal of blocking off the main arteries out of Texas and keeping pregnant women hemmed within the confines of their anti-abortion state.”

Alabama and Texas join Idaho in targeting the right to travel. And they aren’t alone; lawmakers in other states, like Missouri, have also contemplated measures that would limit the ability of women to leave their states to obtain an abortion or even hold them criminally liable for abortion services received out of state.

The reason to compare these proposed limits on travel within and between states to antebellum efforts to limit the movement of free or enslaved Black people is that both demonstrate the limits of federalism when it comes to fundamental questions of bodily autonomy.

It is not tenable to vary the extent of bodily rights from state to state, border to border. It raises legal and political questions that have to be settled in one direction or another. Are women who are residents of anti-abortion states free to travel to states where abortion is legal to obtain the procedure? Do anti-abortion states have the right to hold residents criminally liable for abortions that occur elsewhere? Should women leaving anti-abortion states be considered presumptively pregnant and subject to criminal investigation, lest they obtain the procedure?

Laws of this sort may not be on the immediate horizon, but the questions are still legitimate. By ending the constitutional guarantee of bodily autonomy, the Supreme Court has fully unsettled the rights of countless Americans in ways that must be resolved. Once again, a house divided against itself cannot stand.

Maybe the federalism is the fundamental problem. Perhaps institutionalizing dozens of different cultural/political/tribal sovereign power structures within a larger country maybe isn’t such a hot idea after all? It’s screwing us royally right now with the nonsensical electoral college that makes a mockery of our democracy. And this ongoing battle with the idea of individual autonomy and the rule of law in 50 different jurisdictions has been our great achilles heel from the very beginning. The authoritarian, white supremacist, patriarchy always seems to get a huge benefit from it even as they wave the American flag and call everyone else unpatriotic.

The hustler who won’t shut up

Yeah, a lot of people thought that after Nixon resigned. But we are in a different country and one thing that’s very different is that the idea of vengeance has overtaken the Party of Grievance. Even if the majority that loathes and despises Donald Trump decides to let bygones be bygone (which is unlikely) it would never be enough for the MAGA “winners.” They will demand blood no matter what. And they will be led by the man who was given the pardon, Donald Trump himself.

So no, there will be no “binding up of the nation’s wounds.” The right is entirely organized around the fight now.

It IS illegal. Many other people have been convicted for doing much less.

Sigh. Whatever. It doesn’t really matter what he says. This guy’s so full of shit it’s boring to even talk about it. But I think he’s the future of the GOP unfortunately. The whole political apparatus is nothing but hustlers and grifters now and they will say and do anything to keep the base riled up. Trump is the prototype. This guy is 2.0. And he and others like him can probably count on tens of millions of people to buy what they’re selling. Ridiculous BS like this:

He depresses me.

Is this a good idea?

I’m not quite sure what I think about this push to invoke the 14th Amendment to keep Trump off the ballot. It certainly seems to be straightforwardly correct on the merits. But whether it’s politically viable — or wise — is still unresolved for me. Would it save democracy or destroy it?

TPM takes a look at the inside of the move to do this:

Those on the vanguard of invoking the seldom-used Disqualification Clause of the 14th Amendment, under which Trump’s role in Jan. 6 would preclude him from running for office again, acknowledge that what they’re doing is unprecedented in the modern era. But so is a president attempting to foment an insurrection. 

“It’s Donald Trump’s fault if some people end up not being able to vote for him,” Gerard Magliocca, an Indiana University law professor who specializes in the Disqualification Clause, told TPM. “He took that right away from them by his misconduct.” 

In interviews with TPM, some of the outside groups leading the charge to enforce the Disqualifications Clause acknowledged the legal realities and complexities involved in disqualifying a major presidential candidate in a country where each state runs its own election and has its own disqualification process. But they also hew to the belief that Trump’s attempt to stay in power against the will of the people not only should bar him from further office, but already does under the Constitution. 

Their plans involve a mixture of public campaigning to apply pressure on the state-level secretaries of state and election boards who decide matters of disqualification. Accustomed to asking judges to rule on petitions involving the age or citizenship of local candidates, good government groups are now crafting bids to have these officials disqualify Trump.

