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FOCUS: Trump Is the Worst Kind of Socialist |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=51061"><span class="small">Bernie Sanders, The Wall Street Journal</span></a>
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Friday, 28 June 2019 11:07 |
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Sanders writes: "'America will never be a socialist country,' President Trump said as he launched his bid for re-election last week."
Sen. Bernie Sanders. (photo: Mark Makela)

Trump Is the Worst Kind of Socialist
By Bernie Sanders, The Wall Street Journal
28 June 19
 merica will never be a socialist country,” President Trump said as he launched his bid for re-election last week.
That declaration was an effort to frighten Americans and undermine growing support for expanding Medicare and Social Security—two popular programs that have long been derided as “socialist.” Mr. Trump’s declaration hypocritically ignores that he and his Republican colleagues are the nation’s leading purveyors of an insidious form of corporate socialism, which uses government power and taxpayer resources to enrich Mr. Trump and his billionaire friends.
When we defeat Mr. Trump in this election, we are going to end his corporate socialism and use those resources to create a 21st Century Economic Bill of Rights that benefits all people.
Consider the corporate socialism we’ve seen on Wall Street, where the high priests of unfettered capitalism reign. As you will recall, Wall Street’s deification of “free markets” went out the window in 2008 as they watched the financial crisis caused by their own greed and illegal behavior threaten the existence of some of the largest financial institutions in the country. Suddenly, Wall Street became strong supporters of big-government socialism.
They begged the federal government for unprecedented taxpayer assistance, and Congress provided them with the largest bailout in history. The major banks received some $700 billion from the Treasury and trillions in low-interest loans from the Federal Reserve.
Meanwhile, working people all across the country lost their jobs, their homes and their life savings. The most vulnerable were hit the hardest, with the African-American community losing half its wealth.
That was not an aberration. The norm across the corporate world is what the Rev. Martin Luther King Jr. called “socialism for the rich, and rugged free enterprise capitalism for the poor.”
If you are a fossil-fuel company, whose carbon emissions are destroying the planet, Mr. Trump and congressional Republicans offer billions in government subsidies, including special tax breaks, royalty relief and funding for research and development. But if you are struggling to pay your utility bill, you get the free market—higher and higher electric bills.
If you are a pharmaceutical company, you make huge profits on patent rights for medicines that were developed with taxpayer-funded research. But if you are a taxpayer, you get the free market and pay the highest prices in the world for prescription drugs—and in some cases you die because you cannot afford the medication you need.
If you are a monopoly like Amazon, owned by the wealthiest person in the U.S., you get hundreds of millions of dollars in economic incentives from taxpayers to build warehouses, yet you end up paying not one penny in federal income taxes. But if you are a small business that falls behind on your store’s rent, you get the free market—which means you get an eviction notice.
If you are the billionaire Walton family, state and local governments grant you free land and subsidies and build infrastructure for your stores, even as Walmart ’s tax-avoidance schemes drain local towns of public revenues. But if you are a Walmart worker, you get the free market—which means starvation wages.
If you are the Trump family, you got $885 million worth of tax breaks and subsidies for your family’s housing empire, which was built on racial discrimination. But if you are a homeowner struggling to pay your mortgage, you get the free market—which means foreclosure.
The time is long overdue for the U.S. to end corporate socialism for Mr. Trump and the rest of the billionaire class. Instead, those resources should be put to work to ensure shared prosperity by enhancing Social Security and Medicare and investing in roads and bridges, public schools, clean water and clean air.
Mr. Trump believes in corporate socialism to protect the wealth and power of the rich. I believe the U.S. must end corporate socialism and instead fulfill President Franklin D. Roosevelt’s vision of enshrining basic economic rights for all Americans. These include the rights to health care, a living wage, a decent job, a quality education, a secure retirement, affordable housing and a clean environment. We can make this 21st Century Economic Bill of Rights a reality with initiatives like Medicare for All, a $15 minimum wage, a Green New Deal, student-debt cancellation and legislation to expand Social Security.
I recognize that this agenda will face enormous opposition from corporate America and the 1%. They have a vested interest in protecting the corporate socialism that has enriched and empowered them. The wealthiest three families now own more wealth than the bottom half of the country, and they will do everything they can to block our agenda.
But more Americans are noticing the contradiction between coddled socialism for the rich and the destruction of opportunity for everyone else. I am confident that we will be able to build a grass-roots movement that will not only defeat Donald Trump in this election but finally create a government that works for all people, not just the billionaire class.

