#dysfunctional congress

[dreaminginthedeepsouth]

John Deering, The Arkansas Democrat-Gazette

* * * *

LETTERS FROM AN AMERICAN

March 24, 2024 (Sunday)

HEATHER COX RICHARDSON

MAR 25, 2024

The Senate passed the appropriations bill shortly after midnight on Saturday morning, and President Joe Biden signed it Saturday afternoon. In his statement after he signed the bill, Biden was clear: “Congress’s work isn’t finished,” he said. “The House must pass the bipartisan national security supplemental to advance our national security interests. And Congress must pass the bipartisan border security agreement—the toughest and fairest reforms in decades—to ensure we have the policies and funding needed to secure the border. It’s time to get this done.”

House speaker Mike Johnson (R-LA) has refused to bring forward the national security supplemental bill to fund Ukraine, Israel, the Indo-Pacific, and humanitarian aid to Gaza. He has also refused to bring forward the border security measure hammered out in the Senate after House Republicans demanded it and passed there on February 13. Johnson is doing the bidding of former president Trump, who opposes aid to Ukraine and border security measures. 

Congress is on break and will not return to Washington, D.C., until the second week in April. 

By then, political calculations may well have changed. 

MAGA Republicans appear to be in trouble.  

The House recessed on Friday for two weeks in utter disarray. On ABC News’s This Week, former representative Ken Buck (R-CO), who left Congress Friday, complained that House Republicans were focusing “on messaging bills that get us nowhere” rather than addressing the country’s problems. He called Congress “dysfunctional.” 

On Friday, NBC announced it was hiring former Republican National Committee (RNC) chair Ronna McDaniel as a political analyst. Today the main political story in the U.S. was the ferocious backlash to that decision. McDaniel not only defended Trump, attacked the press, and gaslit reporters, she also participated in the effort to overturn the 2020 presidential election. 

In an interview with Kristen Welker this morning on NBC’s Meet the Press—Welker was quick to point out that the interview had been arranged long before she learned of the hiring— McDaniel explained away her support for Trump’s promise to pardon those convicted for their participation in the January 6, 2021, attack on the U.S. Capitol by saying, “When you’re the RNC Chair, you kind of take one for the whole team.”

That statement encapsulated Trump Republicans. In a democracy, the “team” is supposed to be the whole country. But Trump Republicans like McDaniel were willing to overthrow American democracy so long as it kept them in power.  

That position is increasingly unpopular. Former representative Liz Cheney (R-WY) wrote on social media: “Ronna facilitated Trump’s corrupt fake elector plot & his effort to pressure [Michigan] officials not to certify the legitimate election outcome. She spread his lies & called 1/6 ‘legitimate political discourse.’ That’s not ‘taking one for the team.’ It’s enabling criminality & depravity.”

McDaniel wants to be welcomed back into mainstream political discourse, but it appears that the window for such a makeover might have closed. 

In the wake of Trump’s takeover of the RNC, mainstream Republicans are backing away from the party. Today, Senator Lisa Murkowski (R-AK) said she could not “get behind Donald Trump” and expressed “regret that our party is seemingly becoming a party of Donald Trump.” She did not rule out leaving the Republican Party.

In Politico today, a piece on Trump’s vice president, Mike Pence, by Adam Wren also isolated Trump from the pre-2016 Republican Party. Pence appears to be trying to reclaim the mantle of that earlier incarnation of the party, backed as he is by right-wing billionaire Harlan Crow (who has funded Supreme Court Justice Clarence Thomas over the years) and the Koch network. Wren’s piece says Pence is focusing these days on “a nonprofit policy shop aimed at advancing conservative ideals.” Wren suggested that Pence’s public split from Trump is “the latest sign that Trumpism is now permanently and irrevocably divorced from its initial marriage of convenience with…Reaganism.” 

Trump appears to believe his power over his base means he doesn’t need the established Republicans. But that power came from Trump’s aura of invincibility, which is now in very real crisis thanks to Trump’s growing money troubles. Tomorrow is the deadline for him to produce either the cash or a bond to cover the $454 million he owes to the people of the state of New York in fines and disgorgement of ill-gotten gains for fraud. 

Trump does not appear to have the necessary cash and has been unable to get a bond. He claims a bond of such size is “unprecedented, and practically impossible for ANY Company, including one as successful as mine," and that "[t]he Bonding Companies have never heard of such a bond, of this size, before, nor do they have the ability to post such a bond, even if they wanted to.” But Louis Jacobson of PolitiFact corrected the record: it is not uncommon for companies in civil litigation cases to post bonds of more than $1 billion.

Trump made his political career on his image as a successful and fabulously wealthy businessman. Today, “Don Poorleone” trended on X (formerly Twitter). 

The backlash to McDaniel’s hiring at NBC also suggests a media shift against news designed to grab eyeballs, the sort of media that has fed the MAGA movement. According to Mike Allen of Axios, NBC executives unanimously supported hiring McDaniel. A memo from Carrie Budoff Brown, who is in charge of the political coverage at NBC News, said McDaniel would help the outlet examine “the diverse perspectives of American voters.” This appears to mean she would appeal to Trump voters, bringing more viewers to the platform.  

