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How To Fight A Tyrant

Harvard professors Steven Levitsky and Daniel Ziblatt, experts on democratic systems and authors of “Tyranny of the Minority” have a great essay in today’s NY Times today about the various ways a society can protect itself from anti-democratic forces. I am including a gift link so that you can read the whole thing.

Here’s the intro:

Democratic self-rule contains a paradox. It is a system premised on openness and competition. Any ambitious party or politician should have a shot at running for office and winning. But what if a major candidate seeks to dismantle that very system?

America confronts this problem today. Donald Trump poses a clear threat to American democracy. He was the first president in U.S. history to refuse to accept defeat, and he illegally attempted to overturn the results of the 2020 election. Now, on the brink of returning to the White House, Mr. Trump is forthrightly telling Americans that if he wins, he plans to bend, if not break, our democracy.

Mr. Trump tells us he plans to prosecute his political rivals, including Joe Biden, Kamala Harris, Liz Cheney and other members of the Jan. 6 Select Committee; deploy the army to repress protest; and order the deportation of 15 to 20 million people, including some legal immigrants.

We have been studying democratic crisis and authoritarianism for 30 years. Between the two of us, we have written five books on those subjects. We can think of few major national candidates for office in any democracy since World War II who have been this openly authoritarian.

They outline five different approaches to combatting assaults on democracy with examples of how it’s worked in other countries. It’s happened here too but in the past we quelled it with what they call “partisan gatekeeping”

In the absence of legal tools to block extremist threats, the responsibility for fending off such threats falls to political parties. In a healthy democracy, party leaders police their own ranks, expelling antidemocratic elements or refusing to nominate extremists or demagogues for public office.

American parties were effective gatekeepers throughout the 20th century. In the early 1920s, Henry Ford, the plain-spoken founder of Ford Motor Company, who was admired by many Americans but whose extremism and anti-Semitism was embraced by Hitler and the Nazis, considered running for president as a Democrat. Early polls showed him leading the pack of potential candidates. But Democratic leaders never seriously considered him. Finding the party’s gates closed, Ford abandoned his presidential aspirations.

Half a century ago, Republican leaders engaged in self-policing when they joined in congressional investigations into wrongdoing by President Richard Nixon. When Mr. Nixon’s abuse of power was brought to light, key Republican leaders supported impeachment. Their actions shifted public opinion in important ways. It was not until a group of Republican lawmakers came out in favor of impeachment beginning in late July 1974 that a clear majority of Americans supported Mr. Nixon’s removal from office.

We all know how that’s worked out with this current threat. Trump tried to stage a coup and incited a violent insurrection and his party refused to use the one tool that could have prevented him from ever doing it again: conviction in the second impeachment trial. They are accomplices now.

Right now we’re trying what they call a “containment strategy” which is to try to create a popular front consisting of ideological opponents coming together to stop this illiberal movement. That’s the strategy of people like Liz Cheney and others to work with a very unified Democratic coalition to defeat Trump. It’s difficult because most Republicans are cowards and traitors:

But containment is hard in a polarized two-party system. Most of the prominent Republicans who have not endorsed Mr. Trump, including Senator Mitt Romney, former Vice President Mike Pence, and former President George W. Bush, declined to back Ms. Harris, opting instead to remain on the sidelines. Other leading Republicans who declared Mr. Trump unfit for office after 2020, such as Senator Mitch McConnell, the minority leader, and Nikki Haley, a former South Carolina governor and U.N. ambassador, who ran against Mr. Trump this year, now support him. As long as Republican leaders who privately view Mr. Trump as a grave danger refuse to go public, most Republicans voters will remain unmoved.

There are more options, none of which are currently on the menu mostly because many people who should know better still don’t seem to see the threat.

These assaults on democracy have been happening with some frequency around the world so it says something that these authors say they’ve rarely seen major national candidates as openly authoritarian as Trump. It sent a chill down my spine to read that. After I read how lamely we are resisting it, I felt another one. This may very well be our last chance.

