The Weekly Sift

Today I find the mask useful

along with sunglasses

to hide my tear streaked face,

not wanting to scare the barista

who has enough to deal with

behind his own mask.

– “Transitions” by Tammi Truax,
poet laureate of Portsmouth, NH

This week’s featured posts are “The NRA and the Long Con” and “Those Executive Orders“.

This week everybody was talking about executive orders

Saturday, Trump responded to the impasse in negotiations to extend provisions of the CARES Act by signing an executive order and three memoranda. He claimed they provide all sorts of relief to people economically stressed by the Covid-19 epidemic, especially the unemployed and those facing eviction. However, as one featured post points out, what the orders actually accomplish is much less than Trump claims, and yet they still threaten the constitutional order.

and the NRA

The other featured post discusses the legal problems of the National Rifle Association, which is threatened with dissolution by the New York Attorney General’s lawsuit. (The article uses that example to segue into a discussion of the conservative vulnerability to scams and con artists.) Basically, the NYAG claims that the NRA has become more about Wayne LaPierre’s luxurious lifestyle than about the Second Amendment, and that the corruption enabling this abuse is so pervasive and so top-to-bottom that no solution is possible that leaves the NRA intact.

The Washington Post satirist Alexandra Petri takes that first point and runs with it, suggesting a fund-raising letter for people who have never given to the NRA before.

We bet that what’s been holding you back all this time is the belief that if you donated to the NRA, it would help put more guns in more places and that such a goal, in your opinion, would make the United States a more dangerous place. Well, we urge you to take a second look and ask: Is that really what the NRA is doing?

A misconception that a lot of people have about the NRA is that we are some sort of gun lobby, trying to put guns into and keep them in the (cold, dead) hands of as many people as possible. But as allegations in a recent lawsuit demonstrate, the NRA is about so much more than that. We are also about subsidizing the personal travel of CEO Wayne LaPierre, his family members and a few trusted affiliates! We’re not just a gun lobby whose annual convention did not take place this year and which seems as though it hasn’t been very active around the coming election. We also believe in the power of travel, and the need to support America’s small-ship owners, or large-yacht owners, depending on your perspective.

An obvious question I didn’t get around to answering in the featured post  is why these are civil lawsuits rather than criminal indictments. The answer has to do with jurisdiction. In the Daily Beast, former federal prosecutor Barbara McQuade (who appears fairly ofteny on Rachel Maddow’s show) wrote:

this easily could have been framed as a criminal case. Filing false registration and disclosure documents as part of a scheme to defraud can serve as the basis for federal mail or wire fraud, and often does in public corruption cases.

Her article strongly implies that criminal jurisdiction here belongs to Bill Barr’s Justice Department, which has no interest in prosecuting Trump’s friends. The NYAG is using a civil suit because that’s the tool at hand. However, the NYT quotes James:

It’s an ongoing investigation. If we uncover any criminal activity, we will refer it to the Manhattan district attorney. At this point in time we’re moving forward, again, with civil enforcement.

and the virus

Deaths seem to be peaking, which makes sense given that cases peaked 2-3 weeks ago. In the US, we’re up to about 165,000 dead, a number still rising at the rate of about 1,100 a day.

I worry that we are once again just seeing a transition. As the center of the virus moved from the Northeast to the South, there was an in-between period where the national numbers dropped. Now it is shifting again from the South to the Midwest, and staging a bit of a comeback in the Northeast. The national numbers may drop for a while now, but it remains to be seen if we’re really turning the corner as a nation.

Trump’s pro-mask conversion didn’t last very long.

An 8th-grade teacher from central Iowa lists nine ways that the current discussions about schools are off-base. If you picture real kids having the kinds of classroom experiences they’ll actually have if their schools reopen, the conversation changes.

and you also might be interested in …

Another executive order this week bans “transactions” with Chinese companies ByteDance and WeChat, beginning in 45 days. ByteDance owns TikTok, a popular social media platform that I know literally nothing about. (I also own a small amount of stock in the Chinese company TenCent, which owns WeChat, another app I have never used.)

A good summary of the possible security threats posed by a Chinese social-media app that has been downloaded onto millions of American phones is at LawFare. (A sequel discussing the current executive orders is here.) As I read that post, the risks posed by TikTok and WeChat are more-or-less the same as the ones posed by Facebook or Twitter or any other social media app, compounded by the possibility that the Chinese government might get hold of the data it collects and use it for nefarious purposes.

I’m reminded of an old Travels With Farley comic strip where Farley talks to the strip’s military character, Major Mishap. Mishap explains that it’s his job to keep nuclear weapons from falling into the wrong hands. And Farley asks, “Does that mean you think they’re in the right hands now?”

If the Chinese angle on TikTok gets everyone to take seriously what a nefarious actor could do with Google’s data trove (and why we’re so convinced that Google isn’t already that nefarious actor), that would be great. But I worry that this is just Trump acting out against a social-media universe populated by people who don’t like him, like Sarah Cooper.

If at the beginning of the year you’d asked me to list the threats to democracy, I don’t think I’d have come up with “a purge at the Post Office“.

Pulitzer-prize-winning author Isabel Wilkerson’s new book Caste: the origins of our discontents has her out doing interviews. Here’s an amazing anecdote she recounted during her appearance on NPR’s Fresh Air, beginning around the 29 minute mark:

I had this experience in Chicago years ago when I was reporting a story that was fairly routine. I had made arrangements to interview all these people. I made the arrangements over the phone to interview a number of people for this story, and all the interviews had gone well, until I got to the last one. It was the last interview of the day. I was very much looking forward to it.

The person that I was speaking with, or going to speak with, had been very excited to talk with me over the phone. But when I got there, he happened not to have been there at the time, and the place where I went — it was a retail establishment — happened not to have other people in it, so I was waiting for him to get there. The door opens and this man comes in. He was vary harried, and he’s got this overcoat on. He’s very late for an appointment, ultimately, with me. But he’s harried, he’s frazzled, he’s anxious, and the clerk who had helped me earlier told me to go up to this man, that this was the man I was there to interview.

And I went up to him and he said, “Oh no, no, no, no. I can’t talk with you right now.” And I was flummoxed by that. I mean, we’re here for the interview, why are you saying you don’t have time to talk? And he said, “No, I can’t talk with you right now, I’m getting ready for a very, very important interview. I cannot talk with you right now.” And I said, “Well, I think I’m the person interviewing you. I’m Isabel Wilkerson with The New York Times.”

And he said, “Well, how would I know that? How do I know that you’re Isabel Wilkerson?”  And I said, “I am here. This is the time. It’s 4:30. You were here for the interview.” And he said, “Do you have a business card?” And I said, I actually happened not to have had any, because it was the end of the day and I’d been interviewing people all day and this was the last interview, which I was very much looking forward to. And I said, “I’m sorry, I’m out of business cards right now.” And he said, “Well, do you have something that … do you have some ID? Could I see some ID?”

And I said, “I shouldn’t have to show you ID. We’re already into the time where we were supposed to have the interview. We should be talking right now.” He said, “Well, I need to see some ID.” And so I pulled out my driver’s license to show it to him, and he said, “You don’t have anything with The New York Times on it?” And he said, “I’m sorry, I’m going to have to ask you to leave, because I have a very important interview coming. She’ll be here any minute. I’m going to have to ask you to leave.”

So I was actually accused of impersonating myself, because I was not perceived as being the person, I was not perceived as being someone who should have been in the position of a New York Times national correspondent there to interview him.

She’s goes on to explain that when something like that happens, you don’t tell your editors, for fear that they’ll lose faith in your ability to do the job. You just figure out some other way to get the story.

Recently released police body-cam video from Phoenix proves that cops kill white people too. An upstairs neighbor complained about noise from a video game Ryan Whitaker was playing with his girlfriend, and so the police showed up. AZ Central reports:

As they approach the apartment, no sounds of fighting or loud noises are heard coming from the unit.

Moments later, [Officer John] Ferragamo knocks on the door, identifying himself as Phoenix police. The officers stand to either side of the door, making it impossible for anyone looking out of the peephole to see who was there.

Whitaker opens the door, with the gun in hand and rapidly takes a couple of steps out of the apartment as Ferragamo flashes a light in his face. Ferragamo greets Whitaker and then repeatedly yells, “Hands,” according to the footage.

Whitaker is seen in the video starting to get on his knees, putting his left hand up and putting the gun behind his back when [Officer Jeff] Cooke fires into Whitaker’s back.

In the video, Whitaker appears to realize that these people are cops and start putting the gun down just before he was killed.

In addition to its influence on the national police-are-out-of-control discussion, this video also points out the problem created by the ubiquity of guns. Whitaker’s gun pushes Cook into a snap decision, which he makes badly. The number of guns in the US raises the possibility of deadly force in way too many situations, and limits people’s time to think.