But former Meet the Press anchor Chuck Todd took a strong stand against adding McDaniel to a news organization, noting her “credibility issues” and that “many of our professional dealings with the RNC over the last six years have been met with gaslighting [and] character assassination.” 

This pushback against news media as entertainment recalls the 1890s, when American newspapers were highly partisan and gravitated toward more and more sensational headlines and exaggerated stories to increase sales. That publication model led to a circulation war between Joseph Pulitzer’s New York World and William Randolph Hearst’s New York Journal that is widely—and almost certainly inaccurately—blamed for pushing the United States into war with Spain in 1898. 

More accurate, though, is that the sensationalism of what was known as “yellow journalism” created a backlash that gave rise to new investigative journalism designed to move away from partisanship and explain clearly to readers what was happening in American politics and economics. In 1893, McClure’s Magazine appeared, offering in-depth examinations of the workings of corporations and city governments and launching a new era of reform. 

Three years later, publisher Adolph Ochs bought the New York Times and put up New York City’s first electric sign to advertise, in nearly 2,700 individual lights of red, white, blue, and green, that it would push back against yellow journalism by publishing “ALL THE NEWS THAT’S FIT TO PRINT.” Ochs added that motto to the masthead. With his determination to provide nonpartisan news without sensationalism, in just under 40 years, Ochs took over the paper from just over 20,000 readers to more than 465,000, and turned the New York Times into a newspaper of record.

In that era that looks so much like our own, the national mood had changed.

LETTERS FROM AN AMERICAN

HEATHER COX RICHARDSON

#John Deering. #The Arkansas Democrat-Gazette #political cartoons #TFG #dysfunctional congress #history #Letters From An American #Heather Cox Richardson #yellow journalism #McDaniel #RNC gaslighting

[joebustillos]

#dysfunctional congress #humor #instagram reels #mrs. frazzled #politics #kindergarten teachers

[tomorrowusa]

Q: What's worse than being somebody's puppet? A: Being a puppet of a puppet.

"MAGA Mike" Johnson has gained nothing by being Trump's House mouthpiece. The GOP caucus is even more dysfunctional than it was under Kevin McCarthy. Trump is too busy screaming "BLOODBATH" and proclaiming himself to be a dictator to bother helping out his stooge who is being challenged by other MAGA nihilists.

Mike Johnson's job is impossible thanks to disruptive Republicans like Marjorie Taylor Greene and Matt Gaetz

Loyalty to Trump will not be repaid. He will toss you out like a used ketchup packet from McDonald's once he no longer has any use for you.

#“maga mike” johnson #donald trump #vladimir putin #us house of representatives #118th congress #house gop caucus #dysfunctional republicans #maga #ukraine aid now #stand with ukraine #dave whamond #владимир путин #путин хуйло #дональд трамп #трамп хуйло #трамп - путинский пудель #слава україні! #героям слава!

[govtshutdown]

https://www.washingtonpost.com/business/2023/10/24/government-shutdown-house-speaker/

Watching this all very carefully. It seems all the Speaker candidates have promised to kill any attempt at an omnibus spending bill.

#u.s. house of representatives #house of representatives #house republicans #government shutdown? #continuing resolution #congress #appropriations #government shutdown #Speaker race #26 days left #FY2024 #House GOP #dysfunction #electile dysfunction

[lenbryant]

Party of chaos.

#politics #republicans #maga me sick #congress #chaos #maga #dipshit #matt gaetz #dysfunction

[calicojack1718]

Call Your MoC: Pass a Clean Continuing Resolution & Why the Freedumb Cockus is Damn Dumb

Recharge your batteries, top up your phone, it's time to call your members of Congress. We need a clean continuing resolution and we need it now. Then we need the GOP to comply with their budget agreement. Calling works. Here's how.

SUMMARY: This urgent post highlights the impending government shutdown and the severe consequences it holds. It sheds light on the historical ineffectiveness of government shutdowns and their exorbitant costs. It emphasizes the detrimental impact on government employees and businesses depending on government contracts. The author passionately calls on readers to take action by contacting their…

View On WordPress

#Call Congress #Continuing Resolution #Executive Dysfunction #Freedom Caucus #Government Shut Down #Malignant #Marjorie Taylor Greene #Members of Congress #Narcissism #Narcissistic Delusion #Overproduced Elites #Republicans #Trump #Unproductive

[boatgameenjoyer]

CALL YOUR SENATORS!!!!!!!!!