Citizens for Responsibility and Ethics in Washington (CREW) and Free Speech for People (FSFP), among the groups most active on the Disqualification Clause, are tight-lipped about where they plan to file formal legal challenges to disqualify Trump, though FSFP sent letters this week asking officials in Florida, Ohio, Wisconsin, New Hampshire and New Mexico to drop Trump from the ballot. That, in turn, has prompted some other states to start examining the process. 

Getting Underway

The disqualification clause has been the subject of renewed buzz since two conservative scholars — associated with the Federalist Society, no less — published a preview paper in the University of Pennsylvania Law Review endorsing the argument that Trump is disqualified from running. 

That buy-in forced a closer look from observers and even elected officials who might’ve been predisposed to shrug the argument off as the latest liberal wishcasting.   

But while the proposal’s resurgence in the post-Reconstruction era is new, CREW and FSFP have already tested it in court.  

FSFP, a Boston-based nonprofit helmed by attorney John Bonifaz, started filing in 2021 to disqualify candidates — including Rep. Marjorie Taylor Greene (R-GA) and former Rep. Madison Cawthorn (R-NC) — from the ballot. 

The group’s legal director, Ron Fein, told TPM that FSFP is gearing up for a legal fight to disqualify Trump in several states before the Republican primaries begin.

“We’re pursuing both advocacy to persuade secretaries of state to disqualify Trump on their own and we will also be filing formal legal challenges to Trump’s candidacy in multiple states,” Fein said.

FSFP has already gotten part of its plans underway. 

Their strategy is two-pronged: keep up public pressure via letters to secretaries of state, election boards, and public protests at state election offices. 

But it’s the second part that will constitute the real test of the process. That will come down to formal petitions and lawsuits that the group is planning to file, asking whichever the relevant authority is in a given state to find that Trump is disqualified. Fein said that that will require FSFP to prove not only that Trump’s effort to reverse his loss in 2020 qualified as an insurrection, but that he undertook real acts to “engage” in it — thereby meeting a Reconstruction-era legal standard.

“Our predecessors wrote Section 3 of the 14th Amendment of the Constitution because they learned a bloody lesson from the Civil War,” Fein said. “When someone foments a violent insurrection against the U.S., they can’t be trusted with public office.”

51 Different Elections

Many of the same archaic processes which Trump tried to use to his advantage in his attempt to undermine the 2020 election results also make disqualification difficult. Each state runs its own election for presidential electors, and each one has its own disqualification procedures to navigate. The effect is that piecemeal, individual efforts are less likely to achieve an outsized effect than organizations which can coordinate nationally. 

They also only need to knock Trump off a few swing state ballots before the electoral math becomes very difficult for him, meaning they don’t have to succeed in every state to effectively disqualify him nationally. That math will help inform the plan, as will homing in on venues where the challengers will have the latitude to collect and display evidence — something judges have blocked in other disqualification cases. 

“That very consideration is part of what informs where we’ll file — we want to file in a forum that will allow you to do those sorts of procedures,” Nikhel Sus, CREW’s director of strategic litigation, told TPM, adding: “We have trial plans, plans to put on evidence and witnesses. Just having some sort of evidentiary hearing or trial has value in and of itself.” 

In some states, that’ll play out in administrative court. In others, normal state court.

Sus told TPM that the group will file lawsuits challenging Trump’s eligibility on the Republican primary ballot by the end of this year. 

That effort will encompass the idiosyncrasies of the various states, and will entail “a mix of both” complaints through election officials and complaints through the courts, befitting each state’s requirements.  

In North Carolina, for example, former state Supreme Court justice Robert Orr found himself combing through pages from an 1869 case testing the Disqualification Clause to see how it might apply.

“The intent of the framers of that constitutional amendment, that provision in the 14th Amendment, was to send a very distinct message not only to all the old Confederates, but to those who potentially might try it again,” Orr told TPM. 

Orr worked with FSFP on a bid to disqualify Cawthorn, and said he expects bids against Trump in his state.

Mixed Early Results

Most of those attempts, made after Jan. 6 to disqualify various Big Lie-friendly Republicans — Reps. Andy Biggs (R-AZ) and Paul Gosar (R-AZ), Mark Finchem, the GOP nominee for Arizona Secretary of State, Green and Cawthorn — were unsuccessful. 

