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A Federal Court Just Reinstated DACA, and the Implications Go Far Beyond Immigration |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51809"><span class="small">Ian Millhiser, Vox</span></a>
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Sunday, 06 December 2020 13:41 |
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Millhiser writes: "Late Friday afternoon, a federal district judge ordered the Trump administration to fully reinstate the Deferred Action for Childhood Arrivals (DACA) program, which allows nearly 700,000 undocumented immigrants who came to the United States as children to live and work there."
People hold signs during a rally in support of the Supreme Court’s ruling in favor of the Deferred Action for Childhood Arrivals (DACA) program, in San Diego, on June 18. (photo: Sandy Huffaker/AFP/Getty Images)

A Federal Court Just Reinstated DACA, and the Implications Go Far Beyond Immigration
By Ian Millhiser, Vox
06 December 20
A federal judge handed immigrants a big win — and gave President-elect Biden a potential crisis.
ate Friday afternoon, a federal district judge ordered the Trump administration to fully reinstate the Deferred Action for Childhood Arrivals (DACA) program, which allows nearly 700,000 undocumented immigrants who came to the United States as children to live and work there.
The case is Batalla Vidal v. Wolf. Judge Nicholas Garaufis, who handed down the order, said the Department of Homeland Security (DHS) must “post a public notice, within 3 calendar days of this Order ... that it is accepting first-time requests for consideration of deferred action under DACA” because the department’s ostensible leader tried to limit the DACA program without having the authority to do so.
The ruling is the latest blow to the Trump administration’s attempts to end the program. In 2017, Trump’s DHS issued a memo that sought to wind down the DACA program, but the Supreme Court ruled last June that DHS’s initial attempts to end it were void because the department did not adequately explain why it was doing so.
Rather than fully reinstating DACA following the Supreme Court’s order, however, DHS issued a new memo in July signed by Undersecretary of Homeland Security’s Office for Strategy, Policy, and Plans Chad Wolf — and the lawfulness of this July memo was the central issue in Batalla Vidal. “I have concluded that the DACA policy, at a minimum, presents serious policy concerns that may warrant its full rescission,” Wolf wrote in that memo.
The memo directs “DHS personnel to take all appropriate actions to reject all pending and future initial requests for DACA,” and it provides that current DACA beneficiaries may only receive one-year renewals of their DACA status, rather than the two-year extensions they would have received prior to this memo.
Wolf, moreover, purported to be far more than a mere undersecretary in his memorandum. In November of 2019, President Trump named Wolf acting Secretary of Homeland Security, and Wolf signed his July memo as “Acting Secretary.” This distinction matters because as undersecretary, Wolf lacks the power to make changes to DACA, but the Secretary of Homeland Security does have the authority to make such changes.
Judge Garaufis ruled in mid-November that Wolf “was not lawfully serving as Acting Secretary of Homeland Security under the Homeland Security Act (‘HSA’) when he issued the July 28, 2020 memorandum,” thereby cutting the legs out from under Wolf’s attempt to water down the DACA program. If Wolf is not the acting secretary, then his July memo is void.
The order Garaufis handed down on Friday lays out some of the consequences of the judge’s mid-November decision. “Because Mr. Wolf was without lawful authority to serve as Acting Secretary of OHS, the Wolf Memorandum is VACATED,” Garaufis wrote in his most recent order.
So the good news for DACA-eligible immigrants is that, barring a decision from a higher court blocking Garaufis’s most recent order, those immigrants will soon be able to obtain DACA status. And even if the order is blocked, President-elect Joe Biden has also pledged to fully reinstate DACA once he takes office on January 20.
Nevertheless, the future of DACA remains uncertain. For one thing, the Supreme Court’s June decision blocking the Trump administration’s initial attempts to end the program was a 5-4 decision, with the late Justice Ruth Bader Ginsburg in the majority. Since then, Trump has replaced Ginsburg with the far more conservative Justice Amy Coney Barrett. And even before Barrett arrived at the Supreme Court, several members of the Court had signaled that they thought DACA is illegal.