NOW!!!!!!!

tell them KOSA is shit and you think that supporting it is shit

also, with elections coming up, find out which senators are supporting it and vote against them!

and when I say call your senators, I do mean CALL. People don't call senators that much so calling them puts more pressure on them than other means of contacting them!

image id below cut:

A screenshot of a discord message reading:

it has not passed in the senate

Congress is in recess until the 26th, but as of now there are 62 cosponsors which represents a filibuster proof majority so it's looking pretty likely it will pass in the senate

the House is more of a roadblock because A. the house is generally dysfunctional as shit right now, they can't really get anything done and 2. there is MUCH less support for this in the house as compared to the senate

#kosa bill #stop kosa #kosa #internet censorship #bad internet bills

[wilwheaton]

The five Justices in the majority opinion, however, went farther than necessary to insulate insurrectionists from being disqualified from federal elections. They didn’t just rule that states cannot disqualify Trump, or Presidential candidates, but rather that states cannot disqualify any insurrectionist candidates for federal office. The Justices gave all the power to a notoriously dysfunctional Congress to do so, even though Section Five did not explicitly make Congress the sole enforcing authority of Section Three. As in the Dobbs case that overturned 50 years of Roe v. Wade, the conservative principle of “judicial restraint” does not exist with this Supreme Court. Republicans like to blast “activist judges,” but as we see yet again, an “activist judge” is just someone who rules against you. Under the Supreme Court’s expansive ruling, a state is currently unable to disqualify a candidate for federal office who engaged in insurrection, even if that person has been charged and convicted of insurrection. Even a federal court would be unable to bounce an insurrectionist from the ballot absent a law enacted by Congress.

There's No Restraining This Activist Supreme Court

This SCOTUS needs to be burned to the ground and rebuilt with actual Justices, instead of these unelected activists who are opposed by nearly 8 in 10 Americans.

The Courts are not going to save us. The Courts aren’t even going to enforce existing laws that were written to protect us. The Courts are actively working against Democracy and doing everything The Courts can do to hasten Fascism’s hold on the levers of power. Fascism has already come to America. It is taking root in every state that is under Republican occupation, urged on and enabled by this SCOTUS majority, and their ideological partners in the House and Senate. The only way we can stop this from spreading like a Zerg creep over all of America is to overwhelmingly put Democrats into office and then force them to act.

If Congress won’t do something to limit the grotesque abuses of power by people who don’t interpret the law, but make law from the bench, it will be up to America to rise up and demand action. 

I refuse to be ruled by 6 Christofascist Nationalists, and I refuse to sit quietly while people who have the legal means to do something throw up their hands and furrow their brows.

This is going to be our last election that matters, if we don’t.

I’m serious. If Trump somehow gets into the White House again, we will never have another election in my lifetime.

LISTEN TO ME: any vote that is not for Joe Biden is a vote to end Democracy in America. Any vote that is not for a Democrat is a vote to end Democracy in America. When I see people insisting they won’t support Biden or Democrats because they aren’t Left enough, I want to pull my hair out. The stakes are too high for all of us -- especially the most vulnerable among us -- to indulge temper tantrums.

It’s a very simple choice: you can vote for Biden and Democrats, or you can vote to turn America into a Christian Nationalist Theocracy, ruled by autocrats.

This will be our last free election, if Republicans are not resoundingly and forcefully rejected at all levels.

#uspol #scotus

[religion-is-a-mental-illness]

By: Chloe Cole

Published: July 28, 2023

On Thursday, her 19th birthday, Chloe Cole testified to Congress with a “final warning” that medical treatments to change the gender of confused children is horrific. Cole, who was given surgery as a teenager to become male and soon regretted it, said what she needed most was therapy, not a scalpel. Here is what she told lawmakers:

My name is Chloe Cole and I am a de-transitioner.

Another way to put that would be: I used to believe that I was born in the wrong body and the adults in my life, whom I trusted, affirmed my belief, and this caused me lifelong, irreversible harm. 

I speak to you today as a victim of one of the biggest medical scandals in the history of the United States of America. 

I speak to you in the hope that you will have the courage to bring the scandal to an end, and ensure that other vulnerable teenagers, children and young adults don’t go through what I went through. 

Deceit & coercion 

At the age of 12, I began to experience what my medical team would later diagnose as gender dysphoria.

I was well into an early puberty, and I was very uncomfortable with the changes that were happening to my body. I was intimidated by male attention. 

And when I told my parents that I felt like a boy, in retrospect, all I meant was that I hated puberty, that I wanted this newfound sexual tension to go away.

I looked up to my brothers a little bit more than I did to my sisters. 

I came out as transgender in a letter I sent on the dining room table.

My parents were immediately concerned.

They felt like they needed to get outside help from medical professionals. 

But this proved to be a mistake.

It immediately set our entire family down a path of ideologically motivated deceit and coercion.

The general specialist I was taken to see told my parents that I needed to be put on puberty-blocking drugs right away. 

They asked my parents a simple question: Would you rather have a dead daughter or a living transgender son? 

The choice was enough for my parents to let their guard down, and in retrospect, I can’t blame them.

This is the moment that we all became victims of so-called gender-affirming care.

I was fast-tracked onto puberty blockers and then testosterone. 

The resulting menopausal-like hot flashes made focusing on school impossible.

I still get joint pains and weird pops in my back.

But they were far worse when I was on the blockers. 

Forever changed 

A month later, when I was 13, I had my first testosterone injection.

It has caused permanent changes in my body: My voice will forever be deeper, my jawline sharper, my nose longer, my bone structure permanently masculinized, my Adam’s apple more prominent, my fertility unknown. 

I look in the mirror sometimes, and I feel like a monster.

I had a double mastectomy at 15.

They tested my amputated breasts for cancer.