After Trump pronounced Yosemite as “Yo Semite”, I joked on Facebook that soon Fox News would claim that was the actual pronunciation, and before long conservatives would all be saying “Yo Semite” just to prove they were on the right side. (The National Museum of American Jewish History is now selling “Yo Semite” t-shirts.)

Turns out it’s no joke. Two days later, Trump mispronounced Thailand as Thighland (and hilarity ensued). Conservative author (and Trump pardon recipient) Dinesh D’Souza tweeted in all seriousness:

This is actually the correct pronunciation. Most Americans say it wrong. Thailand is pronounced phonetically. It’s “Thighland,” not “Tai-land.”

When everyone laughed at him, D’Souza doubled down.

Let me clarify. I’m not saying “Thighland” is how it is said in the Thai language. The French say “Paree” but that’s not how it is pronounced in English. “Thighland,” not “Tai-land,” is how English speakers around the world say it.

That’s how it is in TrumpWorld. If the Great Leader says something out of step with reality, reality needs to change. He doesn’t speak Truth, he defines Truth. I can hardly wait for the Exalted One’s tour of Thighland to take him to Fuck It (Phuket).

Kathleen Parker’s “Covid-19 isn’t going anywhere. So schools must reopen.” isn’t wrong so much as it’s just clueless. Everyone want schools to be able to open safely, and businesses to be able to open safely, and voting to be safe, and on and on and on. The question is, “What do we do when it’s not safe?” Parker has no answers for that.

I wanted to have watched Trump’s Axios interview. I really did. But even the prospect of the interviewer pushing back couldn’t sustain me through Trump’s endless bullshit. I include the link for those of you with more endurance.

and let’s close with something electric

like Toto played on Tesla coils. That much electrical discharge is likely to bring the rains down in Africa.

I am sleeping on a time bomb,
And I am waiting for the light to come.

– Vertical Horizon “We Are“

This week’s featured post is “The Cancel Culture Debate“.

This week everybody was talking about Portland’s resistance to Trump’s secret police

It’s hard to be sure until we get actual polls on the subject, but I don’t think Trump’s invasion of Portland is turning into the vote-getting stunt he’d hoped for. The plan was to create riveting scenes of heroic police clashing with “violent anarchists” from Black Lives Matter, crush the protests and restore “law and order” to a city whose Democratic officials were too weak-willed to handle these America-haters.

Instead Trump got the Wall of Moms, Dads with leaf-blowers, a wall of veterans, and another one of nurses. Portland grandmothers have adopted the hashtag #Grantifa and joined the protests. The goons from Homeland Security have man-handled all comers.

Paramilitary thugs dragging away terrified women who resemble somebody’s Mom from across the street — maybe that’s not the best optics for a federal police action. (Many of the Moms are annoyingly white, which wasn’t in the script at all.) So Trump has been driven to his ultimate defense against reality: declaring it all to be Fake News.

The “protesters” are actually anarchists who hate our Country. The line of innocent “mothers” were a scam that Lamestream refuses to acknowledge, just like they don’t report the violence of these demonstrations!

Reporters on the ground — those from The Oregonian/OregonLive, for example — tell a different story.

Thousands of Portland moms have come together over the past week to join nightly demonstrations in downtown.

They stand arm-in-arm at protests, placing themselves between federal officers and younger protesters in an act of protection. As the number of moms turning out in Portland grew with each protest, mom protest groups began to spring up across the nation in places like New York City, St. Louis and Philadelphia.

I’m a little skeptical of the “thousands” claim, but I have friends here in the suburbs who are searching their closets for yellow t-shirts (the Wall of Moms’ uniform of choice) in case Boston is next on Trump’s list. They’re real moms, and I don’t recall any of them ever mentioning their hatred of America.

The Guardian’s take:

If Trump’s intent was to calm things down, he has failed. But if, as some suspect, the president wanted to ratchet up confrontation for political gain, then it is not clear that it has been a success either.

“It’s a power play by Trump. He thinks he’s going to get his base all riled up by pitting the forces of law and order against the anarchists,” said Josh O’Brien, who travelled from Seattle to join the protests. “But he’s fucked it up like he fucks everything up. Look who’s here with us. Grandmothers. Doctors. Because like most Americans they don’t think people should be abducted from the streets by the president’s secret police.”

Acting Deputy DHS Secretary Ken Cuccinelli tried to push the violent-anarchists narrative by tweeting a picture with this comment:

Here is a shield and a couple of gas masks from a rioter arrested in Portland. Not a sign with a slogan that someone expressing their first amendment rights might carry, but preparations for violence. Peaceful protester? I don’t think so.

Cooch clearly didn’t think this out (or is trying to appeal to people who don’t think clearly): You carry a shield and gas mask when you expect to be a victim of violence, not a perpetrator.

Former Celebrity Apprentice staffer turned stand-up comedian Noel Casler paints a different picture:

If you’re dressed up like a soldier and you’re tear-gassing a mom wearing a bicycle helmet to protect her from your batons, you are not an American soldier or a Patriot. You are the kind of person American soldiers killed to protect us from. Stop it now @DHS_Wolf.

If you wonder what the Portland attack is for, Trump campaign advisor Boris Epshteyn gives a hint: It’s for scary campaign messages aimed at voters far away from Portland. He tweeted video of a violent clash between police and demonstrators with the message “This would be @JoeBiden’s America. It’s a very scary place.”

As many other tweeters pointed out, the video is quite literally Donald Trump’s America. His three years of presidential race-baiting exacerbated the racial tensions that exploded in the George Floyd protests, and the brutality of his secret police increased the violence in Portland.

And if you don’t find all that disturbing enough here’s Thomas Friedman’s take:

when I heard Trump suggest, as he did in the Oval Office on Monday, that he was going to send federal forces into U.S. cities, where the local mayors have not invited him, the first word that popped into my head was “Syria.”

and what might happen in other cities

Over the weekend, protests broke out in several other cities, some of which had been quiet for weeks.

It’s hard to know whether provoking those protests was part of Trump’s plan or not. Certainly, he has talked about sending his DHS police to other cities. More than 200 federal agents have already been in Kansas City long enough for Attorney General Barr to lie about their accomplishments.

Barr said Wednesday that Operation Legend had netted 200 arrests in two weeks as the Department of Justice announced plans to deploy additional federal law enforcement agents in Chicago and Albuquerque, New Mexico.

So far, federal authorities have announced one arrest — a 20-year-old KCMO man wanted for warrants and allegedly spotted in a stolen vehicle, where two stolen handguns were found — though it has not been connected to a homicide or shooting investigation.

Similar numbers of agents are supposed to be heading to Chicago, Albuquerque, Cleveland, and possibly Philadelphia and Baltimore, but what they’ll do there is not at all clear. What problem are the agents trying to solve, and what will they do about that problem that local police aren’t already doing?

Operation Legend is named for LeGend Taliferro, a 4-year-old boy shot and killed in his bed in Kansas City on June 29. How exactly federal agents would prevent similar crimes has never been spelled out.

Of all those cities, Chicago is the one that I know best, so I’ll focus there.

It’s worth remembering that policing was a serious issue in the 2019 Chicago mayoral campaign. So if the federal government changes the way Chicago is policed, or stops Chicago from making its own changes, that raises a democracy issue: Do the people of Chicago get to decide how their city will be policed, or is that up to Trump?

Channel 5 asked all the candidates for mayor the same seven questions; the second one was about policing and the consent decree the city had recently negotiated with the State of Illinois to reform the Chicago Police Department. Lori Lightfoot answered:

I am the only candidate in this race that has a broad depth of experience in dealing with issues related to police excessive force and abuse, accountability and reform. My perspective on these issues stems from my roles as a federal prosecutor and the head of the former Office of Professional Standards, in which I made countless recommendations to terminate police officers who failed to properly perform their duties, including in police-involved shootings. More recently, I led the Police Accountability Task Force (PATF), whose report served as the underpinnings for both the Obama DOJ report and recommendations on the Chicago Police Department (CPD) and the consent decree. There would be no consent decree without the PATF. I also served as the president of Chicago Police Board, where I held officers accountable for misconduct. Before resigning from the police board to run for mayor, I significantly increased the number of officers that were terminated for serious misconduct or received lengthy suspensions.

In the first round of the multi-candidate race, Lightfoot was the leader with 17.5% of the vote. In the runoff between the top two candidates, she got 73.7%. I think it’s fair to say that the voters of Chicago want a policing approach like Lightfoot’s, and not a tear-gassing baton-swinging approach like Trump’s goons have implemented in Portland.

It’s not clear how Lightfoot’s approach will affect the frequency of violent crime in Chicago over the long term. But doesn’t the city have a right to find out?

Really American describes itself by “We believe it is our duty as patriotic Americans to stand up against fascism in all of its forms.” They’ve been making some really biting anti-Trump videos. Like this one.