About The Early Vote

There’s a lot of chatter about the early vote with Donald Trump changing his tune and suggesting that the GOP is breaking all early vote records. (“Nobody’s ever seen anything like it!) It does appear that the early vote is going well but it’s worth taking a look at some analysis as to what it means.

Tom Bonier is the early vote data guy and he wrote this on his substack today, discussing why this year is different:

Well, for one, we’re not in the peak of a deadly pandemic. The 2020 election saw the biggest liberalization of access to early voting as states adapted to the realities of the pandemic. And it was a great success, with over 100 million Americans safely casting their vote before Election Day. Of course, there was an asymmetry here. Democrats were more covid-conscious, and therefore more likely to cast an early vote (take Pennsylvania, where registered Democrats outnumbered Republicans in the early vote by an almost 3 to 1 margin). And at the same time, Republicans largely abandoned voting by mail, due to Donald Trump claiming that mail voting was fraudulent.

Republicans acknowledge that their failure to drive their voters out early in 2020 put them at a strategic disadvantage, and have since committed significant resources to turning that around in this election. Just yesterday the New York Times reported “Republicans have spent months and millions of dollars on an effort to push former President Donald J. Trump’s most loyal supporters to change their minds about voting early.”

It is also important to keep in mind that many states have changed access to early voting. Michigan added early in person voting, while North Carolina put stricter voter ID laws in place. Georgia put additional regulations into place on mail voting. 

All of these changes will make any comparisons in the current early vote to 2020 numbers extremely difficult, at best.

With Democrats shifting from early voting to Election Day, and Republicans doing the opposite, it is safe to say the expectation is that the early voting will skew much more Republican than it did in 2020. So at what point can we draw conclusions as to which side has an intensity advantage? We may not be able to, though when the results in a state defy expectations (as they currently appear to in Michigan and Wisconsin, where partisan models suggest the early vote is actually more Democratic than it was at this point in 2020), that is noteworthy. 

He goes on to discuss the specifics in North Carolina, Nevada and Pennsylvania which is very interesting. He concludes with this:

While banking votes early is obviously important, it’s also important who is voting. The early evidence is that Republicans are cannibalizing likely Election Day voters, not turning out lower propensity voters early, which is always the priority. As a matter of fact, across the battleground states, 92% of voters who have cast their ballot so far also voted in the 2020 election. 

In short, it means that something that was already difficult before the massive vote-mode shifts we’re seeing happening this year will be exponentially more difficult. And in turn, we are seeing exponentially more flawed analyses, so buyer beware. As I noted earlier, my general approach this cycle is to stay in this context of expected vote-mode shifting, so when the early vote looks close to 2020 (or better) for Democrats, that is a very good sign, and when it looks worse for Democrats, like in North Carolina, we are left with the question of how much worse is problematic. 

As I’ve mentioned before, I have been taken in before by early vote euphoria and I’m very resistant to making too much of it one way or another. As Bonier points out, comparisons are very dicey since the rules are changing and more and more people have availability (and, I would guess, the Republicans are making it harder in some places.) This is still a new thing and we just don’t have much to go on.

Update:

The First Long Day

Of course he will. And he’ll do this too:

Former President Donald Trump said Thursday that, if elected to a second term in November, he would immediately fire special counsel Jack Smith, who brought two federal indictments against Trump.

Conservative radio host Hugh Hewitt asked Trump if he plans to pardon himself or fire Smith on the day he would take the oath of office.

“It’s so easy — I would fire him within two seconds,” said Trump, who added that he got “immunity at the Supreme Court” and called Smith a “crooked person.”

Last year, Trump warned that Smith and other Justice Department officials would wind up in a mental institution if he’s re-elected.

He’s going to be a dictator on day one. He’s made that clear.

You’ve Seen This Move Before

Republicans in glass houses

By Jayron32 of English Wikipedia, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=5697196

Republicans who complain about weaponization of government shouldn’t throw stones in their glass house. But they shamelessly do.

Judd Legum and Rebecca Crosby at Popular Information:

Three Republican state senators in North Carolina have demanded an investigation of state Supreme Court Justice Allison Riggs. The state senators, Buck Newton (R), Amy Galey (R), and Danny Britt (R), claim that Riggs has “blatantly violated” the North Carolina Code of Judicial Conduct. They called for an investigation into Riggs’ conduct by the North Carolina Judicial Standards Commission. 