That was cancer-free, of course; I was perfectly healthy.

There is nothing wrong with my still-developing body, or my breasts other than that, as an insecure teenage girl, I felt awkward about it.

After my breasts were taken away from me, the tissue was incinerated — before I was able to legally drive. 

I had a huge part of my future womanhood taken from me.

I will never be able to breastfeed.

I struggle to look at myself in the mirror at times.

I still struggle to this day with sexual dysfunction.

And I have massive scars across my chest and the skin grafts that they used, that they took of my nipples, are weeping fluid today, and they’re grafted into a more masculine positioning, they said. 

After surgery, my grades in school plummeted.

Everything that I went through did nothing to address the underlying mental health issues that I had.

And my doctors with their theories on gender that all my problems would go away as soon as I was surgically transformed into something that vaguely resembled a boy — their theories were wrong.

The drugs and surgeries changed my body, but they did not and could not change the basic reality that I am, and forever will be, a female. 

Depths of despair 

When my specialists first told my parents they could have a dead daughter or a live transgender son, I wasn’t suicidal.

I was a happy child who struggled because she was different. 

However at 16, after my surgery, I did become suicidal.

I’m doing better now, but my parents almost got the dead daughter promised to them by my doctors.

My doctor had almost created the very nightmare they said they were trying to avoid. 

So what message do I want to bring to American teenagers and their families?

I didn’t need to be lied to.

I needed compassion.

I needed to be loved. 

I needed to be given therapy that helped me work through my issues, not affirmed my delusion that by transforming into a boy, it would solve all my problems. 

We need to stop telling 12-year-olds that they were born wrong, that they are right to reject their own bodies and feel uncomfortable with their own skin. 

We need to stop telling children that puberty is an option, that they can choose what kind of puberty they will go through, just like they can choose what clothes to wear or what music to listen to. 

Pseudoscience 

Puberty is a rite of passage to adulthood, not a disease to be mitigated.

Today, I should be at home with my family celebrating my 19th birthday.

Instead, I’m making a desperate plea to my elected representatives.

Learn the lessons from other medical scandals, like the opioid crisis. 

Recognize that doctors are human, too, and sometimes they are wrong. 

My childhood was ruined along with thousands of de-transitioners that I know through our networks.

This needs to stop. You alone can stop it. 

Enough children have already been victimized by this barbaric pseudoscience.

Please let me be your final warning. 

Thank you.

Might as well call her a murtad and kufr.

"The medical industry mutilated me, maybe don't mutilate other kids," shouldn't require bravery or renouncing an ideology.

Reminder: A minor under the age of 18 is too young to agree to a cellphone contract. 🤦‍♀️

#Chloe Cole #detrans #detransition #gender ideology #queer theory #medical malpractice #medical scandal #medical mutilation #gender affirming #gender affirming care #affirmation model #double mastectomy #gender cult #sex trait modification #genderwang #religion is a mental illness

[comeonamericawakeup]

The biggest threat to the United States is not China or Russia or other "external threats," said Max Boot. It's "our own political dysfunction." The U.S. remains fundamentally strong, with the world's biggest and most resilient economy, the most powerful military, and 50 allies, compared with a handful for China and Russia. China's once-booming economy has stagnated, due to poor central planning and an aging and shrinking population. We remain the world's only true superpower and an "indispensable nation," keeping rogue actors like Vladimir Putin and Iran in check. But extreme partisan warfare and a growing isolationist movement have put us on the road to abdicating that critical role. A divided Congress cannot even pass a budget, or agree on military aid to embattled allies Israel and Ukraine. If Donald Trump and his "American First" brigade regains the White House, he'll likely abandon Ukraine, pull the U.S. out of NATO, alienate allies, and cripple our nation's global power. A host of enemies, including Nazi Germany, al Qaida, the Soviet Union, Russia, and China have been unable to cripple the U.S. and demote us to second-class status. But Americans may succeed where "others have failed."

THE WEEK November 24, 2023

[dreaminginthedeepsouth]

Christopher Weyant :: @ChristophWeyant

* * * *

LETTERS FROM AN AMERICAN

March 22, 2024

HEATHER COX RICHARDSON

MAR 23, 2024

As expected, Trump’s team has reorganized the Republican National Committee’s donation system, arranging for maximum donations to go first to Trump’s presidential campaign, then to Trump’s Save America political action committee, and finally to the RNC to elect down ballot candidates. The Save America PAC pays Trump’s legal bills. So far in 2024 it has spent $8.5 million on them. In essence, this new flow means Trump is using the RNC to raise money that is then diverted to him. 

This morning, conservative lawyer George Conway suggested that “we should stop defiling the memory of the party of Lincoln by referring to the current organization” as the Republican Party.

Midnight tonight was the deadline for the continuing resolution that was funding much of the government, and the House finally passed the necessary appropriations bills this morning, just hours before the deadline, by a vote of 286–134. Democrats put the bill over the top, adding 185 yea votes to the 101 Republicans voting in favor of the bill. In a blow to House speaker Mike Johnson (R-LA), 112 Republicans joined 22 Democrats to vote against the measure.. 