A number of voices are expressing disappointment that the militia-Right or libertarian-Right, after decades of warning us about the threat of government tyranny, has so totally failed to notice the rise of real authoritarianism, and at times has even applauded it. But if you’ve been paying attention, you shouldn’t be surprised. Anti-government rhetoric has long been applied only in very particular ways: If the government is using its power to counter either white supremacy or the dominance of the super-rich, that’s tyranny. But if it’s using its power to keep the lower orders in their places, that’s OK.

Jonathan Korman has altered the Gadsden flag to capture what it really means these days.

and the next stimulus package

Back in May, Democrats foresaw that the virus would not be gone by summer, and that the economy would not have a V-shaped recovery. So they passed the next stimulus bill, the $3 trillion HEROES Act. Mitch McConnell reacted by denouncing it as a “liberal wish list”. He predicted that if more stimulus was needed “the President and Senate Republicans are going to be in the same place. We’ll let you know when we think the time is right to begin to move again.”

But as so often happens in this post-policy era of the Republican Party, the time has come and the President and Senate Republicans are not in the same place. That’s the problem when a party focuses on marketing to the exclusion of policy. When they do realize they need to do something, it’s hard to figure out specifically what, because up until that moment they have only been thinking about how to spin an issue, not how to resolve it. The White House in particular has been completely focused on the spin of the V-shaped recovery. (On June 5, Trump responded to a positive jobs report by saying that the economy is “not on a V-shaped recovery, it’s a rocket ship.”)

But there is no V-shaped recovery. Like so many Trump policies, reopening the country produced only a short-term effect. He got his good jobs report in June, but the subsequent surge in Covid-19 cases has states shutting down again, and layoffs are rising. So we’re back to the same problem as in March and April: People need to eat and pay the rent, but there are few jobs, and no jobs at all that many people with Covid risk factors can do safely.

The extra $600 per week of unemployment insurance, which was part of the previous Covid-response package, the CARES Act, expires Friday. In practice, that means that many people have already gotten their last increased unemployment check. This extra money has been key, not just to keeping those 20 million households afloat, but the entire economy. For example, August rent or mortgage payments might be hard to scrape together for many families — a problem that will cascade to real estate companies and banks.

McConnell is still predicting a new bill, but now says it will take “weeks“, and began his statement with “hopefully”. He wants a $1 trillion bill, with maybe $200 a week in additional unemployment, rather than $600.

and the rising Covid-19 death rate

After not having a thousand-death day since June 4, the US had four this week, not counting the 993 on Saturday. By WorldoMeter’s count, which runs a little higher than some others, the US had its 150,000th death today. Other counts are lower, but in all versions of the stats we’ll probably pass 150,000 this week.

If you squint at the graph just right, it looks like the US Covid-19 case count might have peaked this week. I wouldn’t count on that, but that’s the appearance at the moment.

Trump’s cancellation of the Republican Convention’s events in Jacksonville led to a series of sarcastic ” … but it’s safe to send your kids to school” social media posts. In addition to the convention,

• Barron Trump’s school won’t be fully opening, and won’t decide whether to offer any in-person classes at all until August 10, but you should be planning to send your kids to school five days a week.
• Florida Senator Rick Scott’s grandchildren will be “focused on distance learning right now” to “make sure they’re safe”, but schools should be open for your kids, especially if you’re poor and looking to cash in on “a subsidized meal”.

and AOC

I had been resisting paying attention the the AOC/Ted Yoho flap, because it looked like one of those somebody-said-a-bad-word kerfuffles that get people upset but never go anywhere.

But it eventually got my attention, because AOC gave a truly epic speech on the floor of the House. The provocation was not just Yoho arguing with her rudely on the steps of the House, and then walking away saying “fucking bitch” (as overheard by a reporter). But when his remark came out in the press, Yoho took to the floor of the House to offer one of those I’m-didn’t-really-do-anything-but apologies. His was particularly self-righteous, concluding that “I cannot apologize for … loving my God”, as if the Ancient of Days Himself had whispered “fucking bitch” into Yoho’s ear.

AOC’s response was masterful. She avoided all the usual ways such complaints are type-cast and pushed aside: It wasn’t that Yoho said a bad word or that her feelings were hurt. She spoke not with the attitude of someone pleading helplessly for justice, but as a person wielding moral authority. The question is not what Yoho’s judgment has done to her, but what hers does to him.

Mr. Yoho mentioned that he has a wife and two daughters. I am two years younger than Mr. Yoho’s youngest daughter. I am someone’s daughter too. … What I am here to say is that this harm that Mr. Yoho levied, tried to levy against me, was not just an incident directed at me, but when you do that to any woman, what Mr. Yoho did was give permission to other men to do that to his daughters.

He — in using that language, in front of the press, he gave permission to use that language against his wife, his daughters, women in his community, and I am here to stand up to say that is not acceptable.

… What I believe is that having a daughter does not make a man decent. Having a wife does not make a decent man. Treating people with dignity and respect makes a decent man. And when a decent man messes up, as we all are bound to do, he tries his best and does apologize. Not to save face, not to win a vote. He apologizes genuinely to repair and acknowledge the harm done so that we can all move on.

Lastly, what I want to express to Mr. Yoho is gratitude. I want to thank him for showing the world that you can be a powerful man and accost women. You can have daughters and accost women without remorse. You can be married and accost women. You can take photos and project an image to the world of being a family man and accost women without remorse and with a sense of impunity. It happens every day in this country. It happened here on the steps of our nation’s Capitol. It happens when individuals who hold the highest offices in this land admit, admit to hurting women, and using this language against all of us.

More and more I’m coming to believe that AOC is a once-in-a-generation political talent. Whether you agree with her positions on particular issues or not, her abilities are on a par with Bill Clinton or Barack Obama. Whether she’ll achieve what they did is still up in the air at this point in her life. But she has the talent.

and you also might be interested in …

It can’t be complete week without a Trump corruption story. Tuesday, the NYT reported:

The American ambassador to Britain, Robert Wood Johnson IV, told multiple colleagues in February 2018 that President Trump had asked him to see if the British government could help steer the world-famous and lucrative British Open golf tournament to the Trump Turnberry resort in Scotland, according to three people with knowledge of the episode.

NPR adds:

Lewis Lukens, the embassy’s former second-in-command, confirmed in a text to NPR that Johnson told him about the president’s request. “I advised him that doing so would violate federal ethics rules and be generally inappropriate,” Lukens wrote.

But Johnson apparently went ahead and raised the matter with David Mundell, then secretary of state for Scotland, according to a person familiar with the conversation.

The State Department inspector general — presumably the one Trump fired in May — investigated and wrote a report, which has not been released.

538 has a fascinating breakdown of why Florida was a bellwether in 2008, 2012, and 2016, but resisted the blue wave in 2018. Some factors that helped Republicans in 2018 won’t be there this year. Meanwhile, CNN observes that Trump hasn’t led in a Florida poll since March. The RCP polling average has Biden up in Florida by 7.8%.

The best explanation of defund-the-police I’ve seen so far:

The baseball season launched (finally) on Thursday, with the Yankees beating the Nationals 4-1 in a stadium with no fans. An interesting compromise: Both teams knelt on the field prior to the national anthem, but no one knelt during the anthem.

It’s a 60-game season. If anybody is going to hit .400 in our lifetimes, this is the year to do it. And then we can all argue about whether it should count.

The Miami Marlins have postponed their home opener because 11 players and two coaches have tested positive for coronavirus. That this has happened already raises doubts about the plans for the whole season.

and let’s close with something realistic

People are having fun with photo-realism software.

Dutch photographer and digital artist Bas Uterwijk shines a light on what iconic figures from history might have looked like in real life. By using various digital manipulation tools, he is able to create photorealistic portraits of famous artists, leaders, mummies, philosophical thinkers, and even the models of paintings.

I’m not sure exactly what he bases this on, but this is his Jesus of Nazareth:

Doesn’t he look like he would forgive your sins?

And somebody else has used Roman statues to produce photorealistic images of the Roman emperors.

I conceive that the President ought not to have the power of pardoning, because he may frequently pardon crimes which were advised by himself. It may happen, at some future day, that he will establish a monarchy, and destroy the republic.

– George Mason, at the Virginia Ratifying Convention of 1788

There is one security in this case to which gentlemen may not have adverted: if the President be connected, in any suspicious manner, with any person, and there be grounds to believe he will shelter him, the House of Representatives can impeach him; they can remove him if found guilty.

– James Madison, responding to Mason

This week’s featured post is “Back to School“. I have an unpredictable week ahead of me, so I’m not sure whether there will be a Sift next week or not.

This week everybody was talking about the Trump Crime Family

I decided not to do a featured post on this, because all the points I would make are already being widely discussed. In all of American history, I can’t come up with a presidential action as blatantly corrupt as Trump commuting Roger Stone’s sentence. (Leave a comment if you want to suggest a rival.) It’s like he’s saying: “Sure, I’m obstructing justice. What are you going to do about it?”