So there’s a reasonable likelihood that the Court’s new 6-3 Republican majority will strike down the DACA program even as Biden tries to preserve it.
The logic of Garaufis’s November opinion — that presidents have only limited authority to make acting appointments — could also come back to bite Biden, especially if Republicans control the Senate and, with it, the power to block Biden’s nominees.
Chad Wolf is not the acting Secretary of Homeland Security
The core issue in the Batalla Vidal case turns on whether Wolf was lawfully appointed acting secretary, and therefore is empowered to make changes to the DACA program.
Garaufis’s opinion holding that Wolf was not lawfully appointed is fairly straightforward. The Homeland Security Act provides that, if DHS’s top job becomes vacant, the deputy secretary shall act as secretary. If both jobs are vacant, then “the Under Secretary for Management shall serve as the Acting Secretary if by reason of absence, disability, or vacancy in office, neither the Secretary nor Deputy Secretary is available to exercise the duties of the Office of the Secretary.” A sitting secretary, moreover, “may designate such other officers of the Department in further order of succession to serve as Acting Secretary.”
Currently, DHS’s top ranks are a bit a of ghost town. All three of the top jobs are vacant. Kirstjen Nielsen, the last person to serve as a Senate-confirmed Secretary of Homeland Security, resigned in April of 2019. Before she left, however, she did lay out the order of succession that should apply if the top three jobs at DHS became vacant.
If all top three jobs were vacant, Nielsen determined, then the administrator of the Federal Emergency Management Agency should become secretary — but this job has been vacant since the spring of 2019. Next in line would be the director of the Cybersecurity and Infrastructure Security Agency (CISA) — a job that, until recently, was filled by Christopher Krebs.
Trump fired Krebs in mid-November after Krebs refuted false claims by Trump and some of Trump’s allies that Biden somehow stole the 2020 election. But Krebs still was in his job as head of CISA in July, when Wolf handed down his DACA memo. That means that Krebs, not Wolf, should have been the acting secretary in July.
It’s worth noting that, even with Krebs out of the picture, Wolf still is not next in line to be acting secretary. After Krebs is the DHS’s undersecretary for science and technology, but this position is vacant and the job is currently being done by a “Senior Official Performing the Duties of the Under Secretary for Science and Technology.” The next person in line after that is the undersecretary for intelligence and analysis, but that position is vacant as well, and the relevant office is held by an acting official. Eighth in line is the commissioner of US Customs and Border Protection, but that position is also vacant and there, too, the office is led by an acting official.
Ninth in line is the administrator of the Transportation Security Administration. The TSA actually does have a Senate-confirmed leader — David Pekoske was confirmed to lead the TSA in 2017 — and he still holds that office. So it would appear that Pekoske, not Wolf, should currently be serving as acting secretary of DHS.
Judge Garaufis’s order is bad news for Biden if Republicans try to sabotage his administration
As this litany of vacant offices and acting officials suggests, the courts have thus far been fairly tolerant of President Trump’s attempts to bypass the Senate and fill top jobs with acting officials. But Judge Garaufis’s order suggests that tolerance may be coming to an end just as Biden is preparing to take office.
We do not yet know who will control the Senate at the beginning of the Biden administration. Currently, Republicans hold a 50-48 seat majority in the incoming Senate, with two seats to be determined in a January 5 Georgia runoff election. If Democrats win both of those seats, Vice President-elect Kamala Harris’s tiebreaking vote will give them a narrow majority in the Senate.
But if Republicans prevail in either Georgia race, then Senate Majority Leader Mitch McConnell (R-KY) will continue to lead the Senate, and Republicans will have the power to block any Biden nominee to any Senate-confirmed job.
Biden, meanwhile, may find himself unable to staff his administration if Republicans choose to sabotage his presidency. While the Department of Homeland Security has a rigid order of succession for its top job, most agencies are governed by the Federal Vacancies Reform Act (FVRA) when a Senate-confirmed position becomes vacant.