What was Riggs’ transgression? She mentioned reproductive rights in a campaign ad. 

Riggs was appointed to fill a vacancy in the North Carolina Supreme Court in September 2023. It is an elected position, and now Riggs is running for a full eight-year term. She is in a closely contested race against Republican Jefferson Griffin, a current member of the North Carolina Court of Appeals.  

In a television ad, Riggs says that “women should be in charge of our own reproductive health care.” She notes that the Republican nominee for Governor, Mark Robinson, has supported a total abortion ban and that Griffin, if elected to the North Carolina Supreme Court, “could decide if [Robinson’s] ban becomes law.” 

How dare she!

In a letter to colleagues announcing their request for an investigation, the Republican Senators claim that the North Carolina Code of Judicial Conduct “prohibits any judicial candidate, regardless of the office they seek, from taking a position on any issue that may appear before the court.” The letter was posted online this week by Billy Corriher, State Courts Manager at People’s Parity Project Action.

But the Republican Senators have mischaracterized the North Carolina Code of Judicial Conduct. It does not say that judicial candidates cannot comment on any issue that may appear before the court. The North Carolina Code of Judicial Conduct states that judges “should abstain from public comment about the merits of a pending proceeding in any state or federal court dealing with a case or controversy arising in North Carolina.” Riggs’ ad does not comment on any pending court proceeding. 

To the contrary, the North Carolina Code of Judicial Conduct says that a judge seeking election may engage in “constitutionally protected political activity.” Stating that you believe that women should be in control of their reproductive health care is unquestionably constitutionally protected political speech. 

The letter from the Republican Senators mirrors criticism of the ad from Griffin during an October 11 debate against Riggs. “We don’t need to be out there telling people how we’re going to vote on cases,” Griffin said. “We don’t need to be out there telling folks how another judge is going to vote on cases.”

But Griffin himself has made his views on abortion very clear. Last year, the North Carolina Court of Appeals heard a case that “dealt with the termination of a mother’s parental rights because she had committed a crime while she was pregnant.” Griffin signed onto an opinion that found the woman’s “parental rights could be terminated — even though the child hadn’t yet been born at the time of the mother’s crimes — because ‘life begins at conception.'”

The ruling Griffin signed enshrined the notion of “fetal personhood” into North Carolina law. There was widespread outrage about the ruling and its broader impact on the state. In response to the criticism, Griffin and the other judges who signed on took the usual step of formally withdrawing the decision. That means “the potential precedent it had established regarding personhood no longer exists.” 

Now that he is seeking a promotion to the North Carolina Supreme Court, Griffin and his allies are attempting to make any discussion of reproductive rights off-limits. 

But of course they are. Especially in the wake of Dobbs.

It would not be the first time Republicans in the N.C. state legislature have launched an investigations of a Democratic supreme court judge (also a woman).

In August 2023, North Carolina Supreme Court Justice Anita Earls received a letter from the commission informing her that she was under investigation for suspicion of violating the state’s Code of Judicial Conduct. The investigation centered around comments that Earls, the only Black woman on the court, made about the court’s approach to racial and gender discrimination in an interview with legal publication Law360.

In the interview, Earls was asked about a study that found that attorneys who argued before the North Carolina Supreme Court were primarily white and male. Earls responded that she sees “gender and race discrepancies” in the court caused by “implicit bias.” Earls noted that she thought the court treated white male attorneys with “more respect,” and that there were certain cases where she believed “[her] colleagues [were] unfairly cutting off a female advocate.” Earls also criticized the court’s decision to shut down diversity and equity efforts. 

Earls clarified that she did not believe this was “conscious, intentional, racial animus,” but rather “that our court system, like any other court system, is made up of human beings and I believe the research that shows that we all have implicit biases.” Earls did not discuss any cases that had come before the Supreme Court. 