Benjamin Wittes lays it out:

Roger Stone isn’t just Trump’s confidante or friend. According to newly unsealed material in the Mueller Report, he’s also a person who had the power to reveal to investigators that Trump likely lied to Mueller—and to whom Trump publicly dangled rewards if Stone refused to provide Mueller with that information. Now, it seems, the president is making good on that promise.

As Judge Amy Berman put it when she sentenced Stone:

He was not prosecuted, as some have complained, for standing up for the President. He was prosecuted for covering up for the President.

Stone hasn’t exactly been subtle. He talked to Howard Fineman Friday, and Fineman recounted the conversation in Saturday’s New York Times:

“I had 29 or 30 conversations with Trump during the campaign period,” he reminded me. “He knows I was under enormous pressure to turn on him. It would have eased my situation considerably. But I didn’t. They wanted me to play Judas. I refused.”

And so, in the fullness of time — which is to say, about an hour later — the White House made official what Stone already knew: Trump was commuting Stone’s felony convictions for lying to Congress and tampering with witnesses. At 67, Stone would not have to report to a federal pen to serve his allotted 40 months.

Stone’s statement is not hard to interpret: He can testify to something Trump did that a prosecutor would make a deal to learn about — crimes, in other words. Stone deserves his commutation because he didn’t rat out his criminal boss.

Recall the larger plot Stone was part of: Russia hacked Democratic emails, and then sent them to WikiLeaks to be released in a fashion designed to hurt Hillary Clinton’s campaign and help Trump’s. Stone was the connection between WikiLeaks and Trump — not just the Trump campaign, Trump himself. In written testimony to the Mueller investigation, Trump claimed to remember no conversations with Stone about WikiLeaks. If Stone had testified, the President could have been charged with perjury. That’s when Trump began tweeting about how “brave” Stone was and raising speculation about a pardon.

Wittes again:

[T]he commutation means that the story Mueller tells about potential obstruction vis a vis Stone did not end with the activity described by the Mueller Report. It is a continuing pattern of conduct up until the present day.

That’s not all that happened this week on the ending-the-rule-of-law front. On the same day (Friday, of course) that Trump was giving Stone his pay-off for respecting the Trump Family omerta, Consigliere Bill Barr was shutting down another possible source of legal jeopardy: He replaced the US attorney for the Eastern District of New York.

This is the third time Barr has pulled this trick: He previously installed a lackey at the US Attorney’s office in the District of Columbia (who promptly rewrote the Roger Stone sentencing memo and is trying to walk away from the conviction of Mike Flynn), and tried to do the same thing at SDNY. Each time, he started by making the incumbent US attorneys offers they couldn’t refuse: some cushy job elsewhere in the Trump administration. SDNY’s Berman did refuse, and got fired (but did manage to get his deputy to replace him rather than a Barr-bot).

EDNY is not as famous as its neighboring district SDNY, but it does have its finger in the Trump-corruption pie as well. Newsday reports:

Why Barr has been busily ousting U.S. Attorneys in New York City has been a subject of intense debate and speculation. Several criminal probes and prosecutions in Manhattan have rankled as a thorn in the side of the Trump administration, from the campaign-finance crimes of the president’s former fixer Michael Cohen to the impeachment-related allegations against Rudy Giuliani’s former associate Lev Parnas.

As Trump’s Senate trial played out in February, Politico reported that Donoghue had been in charge of vetting and managing all Ukraine-related efforts. His district reportedly had been heading an investigation into Tom Barrack, a Trump confidant who headed the president’s inauguration committee and whose fundraising for that event allegedly caught the scrutiny of federal prosecutors.

Lt. Colonel Alexander Vindman violated omerta by testifying during the impeachment hearings in February. He and his twin brother (who had no connection to the impeachment hearings) were then fired from their jobs at the National Security Council. Wednesday, Vindman announced he is retiring from the military after 21 years, due to what his lawyer called “a campaign of bullying, intimidation, and retaliation” by President Trump.

Meanwhile, the Supreme Court gave Trump a split decision on his tax cases: They rejected his argument that he was completely beyond the reach of the law, but allowed him to run out the clock. It’s extremely unlikely that anyone will get to see his tax returns or other business records until after the election.

Last week I mentioned the Commerce Department’s attempt to delay its inspector general’s report on SharpieGate. Now it’s out, and it makes infuriating reading. To make a long story short: Trump couldn’t admit even a trivial mistake, so Mulvaney pressured Ross who pressured NOAA to put out a statement rebuking National Weather Service forecasters for being right and doing their jobs. The process of putting out that cowardly statement consumed NOAA management’s attention while a actual hurricane was still raging.

Ross delegated the problem to Commerce Dept. Chief of Staff Mike Walsh, who denies he ever told anybody at NOAA their jobs were on the line. However, some of the phone conversations with him happened at 2:30 in the morning, so you might understand how the NOAA folks got that impression.

Reading the report, I kept wishing somebody would defend the NWS forecasters and tell the sycophants in the White House to go fuck themselves. (You want to fire me? If you think this looks bad in the media now, wait until you start firing people over it.) But it never happened.

It’s a small incident, but it explains so much about how the last three years have gone: Defending the President’s fragile ego absorbs so much of the government’s attention that there’s not much left to devote to governing. And precious few people (like Colonel Vindman) are willing to risk their careers to stop it.

and schools

It’s time to decide what school-age children are going to do in the fall. It would be nice if communities could make those decisions based on local conditions, using the best scientific insight available, but this is the Trump Era. If you’re for him, you want schools 100% back to normal, and if you don’t, it must be because you hate him. More in the featured post.

Colleges and universities are a different subject, which I didn’t get to this week. I noticed some developments in the college-sports world, though.

The Ivy League won’t have a football season this year. No Harvard vs. Yale game. An Indiana University sports blogger thinks this won’t start a trend.

The Big Ten and the others will do everything in their power to play football this season, simply because there is so much money involved. They can do what the Ivy League can’t — play games without fans and still make a ton of money because of their television contracts — so that will happen if it’s at all possible.

The Big Ten subsequently announced that it will play only conference games, and has not yet committed even to them.

By limiting competition to other Big Ten institutions, the conference will have the greatest flexibility to adjust its own operations throughout the season and make quick decisions in real-time based on the most current evolving medical advice and the fluid nature of the pandemic.

The main problem right now is getting the teams together for practice when players keep testing positive for Covid-19. Makes you wonder what’s going to happen when all the students show up for fall term.

and the virus surge

Since the surge in Covid-19 cases began around June 8 or so, we’ve experienced the mystery of how cases could surge while deaths kept going down. Two obvious explanations were (1) The newly infected people are younger and so less likely to suffer dire consequences. (2) Hospital treatments, particularly of the most serious cases, are getting better.

Those are probably both factors, but there was a third explanation: the time lag between infection and death. As I heard Chris Hayes put it: “We’re between the lightning and the thunder.”

This week the thunder arrived. The low point in deaths appears to have been 217 on July 5. Two weeks ago I predicted:

[N]ationwide, the new-case curve started rising around June 10. That would suggest deaths will begin rising about July 4.

There have been 4980 deaths in the last seven days, compared to 3334 the seven days before that.

The surge in cases is continuing. Depending on when you start the clock on a day, we either did or didn’t break the 70,000-new-case mark on Friday. That number was around 20,000-per-day in early June.

The Trump administration is now treating Dr. Fauci as if he were a political rival. Anonymous sources at the White House distributed a list of supposedly inaccurate statements Fauci has made, “laid out in the style of a campaign’s opposition research document”. CBS’ Face the Nation has been trying to interview Fauci for three months, but the White House has refused permission for that as well as many other interviews. He no longer briefs Trump or appears in White House briefings for the public.

Fauci has committed the unforgivable sin of refusing to let Trump dictate reality. He has directly contradicted Trump’s ridiculous claim that the recent spike in cases is simply a reflection of more testing, and told 538 “As a country, when you compare us to other countries, I don’t think you can say we’re doing great. I mean, we’re just not.”

Fauci is a civil servant rather than a political appointee, so firing him would be difficult. He could quit, but people close to him say he wants to keep overseeing vaccine development.

There has been a virus outbreak in the Mississippi legislature, leading this embarrassing result:

Gov. Tate Reeves is warning the public to get tested for coronavirus if they have been in contact with a state lawmaker.

Here in Massachusetts, we’re currently doing well, but I worry about complacency. I think the Northeast in general is imagining that we had our outbreak, so the area is immune now. We’ve opened restaurants for indoor dining, which has to be a mistake.

Pittsburgh is a cautionary tale. Allegheny County had zero new cases on June 17, but was back over 200 by July 2.