In the Georgia and Arizona cases, judges blocked the challengers from obtaining and displaying the evidence on which the disqualification was predicated. That made it very difficult to prove that the lawmakers had engaged in an insurrection. 

In the one successful disqualification so far — CREW’s effort to remove Otero County, New Mexico commissioner Couy Griffin, who joined the mob on Jan. 6, from his post — the challengers put on an extensive trial with witnesses and video footage. 

Some of the problems that plagued FSFP in these cases would be unlikely to so thoroughly bedevil attempts to disqualify Trump. Along with the groups’ wariness about the evidentiary roadblocks and plans to file where they can put on a whole trial, much more of Trump’s actions before and during Jan. 6 are in the public record. The House Jan. 6 committee and subsequent indictments create a comprehensive record of what exactly Trump did. 

These groups would also simply have more bites at the apple with Trump. Instead of relying on one judge, or at best, one series of courts, they’ll challenge Trump’s qualification in a wide swath of states with an eye to where they’ll most likely find success. 

“The odds that everyone is gonna agree that he’s eligible are pretty low,” Magliocca said. “As long as you have somebody saying he’s ineligible, this is going to the Supreme Court, and probably pretty quickly.” 

I dunno. It’s such a tremendous threat that it seems that any legal and constitutional means to keep him out of the White House again is justified. But what then? I’m not convinced that this particular cure wouldn’t end up being worse than the disease. I guess I’ll need to watch this play out and see where it leads.

Bad news here today

Meadows may have committed perjury

Izzy Einstein and Moe Smith, the legendary prohibition agents, raided illegal speakeasies a century ago, often using ruses and costumes to finagle their way inside to order drinks. Izzy would surreptitiously pour his drink down a funnel hidden in his vest. A hose led to a bottle for preserving evidence. He would announce he had “bad news.” You’ve just been raided.

There was more bad news for Mark Meadows and Donald Trump last week in Meadows’ hearing transcript.

But wait! There’s more. Ryan Goodman of Just Security observes in a thread that Meadows got involved in coordinating the fake electors scheme because he “would get yelled at” if he didn’t.

“By whom?” the judge asked Meadows.

“By the president of the United States,” Meadows replied, implicating both Trump’s knowledge of the scheme and active participation in it. It’s also a Hatch Act violation for a president, says Goodman.

Meadows also admitted involving Cleta Mitchell in Georgia to help the campaign.

“Note how these admissions also contradict Meadows’ attempt to claim he was trying to ‘land the plane’ to move toward the transfer of power to Biden,” Goodman told CNN. “Helping set up the false electors as a backup plan is NOT landing the plane.”

Right down the funnel

Special prosecutor “Jack Smith may need to consider possible perjury charges,” Goodman adds. “The entire house of cards – falsely claiming all his conduct was pursuant to government duties – fell apart under cross examination.”

In a court filing, Fulton Country District Attorney Fani Willis wrote that “after insisting that he did not play ‘any role’ in the coordination of slates of ‘fake electors’ throughout several states, the defendant was forced to acknowledge under cross-examination that he had in fact given direction to a campaign official in this regard.”

In a footnote, Willis adds, “The Court has ample basis not to credit some or all of the defendant’s testimony.”  

Trump may not, but Meadows may have needed a few drinks after his last week.

They’re predictable that way

Judge slaps down DeSantis redistricting map

“Today’s redistricting victory in Florida was proof that if you aren’t paying attention to the courts you aren’t paying attention to democracy,” Democratic elections attorney Marc Elias posted Saturday after a Florida circuit judge struck down a Republican congressional map promoted by Gov. Ron DeSantis.

Republicans “hate me because I fight, they fear me because I win,” Elias crowed.

Because the plan diminishes Black voters’ “ability to elect representatives of their choice,” per the Fair Districts Amendments, “The Enacted Plan is DECLARED an unconstitutional violation of the Florida Constitution, Article III, Section 20,” wrote Circuit Judge J. Lee Marsh who sent it back to the Florida Legislature for a do-over (Politico):

Judge J. Lee Marsh’s ruling is a rebuke to the governor, who previously vetoed the Legislature’s attempts to redraw Florida’s congressional maps and pushed lawmakers to approve his map that dismantled a North Florida seat formerly held by Rep. Al Lawson, a Black Democrat.