The NCGOP majority is not a clan to allow such details to get between them and a partisan inquisition. Earls countersued the Judicial Standards Commission in federal court, arguing that investigation interfered with her First Amendment rights.

Popular Information continues:

In November 2023, a federal judge rejected Earls’ request for a preliminary injunction to block the investigation. In January, the commission’s investigation was dropped without any discipline against Earls. In response, Earls dropped the lawsuit. 

Addtional color commentary

There’s even more GOP monkey-wrenching afoot on the N.C. state Supreme Court (from August):

North Carolina Democrats blasted Republicans on the North Carolina Supreme Court Thursday for ruling that Justice Phil Berger Jr. should not have to remove himself from a case concerning his father, Republican Senate leader Phil Berger Sr.

The case involves the power to appoint state and local elections boards. That power is currently held by Democratic Gov. Roy Cooper. Republican legislators passed a law to give that power to themselves instead, and Cooper is challenging that law in court.

You’d think that would be a clear-cut case for recusal and you would be wrong in a state where Republicans dominate both branches of the legislature and the Supreme Court.

Sort of like Wisconsin not so long ago. There in January 2023, Republicans filed a similar complaint against Wisconsin Supreme Court candidate, Judge Janet Protasiewicz:

Randall Cook, a Barron County resident and GOP supporter, filed the complaint against Milwaukee County Circuit Court Judge Janet Protasiewicz. The complaint seeks to have the Wisconsin Judicial Commission investigate whether Protasiewicz has declared how she’d rule in cases the high court could eventually see regarding Wisconsin’s abortion ban and the legality of its legislative maps.

Those complaints against Protasiewicz were dismissed without action in September last year.

In North Carolina, Riggs faces a Judicial Standards Commission that Republicans reconfigured in October last year after the Earls and Protasiewicz dismissals.

“Republicans took away the state bar’s appointments to the commission and took those appointments for themselves,” Slate reported. The new commission will be comprised of “only judges and laypeople—no attorneys,” all chosen by the gerrymandered Republican legislature. Slate concludes, “This gives the GOP near-total control over enforcement of judicial ethics rules.”

Nice board-stacking if you can get it.

Hate Being Branded a Fascist?

Don’t vote with them

“The label now seems not just acceptable but necessary,” wrote Robert Paxton, 92, in Jan. 11, 2021 Newsweek article. Previously reluctant to use a loaded term like fascism to describe the Trump presidency, Trump’s “open encouragement of civic violence to overturn an election,” was the breaking point for the retired Columbia University historian of fascism.

Elisabeth Zerofsky writes in The New York Times (gift article):

Calling someone or something “fascist” is the supreme expression of moral revulsion, an emotional impulse that is difficult to resist. “The temptation to draw parallels between Trump and the fascist leaders of the 20th century is understandable,” the British historian Richard J. Evans wrote in 2021. “How better to express the fear, loathing, and contempt that Trump arouses in liberals than by comparing him to the ultimate political evil?” The word gets lobbed at the left too, including by Trump at Democrats. But fascism does have a specific meaning, and in the last few years the debate has turned on two questions: Is it an accurate description of Trump? And is it useful?

Most commentators fall into one of two categories: a yes to the first and second, or a no to both. Paxton is somewhat unique in staking out a position as yes and no. “I still think it’s a word that generates more heat than light,” Paxton said as we sat looking out over the Hudson River. “It’s kind of like setting off a paint bomb.”

Cokie’s Law resurfaces

But that paint is already splattered. Multiple Trump administration officials, including former John F. Kelly, a retired Marine general and Trump’s longest-serving chief of staff, and retired Gen. Mark A. Milley, former chair of the Joint Chiefs of Staff, employed the term. Mark Esper, former Trump secretary of defense, won’t use the word fascism but tells CNN “it’s hard to say that” that Trump doesn’t fit the definition: “He certainly has those inclinations.”

The proverbial cat (Trump believes immigrants are eating) is out of the bag. Everyone knows it. Kamala Harris knows it too. Per Cokie’s Law, “it’s out there.”

In “The Divider: Trump in the White House,” Peter Baker and Susan Glasser recount Trump asking Kelly, “Why can’t you be like the German generals?”