An economic consequence of the surge is that it has stalled the recovery of the economy. Jobs will come back much more slowly, unemployment is running out, and so far Republicans in Congress are resisting any further stimulus. One expert projects that 20 to 28 million Americans face eviction by September.

and the Supreme Court’s contraception decision

As usual, there was a flurry of end-of-term decisions. In addition to the Trump tax cases mentioned above, the Court issued a 7-2 opinion upholding the Trump administration’s reworking of the religious exemption to ObamaCare contraception mandate. An exemption that the Obama administration originally crafted so that religious organizations that object to birth control wouldn’t have to provide it to their employees has now been stretched to cover any organization — even publicly traded corporations — that claim either a religious or moral objection. What’s more, the Obama administration had a work-around so that the employees would continue to get their birth control covered. The Trump people have thrown that out, with the result that some number of women will now not have contraceptive coverage.

This was just one more step down a wrong path, so I have a hard time criticizing the liberal justices (Kagan and Breyer) who sided with the conservatives. Like Roberts in the Louisiana abortion case last week, Kagan and Breyer had precedents to consider.

The case goes back to a lower court, so it’s still possible that the Trump rule will be thrown out ultimately. But it will be allowed to take effect in the meantime.

Longtime readers know that I am deeply skeptical of all these “conscience” provisions. I think employer-supported health insurance should be like a paycheck: What the employee does with it is none of the employer’s business. Whether somebody works for Little Sisters of the Poor or the Taliban or whoever, their health insurance should cover contraception, and the employer’s moral or religious beliefs should have no bearing on the subject. Again, it’s like a paycheck. If a woman can use her paycheck to buy contraceptives, she should be able to use her health insurance just as freely.

Once you let the employer’s religious or moral values into the picture, though, you’ll never find a place to draw the line. That’s why these cases keep going to the Supreme Court: There’s no clean rule that lower courts can apply unambiguously.

and cancel culture

A large number of well-known people signed “A Letter on Justice and Open Debate” that will appear in Harper’s. Some of the names are quite famous, like Margaret Atwood, Noam Chomsky, and Salman Rushdie, while others are people you will frequently see me quoting in this blog, like Slate’s Dahlia Lithwick and Vox’s Matt Yglesias.

The free exchange of information and ideas, the lifeblood of a liberal society, is daily becoming more constricted. While we have come to expect this on the radical right, censoriousness is also spreading more widely in our culture: an intolerance of opposing views, a vogue for public shaming and ostracism, and the tendency to dissolve complex policy issues in a blinding moral certainty. We uphold the value of robust and even caustic counter-speech from all quarters. But it is now all too common to hear calls for swift and severe retribution in response to perceived transgressions of speech and thought.

While I continue to respect a lot of the signers, I have to say I don’t get it. Maybe I’m just not in plugged into the academic community and don’t appreciate the pressures on campus today. But none of the cases I hear about impress me. For example, NYT opinion-page editor James Bennett resigned (presumably under pressure) after the outcry surrounding his publication of Senator Tom Cotton’s call to use the military to suppress the rioting/protesting after George Floyd’s murder. That seemed like a serious act of bad judgment to me, and was one of a series. (See David Roberts’ article.)

Ta-Nehisi Coates, I think, offers some appropriate perspective:

any sober assessment of this history must conclude that the present objections to cancel culture are not so much concerned with the weapon, as the kind of people who now seek to wield it.

Until recently, cancellation flowed exclusively downward, from the powerful to the powerless. But now, in this era of fallen gatekeepers, where anyone with a Twitter handle or Facebook account can be a publisher, banishment has been ostensibly democratized.

He reminds us of the more serious cancellations that are just part of business-as-usual: Colin Kaepernick got drummed out of the NFL for his views; Christine Blasey Ford got death threats for telling her story. It would be nice to live in a more forgiving world, Coates says, but we would need to construct it from scratch. Just going back to the day when the powerful could be forgiven for whatever they say or do, but the powerless could not, is not that world.

and you also might be interested in …

At long last, the Washington Redskins are going to change their name. The new name hasn’t been announced yet. I’m hoping they pick a name unrelated to Native Americans, rather than just dialing back to something like Warriors or Braves and keeping a Redskin-like logo.

It’s funny what does and doesn’t fly as an athletic team name. Only certain breeds of dogs work (bulldogs or wolves). Insects are OK if they sting (hornets or yellowjackets, but not ants or crickets). The Washington Spies would have an appropriate local flavor, but violates some sort of taboo I can’t put my finger on. The Washington Generals ordinarily would work, but that’s the name of the hapless team the Harlem Globetrotters have been beating up on for decades. I could go for Agents or G-Men. If it were up to me, though, I’d play off the Capitol area’s neo-classical architecture and name the team the Centurions.

Peter Wehner of The Atlantic talks to an unnamed Christian minister about the price Christians have paid for supporting Trump:

“Yes, Hollywood and the media created a decidedly unattractive stereotype of Christians. And Donald Trump fits it perfectly. Made it all seem true. And sadly, I now realize that stereotype is more true than I ever knew. It breaks my heart. In volleyball terms, Hollywood did the set, but Trump was the spike that drove the ball home. He’s everything I’ve been trying to say isn’t what the church is all about. But sadly, maybe it is.”

The only thing worth mentioning about Tucker Carlson’s claim that Tammy Duckworth “hates America” is Duckworth’s response:

They’re doing it because they’re desperate for America’s attention to be on anything other than Donald Trump’s failure to lead our nation, and because they think that Mr. Trump’s electoral prospects will be better if they can turn us against one another. Their goal isn’t to make — or keep — America great. It’s to keep Mr. Trump in power, whatever the cost.

It’s better for Mr. Trump to have you focused on whether an Asian-American woman is sufficiently American than to have you mourning the 130,000 Americans killed by a virus he claimed would disappear in February. It’s better for his campaign to distract Americans with whether a combat veteran is sufficiently patriotic than for people to recall that this failed commander in chief has still apparently done nothing about reports of Russia putting bounties on the heads of American troops in Afghanistan.

The Lincoln Project doesn’t mess around.

When my nephew gave me the insider’s tour of the Tennessee State Capitol a few years ago, we had to pass a bust of KKK founder Nathan Bedford Forrest to get into one of the two chambers of the legislature. It looks like that bust is finally leaving the capitol. The war criminal behind the Fort Pillow massacre will no longer guard that chamber, warning African American legislators that Tennessee will never really be their state.

If you want to understand why the fact-checking model doesn’t work any more, consider this Reuters fact-check: “Metal Strip in Medical Masks is Not a 5G Antenna“.

Fact-checking is based on the idea that the information environment is basically clean, so when there’s a disinformation spill, we can go clean it up. But now the insanity has gotten too dense. There’s no way to play whack-a-mole with this stuff any more.

and let’s close with something violent

Jan Hakon Erichsen destroys things on YouTube. Mostly he destroys silly inanimate things, like balloons or pasta, and does it in ways that are either creative or stupid, depending on your mood at the time you watch. But on days when the world has pissed you off and something needs to pay, an Erichsen video may be just the thing.

At every crucial moment, American officials were weeks or months behind the reality of the outbreak. Those delays likely cost tens of thousands of lives.

– “How the Virus Won”
The New York Times (6-25-2020)

The president thinks so much about what he’s doing in terms of the show he’s putting on that there’s been very little attention paid to how the government is functioning. … What does the dog do when it catches the car? Turns out the dog just keeps running and barking. I had this thought in the Lafayette Square madness. Trump puts on this show. And then he gets there and has nothing to do. He’s just standing there. His whole presidency is like that.

– Yuval Levin

This week’s featured post is “Back to Square One“. The reason there was no Sift last week was that I was virtually talking to churches in Illinois and Wisconsin (which answers the Firesign Theater question: “How can you be in two places at once when you’re not anywhere at all?”). The topic was “Hope and Realism in Difficult Times”. You can read the text and watch my dress rehearsal.

This week everybody was talking about the virus breaking loose again

That’s the topic of the featured post. Here are some extras that didn’t make it into that post.

A reporter at Oklahoma Watch tested positive for Covid-19 after covering Trump’s Tulsa rally. Ever the objective observer, the reporter says, “I can’t say definitively that I got it at the rally.”

McSweeney’s provides “A Message from Your University’s Vice President for Magical Thinking“.

Our university will proceed as if everything will be okay because we really, really want it to be.

It goes on from there.

Wednesday night was an interesting lesson in the divergence of American news bubbles. If you watched any of the major evening news shows on CNN or MSNBC, the main story was that the number of new Covid-19 cases in the United States had hit a new high that day, with new state records in the biggest states: California, Florida, and Texas. The second major story was that whistleblowers had testified to the House Judiciary Committee about political interference in Bill Barr’s Justice Department. (See below.) Those two stories dominated the conversation.