Under the FVRA, the president may temporarily fill a vacant, Senate-confirmed job with an acting appointee. But the president cannot fill the job with just anyone — typically the acting appointee must either be currently serving in a Senate-confirmed job, or be currently serving as a senior civil servant.
Thus, if a vacancy arises in the middle of a presidency, that’s typically no big deal. After the first year of a new presidency, the president will normally have appointed hundreds of individuals to Senate-confirmed jobs. So that gives the president a deep bench of officials to slide into acting roles as they are needed.
But, at the beginning of Biden’s presidency, he won’t be able to rely on existing Senate-confirmed officials to serve as acting secretaries if the Senate refuses to confirm his nominees. With rare exceptions, the only people in Senate-confirmed jobs when Biden takes office will be Trump appointees.
Biden could potentially fill the vacant jobs with civil servants — that is, with senior career officials in the relevant agencies — but that could prevent Biden from naming a Cabinet that shares his political and policy vision.
The FVRA imposes rigid limits on just how long an individual may serve in an acting role. Under many circumstances, the tenure of an acting official is limited to just 210 days after a vacancy arises. So even though Biden could fill many jobs temporarily with civil servants, many of those acting appointments will expire just seven months into his presidency.
As mentioned above, the courts haven’t exactly been rigorous in enforcing these restrictions under President Trump, but they now seem likely to take a new interest in enforcing laws like the FVRA once Biden takes office. A 6-3 Republican Supreme Court is unlikely to bend the law in order to help a Democratic president — and really, the law is quite clear that Biden does not have a limitless power to make acting appointments.
A tremendous amount, in other words, is potentially at stake in the Georgia Senate runoffs. Those races could determine whether the Biden administration is able to perform many of the most basic functions of government — starting with actually getting people into top jobs within the administration.

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From Alaska to California, the Climate Is Off-Kilter in the West |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=54482"><span class="small">Jonathan Thompson, High Country News</span></a>
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Sunday, 06 December 2020 13:36 |
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Thompson writes: "In September, President Donald Trump visited fire-ravaged California and declared that the wildfires that had already burned across millions of acres were the result of forest mismanagement, not a warming climate."
Visitors pose by an unofficial thermometer in Death Valley National Park, August 17, 2020. (photo: Mario Tama/Getty Images)

From Alaska to California, the Climate Is Off-Kilter in the West
By Jonathan Thompson, High Country News
06 December 20
n September, President Donald Trump visited fire-ravaged California and declared that the wildfires that had already burned across millions of acres were the result of forest mismanagement, not a warming climate. “When trees fall down after a short period of time, they become very dry — really like a matchstick. No more water pouring through, and they can explode,” he said. “Also leaves. When you have dried leaves on the ground, it’s just fuel for the fires.”
Trump is right about one thing: Global warming isn’t the only reason the West is burning. The growing number of people in the woods has increased the likelihood of human-caused ignitions, while more than a century of aggressive fire suppression has contributed to the fires’ severity. In addition, unchecked development in fire-prone areas has resulted in greater loss of life and property.
Yet, much as California Governor Gavin Newsom told Trump, it’s impossible to deny the role a warming planet plays in today’s blazes. “Something’s happening to the plumbing of the world,” Newsom said.“And we come from a perspective, humbly, where we submit the science is in and observed evidence is self-evident that climate change is real, and that is exacerbating this.”
The accompanying graphic includes a few examples of the evidence Newsom mentioned. But then, you only have to step outside for a moment and feel the scorching heat, witness the dwindling streams, and choke on the omnipresent smoke to know that something’s way off-kilter, climate-wise.
But during his September stop outside Sacramento, California, under a blanket of smoke, Trump merely grinned and shrugged it off, again asserting that scientists don’t know what’s happening with the climate. And, anyway, he said: “It’ll start getting cooler. You just watch.”
- Lewistown, Montana, (70 degrees Fahrenheit) and Klamath Falls, Oregon, (65 degrees) set high-temperature records for the month of February.
- California had its driest February on record.