Yeah, they’re predictable that way.

The congressional map pushed by DeSantis broke up Lawson’s district, which linked Black neighborhoods and towns stretching from just west of Tallahassee to Jacksonville. Lawson, who lost election last year, previously said he would consider running for his old seat if lawmakers reinstate it to a similar configuration as when he held it.

Florida Secretary of State Cord Byrd, in a text message, said that he disagrees with the decision and that the state will appeal the ruling to the state Supreme Court.

PBS provides some background:

The decision was the latest to strike down new congressional maps in Southern states over concerns that they diluted Black voting power.

In June, the U.S. Supreme Court overturned a Republican-drawn map in Alabama, with two conservative justices joining liberals in rejecting the effort to weaken a landmark voting rights law. Not long after that, the Supreme Court lifted its hold on a Louisiana political remap case, increasing the likelihood that the Republican-dominated state will have to redraw boundary lines to create a second mostly Black congressional district.

In each of the cases, Republicans have either appealed or vowed to appeal the decisions since they could benefit Democratic congressional candidates facing 2024 races under redrawn maps. The Florida case likely will end up before the Florida Supreme Court.

Yeah, they’re predictable that way.

In an unprecedented move, DeSantis interjected himself into the redistricting process last year by vetoing the Republican-dominated Legislature’s map that preserved Lawson’s district. He called a special session, submitted his own map and demanded lawmakers accept it.

In their lawsuit, the voting rights groups claimed the redrawn congressional map violated state and federal voting rights protections for Black voters.

Yeah, they’re … it’s Ron DeSantis fer cryin’ out loud. He signed the maps into law in April 2022.

Here in the Tar Heel State, the governor has no veto over redistricting. Democrats led by then-state Sen. Roy Cooper saw to that back in the late 1990s when they ran the show. Should a Democrat ever regain control in Florida, expect a lame duck Republican legislature to attempt to replicate that posthaste.

https://twitter.com/marceelias/status/1698065683022549500?s=20

An Elpee’s Worth of Covers: A mixtape

Since it’s Labor Day weekend, I thought I would give the original artists a day off and share 20 of my favorite cover songs. Kick back and enjoy!

The Jimi Hendrix Experience – “All Along the Watchtower”

Original artist: Bob Dylan

And the wind began to HOWL!” Jimi’s soaring, immaculately produced rendition (from Electric Ladyland) came out 6 months after the original appeared on Dylan’s 1967 John Wesley Harding LP.

Patti Smith – “Because the Night”

Original artist: Bruce Springsteen

OK, Springsteen gave Smith first crack at it, so it could be argued that his version (recorded later) is technically the “cover”. I do feel Smith’s version is definitive (the Boss wins either way…as long as those royalty checks keep rolling in).

Issac Hayes – “By the Time I Get to Phoenix”

Original artist: Glen Campbell (written by Jimmy Webb)

Hayes deconstructs Glen Campbell’s Jimmy Webb-penned hit and adds a backstory to build it into an impeccably arranged, epic suite that eats up side 2 of Hot Buttered Soul. This is his magnum opus…symphonic, heartbreaking, beautiful.

Savoy Brown – “Can’t Get Next To You”

Original artist: The Temptations (written by Norman Whitfield and Barrett Strong)

A bluesy take on the Temptations hit, from Savoy Brown’s Street Corner Talking album. The song features fine work from Dave Walker (vocals), Paul Raymond (piano) and founding member Kim Simmonds (guitar).

Judas Priest – “Diamonds and Rust”

Original Artist: Joan Baez

It sounds like a comedy bit: “Here’s my impression of Judas Priest covering a Joan Baez song.” But it happened, and it’s become one of Priest’s signature tunes. This is a stripped-down version (from a VH-1 broadcast) featuring a sonic vocal performance by Rob Halford.

Julian Cope – “5 o’clock World”

Original artist: The Vogues (written by Allen Reynolds)

The endearingly loopy Teardrop Explodes founder reworks a 1966 pop hit by The Vogues (appending a few new lyrics about nuclear war…I think). I love how Cope cleverly incorporates quotes from Petula Clark’s “I Know a Place” for good measure!