As soon as the bill passed, Johnson recessed the House until April 9.

Because the deadline to prevent a government shutdown was so tight, the Senate needed to take the House measure up immediately. But Senate rules mean that such a quick turnaround needs unanimous consent, and right-wing senators refused to give it. 

Instead, Republican senators Ted Budd (NC), Mike Lee (UT), Ted Cruz (TX), and Rand Paul (KY) demanded votes on extremist amendments to try to jam Democrats into a bind before the upcoming election. If the amendments passed, the government would shut down for the purely mechanical reason that the House can’t consider any amendments until it gets back to work in April. So the Democrats would certainly vote against any amendments to keep the government open. But this would mean they were on record with unpopular votes in an election year. 

The demand for amendments was partisan posturing, but the delay was particularly nasty: Senator Susan Collins (R-ME), who was a key negotiator of the bill, needed to get back to Maine for her mother’s funeral. 

In the House, the passage of the appropriations bill and the recess prompted significant changes. Representative Kay Granger (R-TX) announced she is stepping down from chairing the Appropriations Committee. 

Another Republican representative, Mike Gallagher of Wisconsin, announced he will leave Congress early, stepping down on April 19. Gallagher is chair of the Select Committee on the Chinese Communist Party and has voiced frustration with the current state of his party. His absence will shave the Republican House majority to just one vote, and the timing of his departure means he will not be replaced this session. Wisconsin law leaves any vacancy after the second Tuesday in April until the general election.

Representative Ken Buck (R-CO) announced last week that he, too, was leaving Congress early, complaining that “[t]his place has just evolved into…bickering and nonsense.” Today was his last day in the House. Before he left, he became the first Republican to sign on to the discharge petitions that would bring Ukraine aid to the floor even without House speaker Johnson’s support.

Despite the frustration of their colleagues, extremist Republicans are not backing down. After the appropriations measure passed, Representative Marjorie Taylor Greene (R-GA) told reporters she has filed a motion to vacate the chair to punish Johnson for permitting the bill to pass without more extremist demands. Her threat will hang over the two-week break, but it is not clear what the House will do with her motion; they might simply bottle it up in committee. 

Greene might not push a vote on the speaker right now in part because of pressure from her colleagues to cut it out. They understand that the extraordinary dysfunction of the House under Republicans’ control is hurting them before the 2024 election, and another speaker fight would only add to the chaos. There is also the reality that with such a small majority, Johnson would have to rely on Democrats to save his speakership if it were challenged, and a number of them have suggested they would vote to keep him in the chair if he would agree to bring a vote on aid for Ukraine to the floor. 

Representative Jamie Raskin (D-MD) told CNN that he would “make common cause with anybody who will stand up for the people of Ukraine, anybody who will get desperately needed humanitarian assistance to Gaza, and anybody who will work for a two state solution. I’m up for conversations with anybody.” 

The cost of Johnson’s withholding of assistance for Ukraine is mounting. Last night, Russia launched the largest barrages of missiles and drones since its war began at Ukraine’s power grid, leaving more than a million people without power and degrading Ukraine’s energy sector. The Institute for the Study of War assessed today that “continued delays in Western security assistance…are reportedly expected to significantly constrain Ukraine‘s air defense umbrella,” leaving Ukrainian forces unable to defend against missile attacks. Ukraine president Volodymyr Zelensky once again begged for aid, saying: “Russian missiles do not suffer delays in the way aid packages to our country do. Shahed drones are not affected by indecision like some politicians are.”

Ukraine has been using drones to attack Russia’s oil refineries, but Russia had a new problem today as a deadly attack on a Moscow concert hall claimed at least 60 lives. The Islamic State's Afghan branch, known as ISIS-K, which advocates for civilian mass-casualty events to weaken governments, claimed responsibility for the attack. 

Letters From An American

Heather Cox Richardson

#Letters From An American #Heather Cox Richardson #aid to Ukraine #dysfunctional Congress #broken House of Representatives #stand up for Ukraine #broken Republican Party #dysfunctional RNC #TFG's piggy bank #election 2024

[mostlysignssomeportents]

Being good at your job is praxis

You know the joke.

Office manager: "$75 just to kick the photocopier?"

Photocopier technician: "No, it's $5 to kick the photocopier and $70 to know where to kick it."

The trustbusters in the Biden administration know precisely where to kick the photocopier, and they're kicking the shit out of it. You love to see it.

Last July, the Biden admin published an Executive Order enumerating 72 actions that administrative agencies could take without any further action from Congress - dormant powers that the administration already had, but wasn't using:

https://www.thenation.com/article/economy/biden-monopoly-executive-order/

This memo was full of deep cuts, like the Competition in Contracting Act of 1984, Northern Pac. Ry Co v US (1958), the Bank Merger Act and the Bank Holding Company Act of 1956, and the Packers and Stockyards Act of 1921:

https://www.whitehouse.gov/briefing-room/presidential-actions/2021/07/09/executive-order-on-promoting-competition-in-the-american-economy/

The memo opened with the kind of soaring rhetoric that I absolutely dote on, a declaration of the end of Reagonomics and its embrace of monopoly:

https://www.eff.org/deeplinks/2021/08/party-its-1979-og-antitrust-back-baby

But the memo didn't just offer red meat to tube-feeding activist cranks like me: it also set out 72 specific, technical activities that would make profound, material changes in the economy and improvements to the lives of every person in America, and then the administration executed every one of those actions:

https://www.davispolk.com/insights/client-update/president-bidens-executive-order-competition-one-year-later

They knew where to kick the photocopier and boy did they kick it - hard.