- In April, parts of southern Arizona and California saw the mercury climb past 100 degrees Fahrenheit for multiple days in a row, shattering records.
- Nome, Alaska, experienced its warmest May since record-keeping began in the early 1900s.
- Seven large fires burned across more than 75,000 acres in Arizona during May, and in early June, lightning ignited the Bighorn Fire in the Santa Catalina Mountains near Tucson, ultimately torching 120,000 acres. A week later, the Bush Fire broke out in Maricopa County and became the fifth largest in the state’s history.
- On July 10, Alamosa, Colorado, set a temperature record for a daily low (37 degrees Fahrenheit). Later that day, it set another record for the daily high (92 degrees).
- Phoenix, Arizona, set an all-time record for monthly mean temperature in July (98.3 degrees), only to see that record fall in August (99.1 degrees Fahrenheit). The temperature in the burgeoning city exceeded 100 degrees on 145 days in 2020 — another record.
- Westwide in August, 214 monthly and 18 all-time high-temperature records were tied or broken, including in Porthill, Idaho (103 degrees), Mazama, Washington (103 degrees), and Goodwin Peak, Oregon (101 degrees).
- By the end of October, Phoenix had experienced 197 heat-associated deaths — about five times the yearly average during the early 2000s.
- In Death Valley National Park, the mercury hit 130 on August 16, breaking the previous all-time record set in 2013.
- Across the Western U.S., hundreds of monthly and all-time high-temperature records were broken in August, including in several places in Idaho and Washington, where the mercury climbed above 100 degrees.
- Warm temperatures in Alaska caused ice on the Chukchi Sea to melt, leaving record-tying amounts of open sea.
- During monsoon season (June through August), Phoenix received just 1 inch of rain, or about 37 percent of average, and then received no precipitation at all in September or October.
- Grand Junction, Colorado, experienced its driest July and August on record. On July 31, lightning ignited the nearby Pine Gulch Fire, which grew to 139,000 acres, making it (briefly) the largest in state history, only to be eclipsed by the 207,000-acre Cameron Peak Fire in the northern part of the state.
- Colorado’s wildfire season was not only its most severe on record, but most of the fires also burned far later in the year than normal. In mid-October, when Colorado’s mountains would normally be covered with snow, the East Troublesome Fire west of Boulder tore through high-elevation forests and homes to become the state’s second-largest fire ever. Shortly thereafter, the Ice Fire broke out at nearly 10,000 feet above sea level in what was once known as the “asbestos forest” near Silverton, burning over 500 acres.
- A dry thunderstorm that generated more than 8,000 recorded lightning strikes hit Central and Northern California in late July, igniting multiple megafires. The resulting August Complex became the largest fire in state history, and together with the SCU Lightning Complex, the LNU Lightning Complex, and the North Complex fires, it burned across more than 2 million acres, destroyed 5,000 structures and killed 22 people.
- Smoke from California’s fires spread across the region, causing particulate matter to build up to levels that were hazardous to health and significantly diminishing solar energy output.
- In September, several fires were sparked in Oregon’s tinder-dry forests. Fueled by high winds, they went on to burn more than 1 million acres and 4,000 homes.
- In August the Rio Grande in New Mexico shrank to the lowest mean monthly flow since 1973. Other rivers in the region, including the Colorado, Green, and San Juan, ran at far-below-average levels throughout the summer.
- As of early November, Lake Powell’s surface elevation had declined by 35 feet since the same date in 2019, and summer hydroelectric output from Glen Canyon Dam’s turbines was 13 percent below the previous summer’s.

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RSN: Abandoning Afghanistan |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=27921"><span class="small">Mort Rosenblum, Reader Supported News</span></a>
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Sunday, 06 December 2020 12:41 |
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Rosenblum writes: "Nineteen years and only Allah knows how many lives later - perhaps 500,000 - that still stands. And now Donald Trump has chosen to cut and run, leaving Joe Biden with an ungodly mess in a collapsed state of hapless victims ruled by violent factions that see America as a bitter enemy."