Ken Sharp – “Girl Don’t Tell Me”

Original artist: The Beach Boys (written by Brian Wilson)

Ken Sharp is a modern power pop renaissance man; he has authored or co-authored 18 music books, is a regular contributor to a number of music mags, has worked on music documentaries, and (in his spare time?) releases an occasional album (8 of them to date). This chiming cover of an underappreciated Beach Boys B-side sounds very Beatlesque…which makes sense when you factor in that Brian Wilson has said it was inspired by “Ticket to Ride”.

Fanny – “Hey Bulldog”

Original artist: The Beatles (written by John Lennon and Paul McCartney)

Before The Runaways, this Filipina-American rock band kicked ass and took names. They may have been too early for the party, as they never caught fire. This Beatles cover is from their 1972 LP Fanny Hill. Earlier this year, PBS premiered a great documentary portrait called The Right to Rock. It’s criminal they’re not in the R&R Hall of Fame.

Clive Gregson & Christine Collister- “How Men Are”

Original artist: Aztec Camera (written by Roddy Frame)

Clive Gregson (founder/lead singer of 80s power-pop band Any Trouble) teamed up with singer-songwriter Christine Collister to cut 5 superb albums in the 80s and 90s. This beautifully performed cover appeared on their 1989 album Love is a Strange Hotel.

Yvonne Elliman – “I Can’t Explain”

Original Artist: The Who (written by Pete Townshend)

Yvonne Elliman first gained fame in the early 70s playing Mary Magdalene in the original stage production, soundtrack album and film version of Jesus Christ Superstar. While her biggest hit was from the Saturday Night Fever soundtrack (“If I Can’t Have You”, which reached #1 on the Billboard chart in 1977), she could rock out-as evidenced by this nifty 1973 cover of a classic Who number. Pete Townshend plays guitar on the track.

Continental Drifters – “I Can’t Let Go”

Original artist: Evie Sands (written by Al Gorgoni and Chip Taylor)

This L.A.-based band formed in the early 90s, and at one time or another over its 10-year lifespan featured members of The Bangles, The dBs, The Dream Syndicate, and The Cowsills. This cut (also covered by Linda Ronstadt, who had a minor hit with it in 1980) is taken from a 1995 tribute album called Sing Hollies in Reverse, which featured indie rock artists covering their favorite Hollies songs (Evie Sands released the original in 1965, but the song was popularized by The Hollies, who covered it in 1966). Fantastic harmonies.

Chris Spedding – “I’m Not Like Everybody Else”

Original artist: The Kinks (written by Ray Davies)

Spedding is the Zelig of the U.K. music scene; an official member of 11 bands over the years, and a session guitarist who’s played with everybody since the 70s. This Kinks cover is from his eponymous 1980 album.

Me First and the Gimme Gimmes – “Leaving on a Jet Plane”

Original artist: John Denver

Definitely not as originally envisioned by John Denver…but you can mosh to it! This outfit (specializing in covers) is a side project for members of various pop-punk bands.

Paul Jones “Pretty Vacant”

Original artist: The Sex Pistols

The gimmick of doing ironic lounge covers of punk songs may be hackneyed now, but in 1978, this take on a Sex Pistols anthem was a novel idea…and it works quite well.

David Bowie – “See Emily Play”

Original artist: Pink Floyd (written by Syd Barrett)

Bowie was always ahead of the curve; even when he went retro. All-cover albums weren’t the rage yet when Bowie issued Pin Ups in 1973 as a nod to the 60s artists who influenced him.

Gary Moore – “Shapes of Things”

Original artist: The Yardbirds (written by Paul Samwell-Smith/Jim McCarty/Keith Relf)

This Yardbirds classic has been covered by a number of artists (including The Jeff Beck Group and David Bowie), but for my money, this dynamic arrangement by the late great Irish guitarist/vocalist rules them all.

The Isley Brothers – “Summer Breeze”

Original artist: Seals & Crofts

You could always count on the Isleys to put as much heart and soul into covers as they did for their original material. This take on a Seals & Crofts classic is no exception. Ernie Isley’s guitar solo is amazing.