Throughout the evening, though, I would occasionally jump over to Fox News to see what stories Tucker Carlson, Sean Hannity, and Laura Ingraham thought were most important. I didn’t watch any of those shows end-to-end, so I can’t definitely say they never mentioned the two stories that were dominating the other news networks. But I never caught them talking about either one. Instead, they wanted to talk about the excesses of the protests that were still going on in many major cities: statues being pulled down, the CHOP autonomous zone in Seattle, and so on. These were presented as very scary developments; our cities are dissolving into chaos.

To see if I was hearing this right, I bopped over to FoxNews.com. And yes, there was a story about the rising coronavirus case numbers — down in the third level of headlines. The impression I got was that, if you really must know about the spread of the virus, they would tell you; but they weren’t going to insist that you pay attention.

The image below was FoxNews.com Thursday morning. There are no stories about either the virus-case spikes or the Justice Department whistleblowers in the top two rows of headlines, or near the top of the two sidebars. The sidebar headlines you can’t make out are “Iraq War vet on destroying statues: ‘We don’t solve problems via mob rule'”, “Trump touts powerful alliance and relationship with Poland”, “Dr. Nesheiwat: ‘Exciting’ experimental COVID vaccine proved ‘robust immunity'”, and “Ari Fleischer: ‘We’re having the summer of violence’, you’re seeing one-sided lawlessness”.

In the main column, you had to go down to the 13th headline to find “L.A. mayor reveals ‘troubling trend’ after uptick in coronavirus cases“. (I’ve noticed this since: If Fox does talk about the rising case numbers, it focuses on blue California rather than red Texas or purple Florida.) And your reward for going that far was a 2fer in the 14th story. You could vicariously indulge both your virus-denial and your racism by reading: “Arizona councilman chants ‘I can’t breathe’ before ripping off face mask“.

FoxNews.com Thursday morning

and Russia offering bounties to kill American troops

The New York Times broke the story Friday:

American intelligence officials have concluded that a Russian military intelligence unit secretly offered bounties to Taliban-linked militants for killing coalition forces in Afghanistan — including targeting American troops — amid the peace talks to end the long-running war there, according to officials briefed on the matter. …

Islamist militants, or armed criminal elements closely associated with them, are believed to have collected some bounty money, the officials said. Twenty Americans were killed in combat in Afghanistan in 2019, but it was not clear which killings were under suspicion.

The intelligence finding was briefed to President Trump, and the White House’s National Security Council discussed the problem at an interagency meeting in late March, the officials said. Officials developed a menu of potential options — starting with making a diplomatic complaint to Moscow and a demand that it stop, along with an escalating series of sanctions and other possible responses, but the White House has yet to authorize any step, the officials said.

Several other news organizations have independently corroborated parts of this scoop. CNN was told a similar story by “a European intelligence official”. ABC got it from “a military official”, The Wall Street Journal from “people familiar with” a “classified American intelligence assessment”, The Washington Post from “officials”, and so on. So nobody is willing to identify a source, but it’s pretty clear the NYT didn’t just make this up; other news organizations looked for a source and found one.

The Post added this important detail: actual American deaths.

Russian bounties offered to Taliban-linked militants to kill coalition forces in Afghanistan are believed to have resulted in the deaths of several U.S. service members, according to intelligence gleaned from U.S. military interrogations of captured militants in recent months.

Trump and various other top officials spent the weekend using a Sergeant Schultz I-know-nothing defense. Sunday morning — what took him so long? — Trump tweeted:

Nobody briefed or told me, @VP Pence, or Chief of Staff @Mark Meadows about the so-called attacks on our troops in Afghanistan by Russians, as reported by an “anonymous source” by the fake-news @nytimes. Everybody is denying it and there have not been many attacks on us.

Marcy Wheeler points out that Mark Meadows wasn’t Chief of Staff at the time, which “makes it clear that whoever wrote this tweet didn’t actually refer to any records.”

Director of National Intelligence John Ratcliffe tweeted:

I have confirmed that neither the President nor the Vice President were ever briefed on any intelligence alleged by the New York Times in its reporting yesterday.

Ratcliffe himself was took office at the end of May.

The Times insisted otherwise on Saturday:

But one American official had told The Times that the intelligence finding that the Russians had offered and paid bounties to Afghan militants and criminals had been briefed at the highest levels of the White House. Another said it was included in the President’s Daily Brief.

John Bolton happened to be on Jake Tapper’s Sunday show anyway to promote his book, so he got to comment:

The fact that the President feels compelled to tweet about the news story here shows that what his fundamental focus is, is not the security of our forces, but whether he looks like he wasn’t paying attention. So he’s saying well nobody told me therefore you can’t blame me

CNN national security analyst Samantha Vinograd described this as “gross incompetence any way you cut it”.

It would be disastrous not to get to the bottom of this. Either someone sat on this intelligence, or the President didn’t pay attention, or he decided to do nothing about it. Worse than doing nothing, Trump has continued to carry water for Putin internationally: At the beginning of this month, Trump was still pushing to get Russia invited to the G7 meetings. And regardless of who knew what when, Trump has heard about it now. Is he going to once again take Putin’s word over US intelligence and say it’s not true? Is he going to do anything about it?

and Justice Department corruption

An appeals court ruled 2-1 that the judge must accept the Justice Department’s decision to drop the Michael Flynn case, in spite of all the reasons to think that undue political influence was at work. So: obstruction of justice works.

In addition, Attorney General Barr got rid of the US attorney heading SDNY, which has been investigating several Trump-related cases. Rudy Giuliani is rumored to be under investigation, and the trial of his former friends Lev Parnas and Igor Fruman  is supposed to begin in February. Barr had previously gotten rid of the US attorney in DC, which is how Roger Stone’s sentencing memorandum got rewritten.

Congress heard testimony from two Justice Department whistleblowers. Prosecutor  Aaron Zelinsky testified that “What I saw was that Roger Stone was being treated differently from every other defendant. … This leniency was happening because of Stone’s relationship with the president.” And John Elias alleged political interference in antitrust cases.

and Biden’s huge lead

Biden has held a lead over Trump in head-to-head national polls more-or-less from the beginning of this race, but those leads almost always came with two caveats:

• It’s way too early to take polls seriously.
• Even if he wins the national popular vote by as much as 5%, he might still lose in the Electoral College.

But in recent weeks Biden’s lead has extended to 9.4% in 538’s polling average and 9.2% in Real Clear Politics’ differently weighted average. The most recent NYT/Siena poll has him ahead of Trump 50%-36%. That’s enough to put the Electoral College out of reach. 538’s state-by-state analysis now has Florida as the “tipping point”, the state that puts Biden over the top. He leads there by 7.4%.

In addition to the polls, there are anecdotes, like 2016 Republican presidential hopeful Carly Fiorina supporting Biden over Trump.

Democrats are constantly reminding each other not to be complacent, so I’ve been seeing references to Mike Dukakis’ 17-point lead over George Bush in July of 1988, a race Bush ultimately won by nearly 8%. That’s not a compelling parallel, though: Dukakis was relatively unknown compared to Biden, so his public image was easier to tar with negative ads. Also, Bush’s approval had been near 90% during the First Gulf War, so most voters could at least remember a time when they thought he was a good president. Trump, conversely, has never had majority approval.

The real reason to maintain focus, though, is that Trump bound to try to cheat. His claim that mail-in ballots are inherently unreliable is false, but it justifies his followers in whatever shenanigans they can come up with. The bigger Biden’s margin is, the harder it will be for fraud to take it away.

The failure of Trump’s Tulsa rally made me think of the entertainment term “jump the shark”. Trump is trying to run his old playbook in a different world, and when confronted with that fact he just tries to push it harder.

In 2016, the country was facing no immediate crises, so culture-war messaging and identity politics could carry the day for Trump. But in 2020, the world looks grim, and the public wants to know that the next president has some idea what to do about it. Trump clearly does not. Witness the word salad Sean Hannity evoked by asking the softball question: “What are your top priorities for a second term?”

As Yuval Levin put it in the quote at the top: Trump is the dog who caught the car, and all he knows to do now is keep running and barking.

and abortion

Just this morning, the Supreme Court blocked a Louisiana law that would have had the effect of closing every abortion clinic in the state. John Roberts crossed over to vote with the Court’s four liberals.

Legally, the case should have been a slam-dunk, because a nearly identical Texas law was thrown out four years ago. The only thing that has changed since then is the composition of the Court, particularly Justice Kavanaugh replacing Justice Kennedy. So this should have been a 9-0 decision: Quote the precedent and move on.

This is the third recent victory for the Court’s liberals, joining the LGBTQ-rights case and the DACA case.

This may sound paranoid, but I have the feeling John Roberts is setting up something awful in the remaining big case concerning Trump’s taxes. Roberts has some control over the order in which decisions come out, and it would fit his pattern to buffer the pain of a horrible decision by releasing more popular decisions first.

Meanwhile an appeals court held that Trump’s emergency seizure of otherwise allocated funds to build his border wall is invalid.