Konar Province, 2010. (Moises Saman/Magnum Photos)

Abandoning Afghanistan
By Mort Rosenblum, Reader Supported News
06 December 20
UCSON — “With satellite dishes snipped from tin cans, Afghans can sit back in the Middle Ages and keep tabs on the 21st century,” I wrote from Kabul in an Associated Press dispatch two months after 9/11. “Their bad luck is that this optical miracle works only one way.”
A teacher named Shahla Paryan had made the point as she poured me tea in her book-lined parlor. “I’m afraid the world just doesn’t understand us,” she said. “It is wrong to believe we are the same as those horrible people who brought terrorism to America. It is very wrong.”
Nineteen years and only Allah knows how many lives later – perhaps 500,000 – that still stands. And now Donald Trump has chosen to cut and run, leaving Joe Biden with an ungodly mess in a collapsed state of hapless victims ruled by violent factions that see America as a bitter enemy.
Trump is leaving behind only 2,500 troops, easy targets for a Taliban that America only ended up strengthening after its longest conflict in its history. With tragic irony, that is nearly the same number of men and women, U.S. armed forces volunteers, who died in vain since 2001.
Shahla was a university graduate who taught young girls to read, as much a part of Afghanistan as the more familiar women in body-bag burqas that evoke most Westerners’ stereotypes. She saw Osama bin Laden as a plague that was no more welcome than locusts or cholera.
She was grateful to Americans for the hope of badly needed change, but she feared they would abandon Afghanistan as they did after the Soviets were driven out in 1989. “This is our great opportunity,” she said. “We cannot miss it.”
During those first heady days, reporters moved freely. An old man in the main market fitted me with a Chitrali pakol, that ubiquitous flat-topped cap, to the amusement of bystanders. In small shops, I scrounged up the makings of an Italian pasta feast for the AP bureau.
I was assigned to do big-picture stories, part of a team directed by Kathy Gannon, whose solid reporting over the years earned her almost total access to press-shy Afghan leaders of all factions. But, as is so often the case, the story was in small-picture vignettes.
One morning, prowling Kabul backstreets, I found a man collapsed in grief next to a gaping hole on the dirt road near his house. His daughter had been playing hopscotch there when an errant bomb landed from an American plane.
Back then, victims like that anguished father accepted Allah’s will. They understood why invaders from half a world away pursued Saudi terrorists who had struck at the heart of America. That didn’t last long.
U.S. forces tracked Bin Laden into Tora Bora, a mountainous cave complex near the Khyber Pass. Then their orders changed. George W. Bush diverted his attention to Iraq. The Americans handed over the operation to Afghan troops, who let him escape into Pakistan’s Tribal Areas.
American troops stayed on, turning their attention to the Taliban, which was fighting warlords for power. Mullah Omar, the Talib leader in Kandahar to the south, had given sanctuary to Bin Laden and his men. But the Taliban then posed no direct threat to the United States.
Rather than focus on basic essentials – schools, a government capable of stemming corruption, an effective police force, courts, agricultural production – Washington waged war. Military costs have since surpassed $2 trillion, little of that for development aid.
Bagram Airfield mushroomed into a giant base, where leaked documents later revealed suspected terrorists were tortured and beaten. Prisoners were shipped to Guantanamo, sometimes on dubious evidence from neighbors with personal vendettas.
As the quagmire deepened, reporters covered the war well until interest back home waned. Many newcomers on short visits missed the dominant and duplicitous role of Pakistan.
War is far easier to start than finish. Generals see lights at the end of tunnels; one more “surge” should do it. Societies fall apart as enmities deepen. Powerbrokers and profiteers amass fortunes. Mission creep leads to occupation. Corrupt leaders stymie plans to create workable democracy. Troops lose gained ground for lack of local government.
This is hardly new. Think of the Uncle Remus story, The Tar-Baby, in 1881. Br’er Rabbit fashions a doll of tar and turpentine to entrap Br’er Fox, who punches it repeatedly, getting steadily more entangled.