Julee Cruise “Summer Kisses, Winter Tears”

Original artist: Elvis Presley (written by Fred Wise and Ben Weisman)

David Lynch’s favorite chanteuse (who passed away in 2022) recorded this haunting Elvis cover for the soundtrack of Wim Wender’s 1991 film Until the End of the World.

Nazareth – “This Flight Tonight”

Original artist: Joni Mitchell

Reportedly, Joni Mitchell loved Nazareth’s 1973 cover of a song featured on her 1971 album Blue. Lead singer Dan McCafferty gives his pipes a real workout . Nancy Wilson once confessed in an interview that Heart copped that galloping intro riff for “Barracuda”.

Ronnie Montrose – “Town Without Pity” (instrumental)

Original artist: Gene Pitney (written by Dmitri Tiomkin and Ned Washington)

I had the privilege of seeing this extraordinary guitarist perform in San Francisco in 1980, and in Seattle in 2011 (sadly, he took his own life in 2012). He was one of the best. This cover of Gene Pitney’s 1962 hit was featured on his 1978 all-instrumental album Open Fire.

Bonus Track…

Headin’ out to San Francisco
For the Labor Day weekend show
I got my Hush Puppies on
I guess I never was meant for glitter rock ‘n’ roll
And honey, I didn’t know that I’d be missin’ you so

I was sad to learn that singer-songwriter Jimmy Buffett has passed away. On Labor Day weekend, no less. I’m not a Parrothead, yet I inevitably find myself merrily singing along whenever “Come Monday”, “Margaritaville”, or “Son of a Son of a Sailor” pops up on the oldies station (cat could write a chorus). Raise your margaritas for a toast. In memoriam, here’s his laid-back (natch) cover of C,S,N, & Y’s “Southern Cross”. RIP.

Explore more on music and movies in the Den of Cinema archives

Dennis Hartley

91 Charges and a 60% approval rating

You’d think that would give GOP voters pause. But …

The WSJ reports:

Donald Trump has expanded his dominating lead for the Republican presidential nomination, a new Wall Street Journal poll shows, as GOP primary voters overwhelmingly see his four criminal prosecutions as lacking merit and about half say the indictments fuel their support for him.

The new survey finds that what was once a two-man race for the nomination has collapsed into a lopsided contest in which Trump, for now, has no formidable challenger. The former president is the top choice of 59% of GOP primary voters, up 11 percentage points since April, when the Journal tested a slightly different field of potential and declared candidates.

Trump’s lead over his top rival, Florida Gov. Ron DeSantis, has nearly doubled since April to 46 percentage points. At 13% support, DeSantis is barely ahead of the rest of the field, none of whom has broken out of single-digit support.

I’m actually a little surprised it took this long. There was never a question that this would be the dynamic. I suppose anything can happen but if all goes as usual, Trump will be the nominee.

By the way, for those tormented by Biden’s low approval rating and the close general election poll, this is Obama’s approval rating at this time in the 2012 election cycle:

Here’s Biden’s (they only publish them monthly now)

Just saying.

Dirty Coffee

CNN reports:

The breach of the Coffee County elections office can seem almost out of place in the 97-page Georgia indictment of former President Donald Trump and associates.

The sprawling racketeering allegations spread from centers of power with pressure on the vice president to ignore the Constitution, reported calls to secretaries of state to change vote counts, and the creation of slates of fake electors for Congress. They also include the invitation of a tech team to a non-public area of a small-town administration building.

But to some people in Coffee County, deep in southern Georgia and far from interstates, the alleged crimes were merely the latest chapter in a local history of failing to secure the rights and votes of residents. And they worry it’s a history that will repeat…

Douglas is a majority Black city, and the surrounding Coffee County is about 68% White and 29% Black. Like many places in the South, Black citizens have had to fight for democratic rights in court – repeatedly suing for representative districts for the election of local officials since the 1970s. In the late summer, it’s unbearably hot – so hot that if you sit outside too long people ask if you’re crazy. If you have a latent southern accent, the town will draw it out.