The panel held that the Executive Branch lacked independent constitutional authority to authorize the transfer of funds. The panel noted that the Appropriations Clause of the U.S. Constitution exclusively grants the power of the purse to Congress. The panel held that the transfer of funds violated the Appropriations Clause, and, therefore, was unlawful.

… The Federal Defendants cite drug trafficking statistics, but fail to address how the construction of additional physical barriers would further the interdiction of drugs. The Executive Branch’s failure to show, in concrete terms, that the public interest favors a border wall is particularly significant given that Congress determined fencing to be a lower budgetary priority and the Department of Justice’s own data points to a contrary conclusion.

and Trump’s push to invalidate ObamaCare

The Justice Department has filed a brief in a case about ObamaCare that the Supreme Court will decide in its next term. It argues that the whole law is unconstitutional, and would have the immediate effect of throwing tens of millions of people off of their health insurance, as well as making tens of millions of other people worry about their pre-existing conditions.

Naturally, Trump claims these horrible outcomes would never really come to pass, because once ObamaCare has been tossed aside he will finally reveal the magic replacement plan he has been talking about for five years without revealing any details.

In his entire first term, we have seen no sign of the “beautiful” health plan that Trump promised would replace ObamaCare, the one that would “cover everybody” and leave nobody worse off financially.

By now it should be obvious that Trump never had a plan; he was just stringing words together. Republicans in general have no plan. That became obvious when they tried to “repeal and replace” ObamaCare in 2017. “Replace” was just a word that polled well; it meant nothing.

If Trump gets his wish and the Supreme Court invalidates ObamaCare, no fairy godmother will tap a pumpkin and turn it into a Republican healthcare plan. ObamaCare will just be gone and nothing will replace it until Democrats get back in power.

BTW: If you’re a young person who has recovered from Covid-19, or who imagines that recovering from it would be no big deal: Decades from now, you would still have a pre-existing condition. Your insurance company might point to any subtle scarring on your lungs or other long-term organ damage as a reason not to cover whatever health problem you might have then.

Biden responded to Trump’s attack on ObamaCare with a good speech on health care.

and DC statehood

The House voted to make Washington D. C. a state. The bill is expected to go nowhere in the Senate and Trump has promised to veto it.

This is a voter suppression issue. The District of Columbia has a population over 700K, which makes it bigger than Wyoming or Vermont, and not far behind Alaska and North Dakota. But DC is 49% black and only 44% white. It would be a reliably blue state with two Democratic senators and a congressperson. (Let’s not even get into Puerto Rico, which would be the 31st-largest state, between Utah and Iowa. But, I mean, they’re Puerto Ricans! Can’t give them a say in how the national government is run.)

It doesn’t take much interpretation to see that the Republican opponents are saying those people shouldn’t be allowed to vote. Here’s Mitch McConnell:

They plan to make the District of Columbia a state—that’d give them two new Democratic senators—Puerto Rico a state, that would give them two more new Democratic senators. […] So this is full bore socialism on the march in the House. And yeah, as long as I’m the majority leader of the Senate, none of that stuff is going anywhere.

Socialism on the march … yeah, it must have been Karl Marx who described governments as “deriving their just powers from the consent of the governed“.

And Tom Cotton:

Yes, Wyoming is smaller than Washington by population, but it has three times as many workers in mining, logging and construction, and ten times as many workers in manufacturing. In other words, Wyoming is a well-rounded working-class state.

So people in Wyoming work for a living, unlike all those bureaucrats and welfare mothers in DC. The WaPo’s Karen Tumulty responds.

Wyoming is an interesting example. Nearly half of Wyoming’s territory is federal acreage — a much higher proportion than in the District (less than one-third). And among states, Wyoming ranks top in the nation when it comes to the percentage of its workforce employed by federal or local governments.

Which makes you wonder what, precisely, is the senator’s criterion for deeming a group of people “well-rounded.”

Cotton also raised the argument that the kind of people who live in DC are just not ready for self-government.

Would you trust Mayor Bowser to keep Washington safe if she were given the powers of a governor? Would you trust Marion Barry?

Why not just go ahead and use the N-word, Tom? You know you want to.

you also might be interested in …

The New York Times does a great job of annotating video to show how police over-reaction in Seattle turned a peaceful demonstration into a violent encounter.

It looks like Mississippi is going to remove the Confederate stars-and-bars from the state flag.

#ByeIvanka is a bit harsh, but you have to wonder at the administration’s decision to make her the face of skills-based hiring. The implication seems clear: The federal government is doing away with “outdated career or licensure requirements” so that it can hire more relatives of well-connected people.

I’ve written before about defunding the police: It makes sense to divert some large portion of local police-department budgets to fund other kinds of first-responders, who can answer 911 calls that don’t require guns or handcuffs, like marital disputes or mental health problems. Those incidents might get handled better, and fewer people will wind up dead.

However, we need to watch out for a trap: The Covid-19 crisis and the ensuing economic collapse have made a shambles of local budgets; expenses are up and revenues are down. There’s going to be pressure to cut across the board, including laying off teachers and not fixing potholes.

In this environment, the path of least resistance is to substantially cut the police budget, as protesters have been demanding, but not to fund any alternative first-responders. That scenario looks like the nightmare painted by right-wing critics of police defunding — you call 911 and no one answers. When that turns out badly, as is bound to happen somewhere, it will be easy to convince the public that the defund-the-police approach has been tried and discredited.

and let’s close with a marching tune

“March, March” from the trio formerly known as The Dixie Chicks. Here are the lyrics.

The police are the armed guardians of the social order. The blacks are the chief domestic victims of the social order. A conflict of interest exists, therefore, between the blacks and the police.

— Eldridge Cleaver, Soul on Ice (1968)

This week’s featured posts are “This Week, Democratic Protest Outlasted Riot and Repression” and “How Should American Policing Change?“.

This week everybody was talking about police and protest

The two featured posts are my attempt to cover that. I did want to add a response to those conservatives (like Tom Cotton) who think the presence of rioters is a reason to unleash the military on protesters:

Whenever there’s another mass shooting, and suddenly 20 first-graders are dead at Sandy Hook, or 58 concert-goers in Las Vegas, or 49 night-clubbers in Orlando — you tell us that nothing can be done about the weapons of mass killing the perpetrators use. All those people who use similar guns legally and responsibly, you say, have Second Amendment rights. We can’t take their rights away just because a few criminals misuse them.

Now we see protesters by the hundreds of thousands across this country exercising their First Amendment rights legally and responsibly. But because a few criminals use those demonstrations as cover to destroy or steal property, you want the the military to take away the rights of the law-abiding majority, and perhaps to kill them if they won’t cooperate.

We liberals sympathize with the property owners in the same way that you sympathize with the survivors of mass shootings. But there is an enormous hypocrisy in your position. If no drastic steps can be taken to solve the far more deadly problem of mass shootings, then surely they can’t be taken now. We have a Constitution, and you can’t pick and choose when to apply it.

While we’re talking about Cotton, his screed prompted some soul-searching at the New York Times. How, the internal critics wondered, are The Times’ readers edified by hearing window-breakers and looters described as an “insurrection” that requires a federal military intervention overruling local officials? Or that protesters (the vast majority of whom are nonviolently exercising their constitutional rights) should meet “an overwhelming show of force” that includes combat troops?

The official answer is that The Times’ opinion pages should provide a window into the policy debate the country is having, and not just reflect the liberal worldview of The Times’ editors or typical readers. But while that answer seems to make sense at first glance, two responses (picked out by James Fallows) call it into question.

Times columnist Michelle Goldberg notes that The Times has in the past provided space to enemies of liberal democracy like Vladimir Putin and Taliban leader Sirajuddin Haqqani, but that neither of them was “given space in this newspaper to advocate attacks on Americans during moments of national extremis.” If The Times’ opinion pages are attempting to define “the boundaries of legitimate debate”, some points of view need to be kept outside the pale.

I could be wrong, but I don’t believe The Times would have published a defense of family separation by former Homeland Security Secretary Kirstjen Nielsen during the height of that atrocity, or a piece by the senior Trump aide Stephen Miller about the necessity of curbing nonwhite immigration. In both cases, I’m pretty sure the liberal inclination to hear all sides would have smacked up against sheer moral abhorrence.

But Fallows’ second choice is even more insightful: David Roberts‘ charge that the NYT is promoting a false image of conservatism. The Times’ conservative voices — David Brooks, Ross Douthat, Bret Stephens and Bari Weiss — are “alienated from the animating force in US conservatism, which is Trumpism.” Publishing their words “might serve the purpose of challenging liberal thinking”, but they don’t expose Times readers to actual conservatism.