Earlier, a French general famously asked Napoleon how he would get out of an impossible battlefield situation. “I wouldn’t have gotten into it,” the little emperor replied.
Vietnam is the classic example. John F. Kennedy began with discreet “advisers” to help the South fend off the North. In 1964, I interviewed a returned pilot at Davis-Monthan Air Base in Tucson. He said his role was to advise Vietnamese crews when to drop bombs.
I asked if he spoke Vietnamese. He didn’t. Nor did the crews speak English. So, I asked? With a sheepish grin, he said that he simply cut out the middleman. Eleven years later, Gerald Ford had to declare victory and bail, leaving the communists to implant their own of style of capitalism.
Afghanistan has been indomitable since Alexander the Great bogged down and found another way east. It defeated Genghis Khan and Britain. The Soviet Union was undone by its futile war. Had America picked up the pieces and brokered peace, it might have thrived. Or maybe not.
Rep. Charlie Wilson of Texas tried. He persuaded Congress to supply $1 billion worth of heavy weapons to guerrillas – including Bin Laden – who humbled the Russians. But with no follow-up, rebel warlords turned their guns on each other. Much of Kabul was pounded to rubble.
Dexter Filkins’ masterful book, The Forever War, narrates the passage from 9/11 until 2008 as Bush’s “global war on terror” blasted open a Pandora’s Box in South Asia, the Middle East and far beyond.
A brief excerpt, from a visit in 1998, describes the result of a lost decade:
“One morning I was standing amid the blown-up storefronts and the broken buildings of Jadi Maiwand, the main shopping street before it became a battlefield, and I was trying to take it in when I suddenly had the sensation one sometimes feels in the tropics, believing that a rock is moving, only to discover it is a living thing perfectly camouflaged. They were crawling out to greet me: legless men, armless boys, women in tents. Children without teeth. Hair stringy and matted.
“‘Help us,’ they said.”
Another explains what America and its allies were up against:
“War in Afghanistan often seemed like a game of pickup basketball, a contest among friends, a tournament where you never knew which team you’d be on when the next games got underway.… War was serious in Afghanistan, but not that serious. It was part of everyday life. It was a job. Only the civilians seemed to lose.”
Bush left Barack Obama a free hand to shape his own policy, as presidents have routinely done in past wars. Beyond simple courtesy, continuity is vital to national security and global stability. Obama took months to hear all arguments before building to a peak of 110,000 troops in 2011.
“Commanders who were knee-deep in the fighting deserved some deference when it came to tactical decisions,” Obama wrote in A Promised Land. And, he noted later, “New presidents couldn’t simply tear up agreements reached by their predecessors.”
Biden urged a change in strategy, not just tactics. He counseled resisting the generals to negotiate a way to disengage from an unwinnable war. He was probably right. The goal was to deny potential terrorists a staging ground, but the conflict created yet more implacable foes.
Obama briefed Trump thoroughly on Afghanistan and, as Bush did, he left the way clear for a new president to chart his own course. In August 2017, when Trump was still listening to seasoned advisers, he read a 3,000-word policy statement at Fort Myers in Virginia.
“The consequences of a rapid exit are both predictable and unacceptable,” Trump said. “A hasty withdrawal would create a vacuum that terrorists would instantly fill … The men and women who serve our nation in combat deserve a plan for victory.”
Today that rings as hollow as Bush’s vow not to rest until he had hunted down the mastermind of 9/ll. Trump is abandoning not only Afghanistan but also Somalia and other global flashpoints. He is backing away from Iraq while goading Iran toward another unwinnable war.
Admiral William McRaven, who directed the raid on Bin Laden in 2011, excoriated Trump’s firing of Defense Secretary Mark Esper, among others. Partisan hawks with no experience in conflict endanger U.S. troops and increase the risk of retaliatory terrorism.
He wrote in a Wall Street Journal op-ed: “If our promises are meaningless, how will our allies ever trust us? If we can’t have faith in our nation’s principles, why would the men and women of this nation join the military? And if they don’t join, who will protect us?”