The White House action has Tim Wu's fingerprints all over it. He's the brilliant, driven law professor who's gone to work as Biden's tech antitrust czar. But Wu isn't alone: he's part of a trio of appointees who are all expert photocopier kickers. There's Jonathan Kanter at the DoJ and Lina Khan at the FTC.

Khan is a model of administrative competence and ideological coherence. Her tenure has included lots of soaring rhetoric to buoy the spirits of people like me:

https://pluralistic.net/2022/05/09/rest-in-piss-robert-bork/#harmful-dominance

But it's also included lots of extremely skillful ju-jitsu against the system, using long-neglected leverage points to Get Shit Done, rather than just grandstanding or demanding that Congress take action. Here's the FTC's latest expert kick at the photocopier: action on Right to Repair that exercises existing authority:

https://www.vice.com/en/article/k7bxaa/ftc-energy-rules-right-to-repair

The Right to Repair fight is a glaring example of democratic dysfunction. Americans broadly and strongly support the right to fix their own stuff, or to take their stuff to the repair depot of their choice. How broadly? Well, both times that the question has been on the Massachusetts ballot, there was massive participation and the measures passed with ~80% majorities:

https://pluralistic.net/2021/05/26/nixing-the-fix/#r2r

But despite this, state-level attempts to pass R2R bills have been almost entirely crushed by a coalition of monopolists, led by Apple, including John Deere, GM, Wahl Shavers, Microsoft, Google, and many other giant corporations who want the power to tell you your property is beyond repair and must be condemned to an e-waste dump:

https://doctorow.medium.com/apples-cement-overshoes-329856288d13

Right to Repair is a case study for the proposition that "ordinary citizens… get the policies they favor, but only because those policies happen also to be preferred by the economically-elite citizens who wield the actual influence."

https://scholar.princeton.edu/sites/default/files/mgilens/files/gilens_and_page_2014_-testing_theories_of_american_politics.doc.pdf

Enter the photocopier kickers, wearing boots. The same month that the White House dropped is massive antitrust executive order, it also published an executive order on Right to Repair, including electronics repair:

https://pluralistic.net/2021/07/10/unnixing-the-fix/#r2r-plus-plus

The EO built on the evidence compiled through the FTC's "Nixing the Fix" report:

https://www.ftc.gov/system/files/documents/reports/nixing-fix-ftc-report-congress-repair-restrictions/nixing_the_fix_report_final_5521_630pm-508_002.pdf

But it also identified that the FTC already had the power to do Right to Repair, in its existing Congressional authorization:

https://www.whitehouse.gov/briefing-room/statements-releases/2021/07/09/fact-sheet-executive-order-on-promoting-competition-in-the-american-economy/

The Biden antitrust strategy is powerful because it recognizes that every administrative agency has powers that can be brought to bear to slow down the anticompetitive flywheel that has allowed giant corporations to extract monopoly profits and then launder them into pro-monopoly policies.

Which brings me to today's news: the FTC has carefully reviewed the powers it has under its existing Energy Labeling Rule (you know, the rule that produces those Energystar stickers on appliances) and concluded that it can also force companies to publish repair manuals under this rule:

https://www.ftc.gov/news-events/news/press-releases/2022/10/federal-trade-commission-seeks-public-comment-initiative-reduce-energy-costs-strengthen-right-repair

As USPIRG's Nathan Proctor told Motherboard’s Matthew Gault, "When Congress passed energy conservation policies decades ago, it included the ability to require Right to Repair access. While that provision has gone unnoticed for too long, it’s not surprising it was written that way."

https://www.vice.com/en/article/k7bxaa/ftc-energy-rules-right-to-repair

The FTC is now planning to exercise that long dormant authority in a game-changing way - to kick the photocopier really, really well. It is seeking public comment on "whether lack of access to repair instructions for covered products is an existing problem for consumers; whether providing such information would assist consumers in their purchasing decisions or product use; whether providing such information would be unduly burdensome to manufacturers; and any other relevant issues"

https://www.ftc.gov/system/files/ftc_gov/pdf/R611004EnergyLabelingANPR.pdf

The Trump years were brutal. Every time we turned around, some Trumpy archvillain was twirling his mustache and announcing an evil plot. Yet so many of these turned out to be nothingburgers - not because they were sincere in their intentions, but because they lacked administrative competence.

Trump embodied administrative incompetence. He was very good at commanding the news cycle, and very good at riling up his base, but he had no idea where to kick the photocopier, and every expert photocopier kicker that Trump hired got immediately fired, because they would insist that Getting Shit Done required patience and precision, not a deluge of chaotic governance-by-tweeting.