The signal feature of the 2016 election is that it settled the question of whether US conservatism — the actual movement, I mean, not the people in Washington think tanks who claim to be its spokespeople — is animated by a set of shared ideals and policies. It is not. …

[A]nyone who is devoted to the conservative intellectual tradition, anyone who thinks of themselves as a conservative through devotion to small government and traditional morality, has had to peel off. There is no way to pretend that Trump represents that tradition; he himself does not even try. So how many of these “true” conservatives did there turn out to be? Almost none!

What unites conservatives today, he says, are resentments, not ideas.

Not everyone involved is driven by tribal resentment, not every Trump voter indulges in misogyny or racism, but every member of the current conservative coalition has decided that those things are acceptable, or at the very least, not disqualifying — less important than lower taxes or immigration crackdowns.

Even if they do not share Trump’s ignorant, hateful impulses, even if they do not endorse his careening, incompetent governance, even if they do not countenance the grotesque corruption of his family and his administration, they support the coalition that enables those things. They are supporting a tribe with a strongman leader, not a set of ideas.

There’s no argument for that, nothing to plausibly fill an editorial page.

I think Trump’s total unfitness to be president requires Joe Biden to run a different kind of campaign. So many presidential roles are going unfilled that the country needs Biden to be a shadow president instead of a mere candidate. He does a pretty good job of that while discussing the George Floyd murder in this video.

I’d also like to see Biden start appointing a shadow government, so that his appointees could respond similarly when appropriate. Not just a vice president, but an attorney general, as well as secretaries of State, Defense, and Treasury.

We’re in one of those weird moments where the big-corporation CEOs seem to be ahead of the conservative politicians who represent them.

I was fascinated to hear this CNBC interview with AT&T CEO Randall Stephenson. In particular the part where he stands broken-windows policing theory on its head.

There’s a philosophy that Rudy Giuliani made prominent about “broken-windows policing”. And what’s the whole premise of this? You walk into a neighborhood and you see a lot of broken windows; it just sends a signal that we are tolerant of crime. And the question I have is: Do we have policies within law enforcement that send a signal that we are tolerant of discrimination?

And a classic example is racial profiling. If I were to use those kinds of policies within AT&T, I would rightly be terminated, fired, and probably sued. But we allow, we actually have systems, we have procedures that allow for racial profiling. And what does that say? That says — just like broken windows — we have a tolerance for racial discrimination in law enforcement.

and the virus

This week the total stands at 112.6K deaths, up from 106K last week. That increase of 6.6K compares to last week’s 7K increase. So the number of new deaths is still headed downward, but seems to be leveling off.

The number of new cases has at best leveled off and might be increasing. As I’ve pointed out before, that’s a battle between two trends: the sinking number of cases in the states hit early, like New York, and a rising number in states that were initially spared, like Texas.

All of that discussion happens before we see any effect of the crowds gathered to protest George Floyd’s death. Incubation time of the virus is usually 1-2 weeks, and it often takes another week before a person notices symptoms, gets tested, and appears in the statistics.

An NYT editorial on reopening public schools does a better job summarizing the problems than suggesting solutions.

Trump’s demand that his acceptance speech take place in a packed arena has sunk the plan to hold the Republican Convention in Charlotte. As you can see above, North Carolina is one of the states where the number of cases is on the rise, so Democratic Governor Roy Cooper was not willing to approve a big, contagion-spreading event. Florida is the leading contender to get the dubious prize of a thrown-together-at-the-last-minute convention, but speculation that Trump will hold it at one of his own properties seems off-base. Jacksonville is the current favorite, and a decision is needed soon.

and the jobs report

Unemployment went down in May, when many experts were expecting it to go up. It’s still at 13.3%, or maybe 16.3%, depending on how you handle a tricky data problem.

People who are on temporary layoff are supposed to be classified as unemployed. For reasons that we’re not really sure a lot of those people were, in fact, classified as employed.

But the same mistake happened last month, so the drop in unemployment seems real, even if the level is unclear.

and a few Republicans edge away from Trump

A number of military leaders criticized Trump this week, some in very stark terms. His former Secretary of Defense Jim Mattis wrote:

Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership. … We know that we are better than the abuse of executive authority that we witnessed in Lafayette Square. We must reject and hold accountable those in office who would make a mockery of our Constitution.

Former Chief of Staff and Homeland Security Secretary John Kelly said he agreed with Mattis, and then added:

I think we need to look harder at who we elect. I think we should start, all of us, regardless of what our views are in politics, I think we should look at people that are running for office and put them through the filter. What is their character like? What are their ethics? Are they willing, if they’re elected, to represent all of their constituents, not just the base, but all of their constituents?

Former Secretary of State Colin Powell:

We have a Constitution. And we have to follow that Constitution. And the president has drifted away from it. … I think he has been not an effective president. He lies all the time. He began lying the day of inauguration, when we got into an argument about the size of the crowd that was there. People are writing books about his favorite thing of lying. And I don’t think that’s in our interest.

Senator Romney will not support Trump’s re-election. Senator Murkowski described General Mattis’ statement as “true and honest and necessary and overdue”. But then she said she was “struggling” with whether to support Trump in the fall election. That’s the fundamental Republican problem right now. It seems bizarre to think it’s “overdue” for someone to say that Trump has “made a mockery of our Constitution”, and yet to have any struggle at all about opposing him. Murkowski seemed to be saying that she knows what to think, and that many of her Republican colleagues think the same thing, but that she and they are still trying to gin up the courage to say publicly what they think and then act on it.

When I saw General Mattis’ comments yesterday I felt like perhaps we are getting to a point where we can be more honest with the concerns that we might hold internally and have the courage of our own convictions to speak up.

I can’t imagine admitting to that level of cowardice. But even that — hinting that you have criticisms, but can’t bring yourself to act on them — is an act of relative courage among the current crop of GOP senators. Many of them seem to be edging up to a line, and then looking around to see if anyone else is crossing it.

In a PBS interview, Senator Thune of South Dakota hinted at criticism, but did not actually voice it: Peaceful protesters should be allowed to speak. The country needs a “healing voice” that is not coming from the White House. Ben Sasse of Nebraska said

there is a fundamental — a Constitutional — right to protest, and I’m against clearing out a peaceful protest for a photo op that treats the Word of God as a political prop.

But he doesn’t go anywhere with that thinking.

Time is running out on them. If they let the election arrive without taking a clear stand, they might as well be gung-ho Trumpists. History won’t care that they had an inner voice of conscience, if they never listened to it. They are not dissidents; they are collaborators.

The American people seem to be shifting, even if GOP senators are not. A CNN poll out today has Trump’s approval rating dropping from 45% a month ago to 38% now. Biden’s lead over Trump is 14%, the highest it has ever been, up from 7% last month.

and you also might be interested in …

Rod Rosenstein testified at the show trial Lindsey Graham is running in the Senate Judiciary Committee. Rosenstein took a middle position that I’m sure satisfied no one. He defended the Mueller investigation, and the reasons for launching it. But he repeated the Bill Barr lie that Mueller proved their was no collusion between the Trump campaign and the Russians.

What Mueller actually said was that he could not prove there was a criminal conspiracy. One reason he couldn’t prove it was summarized in Part II of his report: Trump obstructed justice.

Rep. Steve King, the white supremacist congressman from Iowa, lost the Republican primary Tuesday. Come January, he’ll be out of Congress.

King’s loss might make you think the Republican Party is returning to sanity, but that would be a mistake. In Oregon, a QAnon conspiracy theorist won the Republican primary for the Senate, and will challenge Jeff Merkley in the fall. In a field of four candidates, Jo Rae Perkins got 49% of the vote.

After the George Floyd protests started, she was live on Facebook for an hour and a half, which Right Wing Watch edited down to less than two minutes. In it, she prays:

Lord, these people have no sense of morality, of what is right and what is wrong, Lord God. Not the ones that are causing this mayhem, Lord God, this Antifa, Father God. Shut down George Soros, Lord God. End his reign of terror, Lord God. We know that he is funding this. Lord, we say. “Strip that money, strip that money strip that money.” If there is a way, Father God, that President Trump’s administration can block him from being able to spend any more money, Lord God, then allow that to happen.

Of course, we have the usual right-wing-nut-job ravings about Antifa conspiracies funded by Soros’ dirty Jewish money. But even beyond that, there’s the pervasive hypocrisy about federal power. She spends a bunch of her 90 minutes talking about the principle of limited government and all the federal laws and projects she doesn’t believe the Constitution allows. But Trump taking away Soros’ money or tightly controlling how he can spend it — that would be the answer to a prayer.

A constitutional republic for me, tyranny for thee. And remember: This is not just some crazy woman I picked off of Facebook. This is the Republican candidate for one of Oregon’s two seats in the U. S. Senate.

Trump’s scaremongering about Antifa has real consequences. A family who tried to go camping in rural Washington ran into a town anticipating Antifa “infiltrators”. Fortunately, no one was hurt.

and let’s close with something remastered

If you find it hard to listen to Trump, try letting Sarah Cooper provide the visuals.