“Do you mean Bismarck’s generals?” Kelly asked, knowing full well Trump had no idea who Bismark was. “Surely you can’t mean Hitler’s generals?” 

“Yeah, yeah, Hitler’s generals,” Trump said in Kelly’s retelling. Those generals tried and failed to assassinate the fascist dictator, not that with his ignorance of history Trump knew.

Paxton tells the Times that, in a way, Trump did not set out to launch a fascist movement, but the consummate marketer nurtured it:

Whatever Trumpism is, it’s coming “from below as a mass phenomenon, and the leaders are running to keep ahead of it,” Paxton said. That was how, he noted, Italian Fascism and Nazism began, when Mussolini and Hitler capitalized on mass discontentment after World War I to gain power. Focusing on leaders, Paxton has long held, is a distraction when trying to understand fascism. “What you ought to be studying is the milieu out of which they grew,” Paxton said. For fascism to take root, there needs to be “an opening in the political system, which is the loss of traction by the traditional parties” he said. “There needs to be a real breakdown.”

And here we are. It’s the patriarchy that is breaking down. Trump and Trump’s Men don’t like it. Not one bit.

Sen. Chris Murphy (D-Conn.) wrote about the discontent young men feel at his substack in 2023. The mores that secured men, especially white men, atop the social ladder for millennia are crumbling. First came the civil rights, then came women’s liberation, then came Obama, triggering the alt right movement and the Trump backlash. Now the country faces choosing not only the second Black (and first Asian) president, but the first women president (for the second time). Murphy spoke about it last night with MSNBC’s Alex Wagner [timestamp 2:38]. In a post-patriarchal world, Trump promises to dial America back to a time when men were men and knew where they stood. It’s an explict part of Trump’s pitch.

Team Trump is already flooding social media with “I know you are but what am I” memes depicting Democrats as the real fascists (or communists; they can’t decide). They’re already drawing up their enemies list.

Guess what? We’re not going back. Not without a fight.

Are you ready? They are.

Tonight’s Sick Wingnut Fantasy

Good God:

The crowd started chanting “Daddy’s Home.”

Make it stop. Please.

Weirdo Update

Trump had a “town hall” with a bunch of rightwing Christians today. He’s been doing a lot of those lately. They must be concerned about the evangelical turnout:

I don’t know about you but I find it very concerning that he’s talking to Netanyahu every day, no doubt telling him to keep that war going to hurt the Democrats and promising that as soon as he wins he’ll give the green light for Bibi to go wild.

How can this be legal? I know it violates the Logan Act but that’s a toothless law that’s been violated many times. But we’ve never seen anything like this before. Trump is running a shadow government from Mar-a-lago.

Oh well, I guess that’s no big deal…

Sure, he’s fine.

By the way, there’s a rumor all over twitter that there’s a video of Trump groping the young daughter of a wealthy donor that’s about to break. The Trumpers are all saying it’s a deep fake. I have no idea if it’s true. But I also doubt that it would make any difference because the right will convince themselves that it’s a Democratic deep fake election interference ploy and who knows, it might even help him. Whatever.

It also may be something like the last big rumpor to take the internet by storm — that Beyonce was going to appear at the final night of the convention. It didn’t happen. This probably won’t either.

Update — Oh my God:

There’s More To Elections Than Just The Top Of The Ballot

I would imagine that many of you are filling out your ballots these days and may be wondering about some of the down ballot items. Bolts. com has a very useful  cheat sheet of more than 500 critical races, and our election guides to supreme court races and to local criminal justice races. Editor Daniel Nichanian also responded vo some of your questions in their Ask Bolts feature:

Navigate to the question that most interests you here, or scroll down to explore them all at your leisure:

Which legislative chambers may flip in November?
Jump to our answer.

What happens in elections where no one is running?
Jump to our answer.

Which party will win more congressional delegations, in case that matters for the presidential election?
Jump to our answer.

What happens if you walk into the wrong polling place by mistake?
Jump to our answer.

I spent hours trying to research our local candidates’ platforms and it was fruitless. Shouldn’t every candidate have a website with their platform?!
Jump to our answer.