To the extent that Trumpland Got Shit Done - packing the courts, handing out trillions in tax gifts to the ultra-rich - it was in spite of Trump and his trumpies, and because of the administratively competent wing of the party: McConnell, Romney, et al. In the GOP, "establishment" is a slur meaning "competent."

This isn't to say that Trump wasn't dangerous - he absolutely was. But it does militate for an understanding of politics that pays close attention to competence as well as virtue or wickedness.

It's one of the things that was very exciting about the Elizabeth Warren campaign - those long-ass policy documents she dropped were eye-wateringly detailed photocopier-kicking manuals for the US government.

Biden himself isn't much of a photocopier kicker. He's good at gladhanding, but the photocopier kickers in his administration represent a triumph of the party's progressive wing. And therein lies a key difference between the parties: in the GOP, the competent are the establishment; in the Democrats, the establishment are the ones who can't or won't act, and the progressives have got their boots on and are ready to kick.

Image: Temple University Libraries (modified) https://www.flickr.com/photos/tulpics/4882641645/

CC BY 2.0: https://creativecommons.org/licenses/by/2.0/

[Image ID: A photocopier in an office copy room; a silhouetted figure is dealing a flying kick to it.]

#pluralistic

[tomorrowusa]

As if the US House of Representatives were not experiencing enough chaos and dysfunction, Donald Trump will be visiting Capitol Hill next week. It will be his first visit since he encouraged MAGA terrorists to rampage through the Capitol on 06 January 2021.

He also stated that he would be "open" to becoming House Speaker. The holder of that position doesn't necessarily have to be a House member, but both parties have policies which prevent indicted individuals from being part of the Congressional leadership. Trump faces four indictments featuring 91 counts against him.

Since Seth Meyers made that vid, Trump has declared his support for conspiracy nutcake Gym Jordan (R-OH-04).

Trump endorses Jim Jordan for House speaker - CBS News

#us house of representatives #118th congress #the seinfeld congress #speaker of the house #donald trump #republicans #house gop #republican dysfunction #gym jordan #oh-04 #steve scalise #la-01 #republicans are unfit to govern #seth meyers #election 2024 #Youtube

[zvaigzdelasas]

If we want a prosperous Ukraine with a viable path toward liberal governance and European Union membership, we will have to concede that it cannot be a NATO or U.S. ally, and that this neutral Ukraine must have verifiable limits on the types and quantities of weapons it may hold. If we refuse to agree to those terms, Russia will quite probably turn Ukraine into a dysfunctional wreck incapable of rebuilding itself, allying with the West, or constituting a military threat to Russia.

Russian progress is not yet evident on the map, where the battle lines have not moved appreciably over the past year. Ukraine’s counteroffensive failed to break through Russian defenses, and Russia has not pushed Ukrainian forces significantly westward. An observer comparing territorial holdings in January 2023 with January 2024 might reasonably conclude that the war has become a stalemate.

But this picture is misleading. The Kremlin is almost certainly not seeking such a breakthrough, at least not yet. Rather, it is methodically grinding down Ukraine’s capacity not only to wage war, but also to reconstitute a post-war military, by killing and wounding enormous numbers of Ukrainian soldiers and exhausting Ukrainian and Western arsenals of arms and ammunition. Ukraine is running short of artillery shells, and the U.S. and Europe cannot manufacture new ones quickly enough to meet Ukraine’s needs. Russian barrages of long-range air and missile strikes are increasingly overwhelming the capacity of Ukrainian air defenses, and the West simply lacks the ability to continue providing Patriot missiles or other advanced air defense systems.

It is quite true, as the Biden administration has warned, that ending U.S. aid to Kyiv would quickly result in Ukraine’s collapse. Sufficient aid to help Ukraine to stand successfully on the defensive should therefore continue. But what U.S. policymakers need to understand and honestly acknowledge is that absent a compromise peace settlement, massive levels of aid will have to continue not just for the coming year, but indefinitely. There is very little realistic chance of the West being able to outlast Russia and force it to accept peace on Ukrainian terms. The controversies in Congress over aid to Ukraine reflect these realities and are unlikely to diminish.

Under such circumstances, for the Biden administration to pledge American support to Ukraine for “as long as it takes” to defeat Russia is unwise, and even dishonest. It is widely believed in Washington that the failure of Ukraine’s counteroffensive means that the West has no choice but to back Ukraine’s fight against Russia for many years to come. Seeking compromise with Moscow is regarded as not only undesirable but also futile. Lacking alternatives, we must stay the present course, hoping that time will improve Ukraine’s position.

But time is not on Ukraine’s side, either militarily or economically, and so Ukraine’s position in any future negotiations may well be very much worse than at present. Russia’s population is at least four times that of Ukraine and its GDP 14 times. The Russian army is far better led and more tactically adept than it was at the start of the war, and Western sanctions show no signs of being able to cripple the Russian economy, which is more and more geared for war.

And whatever Brussels may say, as long as the war continues it is exceptionally unlikely that Ukraine will be able to develop economically and begin the extremely difficult process of joining the European Union.