Because of a clueless amateur guided by his own selfish instincts who mocks the “suckers’’ and “losers” defending America, Operation Enduring Freedom now echoes a Rudyard Kipling line after routed British troops fled to the Khyber pass: “An’ you’ll die like a fool of a soldier …”
Mort Rosenblum has reported from seven continents as Associated Press special correspondent, edited the International Herald Tribune in Paris, and written 14 books on subjects ranging from global geopolitics to chocolate. He now runs MortReport.org.
Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.

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FOCUS: The GOP Is the Party of Civil War |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=24111"><span class="small">William Saletan, Slate</span></a>
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Sunday, 06 December 2020 11:33 |
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Saletan writes: "As President Donald Trump heads to Georgia for a campaign rally on Saturday, a menace is spreading across the country: a right-wing insurrection, led by the president and his supporters, to overthrow the 2020 election by intimidation or force."
Mike Pence. (photo: Justin Sullivan/Getty)

The GOP Is the Party of Civil War
By William Saletan, Slate
06 December 20
In Georgia’s Senate runoffs, the central issue is right-wing insurrection.
s President Donald Trump heads to Georgia for a campaign rally on Saturday, a menace is spreading across the country: a right-wing insurrection, led by the president and his supporters, to overthrow the 2020 election by intimidation or force. That threat is becoming a central issue in the Jan. 5 Georgia runoffs that will decide control of the U.S. Senate.
The insurrection has been boiling at pro-Trump rallies in the past few weeks. In Georgia, amid chants of “victory or death,” speakers have vowed to “remove” a new Democratic administration, arguing that it “doesn’t have the military on their side.” At a rally led by Donald Trump Jr., a speaker warned, “We’re getting ready to start shooting.” Last weekend in Michigan, a crowd cheered as a member of the Proud Boys declared, “We don’t want a civil war, but we’re already in one. And we’re in it to win it.” In Florida, rally leaders called the election result a “war on our homeland” and pledged, “We will not allow them to fire a man for doing his job perfect.” In Arizona, a speaker demanded the imprisonment of President-elect Joe Biden, former President Barack Obama, and Hillary Clinton. “We have to protect [Trump] at any cost,” he said. Another speaker denounced House Speaker Nancy Pelosi and Arizona Gov. Doug Ducey, calling for “rebellion” and adding, “I’d love to see half of these people hung by the neck.” The crowd shouted its approval.
Trump has endorsed these rallies and has advocated—and attempted—direct interference in the election. He demanded that states “stop the count.” He tweeted, contrary to some state laws, that “any vote that came in after election day will not be counted.” He said “hundreds of thousands” of votes for Biden should be nullified, or should “count toward us,” because they were tabulated outside the view of partisan Republicans. Through the intervention of Republican legislatures or the Supreme Court—three of whose members he has appointed—he insisted that “the results of the individual swing states must be overturned, and overturned immediately.”
Trump didn’t just complain. He fired the director of federal cybersecurity, Christopher Krebs, for refusing to support his lies about election fraud. He hounded the FBI and the Department of Justice—and pressured Attorney General William Barr in a face-to-face meeting—for failing to back him up. “Maybe they’re involved,” Trump said of DOJ and the FBI, in an ambiguous smear on Fox News. On Twitter, he threatened to bar or invalidate Biden’s presidency. “Biden can only enter the White House as President if he can prove that his ridiculous ‘80,000,000 votes’ were not fraudulently or illegally obtained,” Trump wrote. He retweeted a declaration that absent such proof, Biden “cannot be considered ‘president’ ” and should be dismissed as an illegitimate “presidential occupant.”
In Georgia, Trump pressured Gov. Brian Kemp and other Republicans to “take charge,” invoke “emergency powers,” break a consent decree, “get tough” with Democrats, and “call in the Legislature” so Trump could “quickly and easily win the State.” He told Kemp, “Get it done!” When Ducey certified Biden’s victory in Arizona, Trump phoned in to a meeting of Republican legislators to attack the governor. He retweeted allegations that Ducey had run a “corrupt election,” “certified fraudulent election results,” and “betrayed the people of Arizona.”