I can’t seem to get people to care about boards of canvassers. Can you explain the significance of the offices that play a role in elections?
Jump to our answer.

It’s almost here folks and if we’ve learned anything in these looney MAGA years, it’s that we need to pay attention to the state and local elections where the Republicans have focused much of their energy. At some point that power starts to accumulate and there’s no end to what they can get away with.

A Strong Response

It’s true and it’s necessary to take that seriously. It’s also a strategy. Here’s Greg Sargent in a fascinating interview with Ron Brownstein, one of the best:

Sargent: Ron, you sometimes hear pundits argue that Harris should stop putting so much effort into attacking Trump as a threat to democracy and highlighting his authoritarianism, that the economy and health care will matter more to swing voters and so forth. But in your reporting, you’re finding that this large reservoir of voters, right-leaning moderates, independents, pretty affluent suburban, are absolutely gettable with messages about Trump’s authoritarianism. They’re deeply troubled and motivated by the anti-democratic threat Trump poses, right? Those voters are there. They’re a big growth opportunity for Harris still, and they are the swing constituency now, or at least one of them. Would it be malpractice not to go after them in this way?

Brownstein: Big is a strong word, in terms of how many voters we’re talking about on any front. But yes, I thought her appearances with Liz Cheney this week were a precision-guided missile aimed at exactly the voters she needs in exactly the places where they are most concentrated with exactly the message that will move them. I thought it could not have been more precisely targeted at what she can actually achieve.

She has made progress on the economy, particularly on questions of “Who fights for you?” But in the end, the share of voters who think that they were better off under Trump’s policies than Biden’s policies before Covid is an insurmountable obstacle if the frame of the election is solely “Who is going to deliver more for your bottom line?” She’s gotten more competitive on that, but if that’s the question people are asking the last week and going into the ballot box, I don’t think she can get there. But there’s no reason for that to be the question, right? Trump, every day, shows you why that shouldn’t be the question.

Sargent: Right, but there is a bit of a split-screen effect here. Harris is making these major appeals to affluent suburbanites, Republican-leaning, educated women, and so forth on the anti-democratic threat on how disgusting Trump is and what a menace he is, but an immense amount of resources is going into Democratic ads about the economy, touting her plans to reduce childcare costs, health care costs, home-buying costs, etc. Much of the ad spending is going to that according to some analysis I’ve seen. That’s aimed at these more working-class voters, both nonwhite and white. How do we make sense of these two tracks happening at the same time? Are all those ads just an effort to just contain Trump’s advantage while they win the election or try to win it on the anti-democratic stuff? How do we think about this?

Brownstein: Just think of it as different tracks aimed at different voters. In 2012, [I was] writing a story about how Obama was focusing on Romney as a plutocrat who closed the factory in town in the Rust Belt battlegrounds, which by then included Ohio, and running more on values in the Sun Belt battlegrounds. You have to be able to communicate to multiple audiences at the same time. As we said, all votes are fungible. For Harris in the former blue wall states, so I always put that former in there to distinguish, she has to get into the mid 40s among the noncollege white women. She can grow then among the college white women, try to hold her own among the college white men. And then she could withstand some erosion among the blue-collar white men and Black men.

Don’t forget, the paradox is that these states look best for her because generally speaking, Harris, like Biden before her, is holding the 2020 levels of support more among whites than nonwhites. College-educated white women, Greg, are three to four times as big a share of the electorate across these three states as Black men. So if she can increase, I hope my math isn’t wrong here, five or six points among college white women in these states—which don’t forget Biden won—she could withstand losses of 15 points, I think, among the Black men, which is not going to happen.

Devastating

I urge you to watch this. This sort of thing is happening all over the country where there are Trump abortion bans. People’s futures are being destroyed. Women’s health is being ruined and some are dying. Families are going through desperate heartache at an already traumatic time in their lives.

We are an uncivilized country for doing this to our own citizens. If they are rewarded for this by re-electing that monster who made it all happen he will genuinely believe that he is impervious to all accountability. At that point it will be hard to argue that he’s not.