Most importantly, the United States has not tested the assumption that Russian President Vladimir Putin has no interest in talking. It is indeed very likely that Putin believes Russia now has the upper hand in the war and can afford to wait. Nonetheless, Putin has repeatedly insisted that Russia is ready to talk, and also that Washington – not Kyiv – makes the key decisions in the war and therefore it is for Washington to engage in talks.

This may be posturing; but it is also possible that Putin recognizes that absent a settlement, Russia is headed toward the dangers of a permanently volatile confrontation with the West, an economy distorted by the demands of military production, and a constricting degree of dependence on China. Russians’ concerns about these problems are likely to grow as their fears they may lose the war in Ukraine diminish.

It is further alleged that Putin believes that a future Donald Trump presidency would be the Kremlin’s best hope for a settlement on Russian terms. However, Trump’s first term produced some friendly rhetoric but much hostile action toward Moscow, including withdrawal from nuclear arms agreements and increased flows of U.S. weapons and training for the Ukrainian army.[...]

Given that Russia now has the advantage on the battlefield and senses that time is on its side, to get Putin to end the war and end his ambition to subjugate Ukraine or seize more territory, Washington will have to offer some serious incentives. These will need to include showing that the U.S. is prepared to meet Russian concerns about the U.S. and NATO security threat to Russia (concerns that are genuinely held throughout the Russian establishment).

This will mean agreement to a Ukrainian treaty of neutrality, with security guarantees for Ukraine, that will allow that country to follow neutral Finland and Austria during the Cold War and develop as a free market democracy. Western sanctions against Russia would need at least to be eased if not suspended, but with a binding commitment that they would automatically resume if Russia launched new aggression.

An agreement along these lines would be extremely painful for both Ukraine and the Biden administration. However, we should see preserving the independence of 80 percent of Ukraine as a real victory, even if not a complete one. It is certainly far better than what appears to be the alternative: a war of attrition with dreadful losses for Ukraine, leading sooner or later to a far greater Ukrainian defeat.

11 Jan 24

#anatol lieven continues to be one of the only prominent people in the anglo world with any sense

[deadpresidents]

The Republican Party just keeps finding new levels of dysfunction. I believe the scholarly phrase that political scientists will use for this Congress is "Shit Show at the Fuck Factory".

#Kevin McCarthy #U.S. House of Representatives #House of Representatives #Speaker of the House #Speaker McCarthy #Politics #Political History #History #GOP #Republican Party #Shit Show at the Fuck Factory #Congress #Succession #But in Real Life

[tanadrin]

The latest 5-4 episode, on Hans v Louisiana, highlights a big problem with the history of the Supreme Court in the U.S., which is that a lot of Supreme Court decisions are the product of really specific political pressures--in this case, the lack of political will by the federal government in 1890 to enforce federal power against the Southern states thirteen years after the Compromise of 1877--for which the Court often acts as a release valve. But, because of the nature of the court and the structure of American law, these high-context political decisions have to be framed as eternal and general principles of law, which exert a heavy influence on later decisions of the Court. Sometimes, as with Hans (which made enforcement of civil rights more difficult) this might be consonant with the political outlook of the original decision, but sometimes it's just complete chaos. Cases like Bush v Gore that have no systematic principle behind them, but nevertheless have to be framed that way, to the detriment of future case law.

I don't know that this is a fully solvable problem! Certainly the small size of the Supreme Court introduces more variability into its decisions; that plus its highly politicized system of appointments makes it a really obvious place to fight for power; and the lack of a clean separation between its role as an appellate court and its role as a constitutional court muddles things further. But even if you could go back in time to expand the court massively, have cases heard by randomly-selected panels, split off the constitutional function into a separate court, and try to implement some kind of non-partisan appointment commission (all of which would require significant constitutional changes), I don't think you would necessarily get a different outcome in Hans, just because of how fundamentally apathetic the federal government was at the time to political dysfunction in the South, and how clearly they had demonstrated an unwillingness to actually follow through with the premise of Reconstruction.

I'd say that the thing that might help most in preventing decisions like Hans becoming millstones around the neck of future generations would be a willingness to call out obviously political bullshit masquerading as timeless legal principles, but I think nowadays people are pretty willing to do that. Bush v Gore, DC v Heller, Merrick Garland, Clarence Thomas's corruption scandals, and various other cases and stories have been a sharp reminder in recent years to anyone who was laboring under the illusion that SCOTUS really was an impartial machine of law, and even people who think it could or should be that are not very likely to claim it is right now.

But if the Supreme Court is going to be an ordinary political organ, I sort of think we should treat it like one, and just directly elect justices for fixed terms. Would that introduce grubby, messy electoral politics into the august body? Of course. But grubby, messy electoral politics is already there, the augustness is a sham, and presently the way that the court functions makes it a weird, tiny, by-appointment-only, members-serve-for-life third chamber of Congress, an American version of the Guardian Council, which is really bad for the coherent functioning of the political system.

#obviously this would require radical constitutional changes and so will not happen #but i think the same is true of my preferred slate of reforms #which is basically what i describe in the second paragraph above #unfortunately the *realistic* prospect #is that the other branches of government continue to have to route around the Supreme Court #in order to actually do stuff that kavanagh gorsuch thomas alito and barrett disagree with