The president’s legal advocates take the same hard line. On Nov. 19, in a press conference endorsed by Trump and the Republican National Committee, lawyers Sidney Powell and Rudy Giuliani demanded the nullification of hundreds of thousands of ballots. They denounced the FBI and suggested that “three-letter agencies”—apparently a reference to the CIA—were covering up election fraud because the agencies had used similar tricks to manipulate elections in other countries. On Wednesday, Powell repeated her conspiracy theories at a rally in Georgia with fellow pro-Trump attorney Lin Wood. Wood called the FBI “crooked” and urged Trump to fire CIA Director Gina Haspel. He called on the Republican-controlled Georgia Legislature to set aside Biden’s victory and authorize electors who would vote instead for Trump.
At times, Trump has praised, encouraged, or excused violence. On Nov. 5, he accused election workers of provoking Republican observers to “become somewhat violent.” On Nov. 14, he told police to crack down on left-wing assailants in street clashes, calling the culprits “Human Radical Left garbage.” The president instructed police, “Don’t hold back,” and he congratulated his supporters who “aggressively fought back” against “Antifa.” On Thanksgiving Day, after Georgia’s secretary of state, Republican Brad Raffensperger, refused Trump’s demands to intervene in the ballot count, the president branded him “an enemy of the people.”
Some conservative activists have joined Trump and his mobs in calling for muscle or violence. On Monday, right-wing radio host Eric Metaxas told Trump in an interview, “I’d be happy to die in this fight.” Joe diGenova, a Trump lawyer who shared the stage with Giuliani and Powell at the Nov. 19 press conference, said Krebs should be “taken out at dawn and shot.” On Tuesday, Wood, Powell, and Michael Flynn—the corrupt retired general who was pardoned by Trump last week—endorsed a statement calling for “limited martial law.” The statement urged Trump to “suspend the Constitution and civilian control of … elections” so that “the military” could administer “a national re-vote.” If Trump failed to get a re-vote, the statement said his supporters would “take matters into our own hands.”
Some zealots are already taking action. They’ve targeted election supervisors in several states, issuing death threats against officials in Vermont, calling for violence against the family of Arizona’s secretary of state, and orchestrating a hunt for a voting machine contractor who is now in hiding. On Monday, Gabriel Sterling, the Republican manager of Georgia’s elections, reported a death threat against an election worker, harassment of the worker’s family, and sexual threats against Raffensperger’s wife. “Stop inspiring people to commit potential acts of violence,” Sterling pleaded, addressing Trump at a televised briefing. “Someone’s going to get shot. Someone’s going to get killed.”
That night, on Twitter, Trump posted a video of Sterling’s plea. He dismissed it. He accused Raffensperger and Kemp of knowing about, and refusing to uncover, “massive voter fraud.” The next day, in a speech recorded at the White House, he denounced both men again. And at Wednesday’s rally in Georgia, Wood and Powell, accompanied by Flynn, joined the attack. Wood accused Sterling of conspiring with China to manipulate the election. He demanded that Kemp and Raffensperger be thrown in jail. “We’re going to slay Goliath, the communists, the liberals,” he vowed. “Joe Biden will never set foot in the Oval Office.”
The Republican Party and its Senate nominees in Georgia, David Perdue and Kelly Loeffler, could have stood with democracy. They could have accepted Trump’s defeat and asked their supporters to unite behind the new president. Instead, they’ve embraced Trump’s lies and defiance. “We’re going to keep fighting until every illegal vote is thrown out,” Vice President Mike Pence pledged at a rally for Loeffler and Perdue in Georgia on Friday. He urged Republicans to “stand with” Trump in his challenges to the election, and he told the crowd—in a gesture of support for claims of Democratic cheating—“We’re on ’em this time.” This isn’t a party of law and order. It’s a party of civil war.

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