When CNN asked local people how to put the alleged election office breach in the broader context of voting rights in the county, nearly everyone suggested we speak to “Miss Livvy.” Olivia Coley-Pearson is a Douglas city commissioner, the first Black woman elected to the position. She’s a tall woman who wore a Barbie-pink blazer when we met, and like many others CNN spoke with in Coffee County, she saw the involvement of her county in the alleged Trump scheme as part of a long local pattern of voter suppression and intimidation.

“There’s power – a certain amount of power and control when you’re in certain offices,” Coley-Pearson told CNN. “Some people will do whatever it takes to maintain it. … And if it takes voter intimidation to do it, some people willing to intimidate to maintain that power and control.”

Coley-Pearson, named a “human rights hero” by the American Bar Association, follows in the footsteps of her mother, who was a political activist in Coffee County in the 1970s, the decade after segregationist Gov. Lester Maddox had picked the county to host many of his speeches. Gladys Coley is commemorated with others in a memorial plaque for fighting for civil rights in Douglas and across the county.

Coley-Pearson is well-known for helping people who may need a ride to the polls. Not everyone around town appreciates her efforts, however. In a Facebook Live video posted a couple days before the alleged breach, Latham complained about Coley-Pearson’s get-out-the-vote efforts for Georgia’s runoff elections to the US Senate.

“Olivia Pearson’s up to her normal – handing out hamburgers and hot dogs … to people who voted and stuff,” Latham said, running her fingers through her cropped blonde hair in apparent exasperation. “So, all kinds of things happening in Coffee County just to get people to come vote. Yeah, it’s not a really good situation down here.”

Latham urged her viewers to vote. “We got to out-vote the fraud,” she said. She has not responded to CNN’s request for comment.

‘Crooked Coffee’

Coley-Pearson had tangled with local officials over voter access several times. Georgia law allows people who are disabled or illiterate to get assistance in voting, and Coley-Pearson helped with that in the 2012 election. At the time, it seemed uneventful.

But Coffee County officials complained to the Georgia secretary of state’s office that she helped people who didn’t qualify for assistance. It led to a years-long investigation, and though the state didn’t prosecute her, she was charged locally with two felonies. After one trial ended in a hung jury, she was found not guilty in the second in 2018.

Then, during early voting in October 2020, Coley-Pearson asked a question about the buttons on a voting machine, sparking a confrontation with then-election supervisor Misty Hampton. Coley-Pearson says Hampton was “hollering” that she must not touch the machine. Hampton, who is White, has said in a deposition that she spoke in a “normal voice” and told Coley-Pearson she was being “disruptive.” The voter Coley-Pearson assisted said in a deposition she felt afraid of Hampton.

Coley-Pearson left the polling place to pick up another voter, Rolanda Williams. In the meantime, Hampton called the police. “She’s out here touching my darn machines,” Hampton told the police, as recorded in a police video. At one point, after saying Coley-Pearson had improperly touched the ballot, Hampton said, “I don’t care what I got to file, what I got to do, she is not to come back to my office. If I have to say I feel threatened I don’t care. Because I do!” Hampton has not responded to CNN’s request for comment.

When Coley-Pearson returned to the polling place with Williams and stepped out of the car, she was met by police officers. They said she was banned from the property for yelling, she remembers. “I guess they didn’t like me asking why, and I got arrested. I was put in handcuffs,” Coley-Pearson said, beginning to cry at the memory.

“She was telling the cop that the handcuffs were too tight. And to me, he was trying to get them tighter,” Williams, the voter Coley-Pearson was driving, told CNN. When Williams went inside the polling place, she said Hampton began asking her questions. “She was asking me where I work – which, I felt was none of her business. … She actually pulled up a Facebook page of mine. And I felt like I was into some type of trouble or something.”

“I was scared and fearful,” Williams said. “I didn’t want to go back up there to vote. And I won’t go back and vote, because of everything that’s going on. I didn’t understand why they call this ‘Crooked Coffee.’ But now I understand.”

I think we all understand. That’s the old Georgia that’s trying to maintain its stranglehold on power. Donald Trump articulates that for them but they would do it anyway. They’ve always done it.

Biden in Florida

DeSantis wouldn’t be seen with him. Naturally.

Luckily some people in Florida still have good manners:

And here’s a surprise:

Heh. Somebody just stuck it to both Trump and DeSantis.