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10 Questions Congress Should Ask Mueller |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=46833"><span class="small">Barbara McQuade, The Daily Beast</span></a>
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Friday, 28 June 2019 08:37 |
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McQuade writes: "It's not just about Trump. We need to know more about Russia and more about Barr."
Robert Mueller. (photo: Chip Somodevilla/Getty)

10 Questions Congress Should Ask Mueller
By Barbara McQuade, The Daily Beast
28 June 19
It’s not just about Trump. We need to know more about Russia and more about Barr.
ow that two congressional committees have subpoenaed Special Counsel Robert Mueller to testify, what are the key questions for him? Mueller will appear on July 17 to testify before the House Judiciary and Intelligence Committees in open and closed sessions. Here are some questions for the committees to ask.
1. What do we need to know to safeguard our elections from Russia in the future?
Mueller’s most important conclusion in his report was that Russia interfered with our election in “sweeping and systematic fashion.” What are the lessons learned about its social media propaganda campaign and hacking operation that we could use to disrupt such efforts in the future?
The report also states, “Victims included U.S. state and local entities, such as state boards of elections (SBOEs), secretaries of state, and county governments, as well as individuals who worked for those entities. The GRU also targeted private technology firms responsible for manufacturing and administering election-related software and hardware, such as voter registration software and electronic polling stations.” Did the attack impact the outcome of the election? What steps should we take to harden our election infrastructure? Classified aspects of the investigation can be addressed during the closed session.
Mueller’s report states that President Trump attempted to have then-Attorney General Jeff Sessions reverse his decision to recuse himself from the investigation and publicly announce that the investigation would focus on future elections only. If Trump had been successful, he would have prevented Mueller from learning about how Russia attacked our presidential election in 2016. What lessons about the attack that would remain unknown if this attempt to obstruct the investigation had been successful?
2. What were the key findings of your investigation?
During his press remarks, Mueller said that his report is his testimony, but it is clear that many people have not read or absorbed the substance of his report. His testimony is an opportunity to inform the public about some of his key findings. Even if he merely highlights some of his factual determinations, his testimony will raise public awareness about hundreds of links between Russia and the Trump campaign and obstructive conduct to conceal them. Attorney General William Barr seized the narrative when he published his own summary of the report three weeks before its public release, and announced that the special counsel found no “collusion” during his public remarks on the day the report was released, parroting Trump’s terminology.
In fact, the report describes troubling incidents of communicating with Wikileaks about the release of stolen email messages, sharing polling data with Russian intelligence, meeting with Russians for the purpose of receiving “information and documents that would incriminate Hillary” Clinton as “part of Russia and its government’s support for Mr. Trump,” among others. Mueller’s description of these events would raise public awareness of these incidents. While these acts may not have amounted to the technical crime of conspiracy, they demonstrate a lack of loyalty to the United States that should trouble every American.
3. How was your investigation impeded?
While Barr has stated that the White House was “fully cooperative with the Special Counsel’s investigation,” Mueller’s report tells a different story about members of the Trump campaign and Trump himself. He wrote that “the investigation established that several individuals affiliated with the Trump Campaign lied to the Office, and to Congress, about their interactions with Russian-affiliated individuals and related matters. Those lies materially impaired the investigation of Russian election interference.” He further noted that some witnesses provided incomplete information, deleted text messages, and used encrypted messaging apps that prevented Mueller from discovery all relevant information. Trump himself refused to sit for an interview. Other witnesses invoked their Fifth Amendment rights against self-incrimination, and while they have a constitutional right to do so, they cannot accurately be described as “fully cooperative.”
4. What were the “gaps” in your investigation?
Mueller wrote that in light of these “identified gaps,” in the evidence, “the Office cannot rule out the possibility that the unavailable information would shed additional light on (or cast in a new light) the events described in the report.” Uncooperative witnesses, legal privileges and documents and witnesses located overseas, beyond the reach of grand jury subpoenas, impeded the investigation, according to the report. What questions remain as a result of these gaps in the evidence?
“Did Barr ask you to end the investigation before you thought it was ready?”
For example, the report says that one area that Mueller’s team was unable to fully understand was the sharing of polling data by former campaign chair Paul Manafort to Konstantin Kilimnik, whom the FBI assesses is connected to Russian intelligence. The polling data included information about Michigan, Wisconsin, and Pennsylvania, three states in which Trump won upset victories on election night. Mueller could point the committees toward a path for obtaining information to fill those gaps in his investigation.
5. Why did Mueller not pursue an in-person interview of Trump?
Mueller attempted unsuccessfully to arrange for an interview with Trump for more than a year. He wrote that an interview of Trump was “vital” to his investigation, and “in the interest of the Presidency and the public for an interview to take place.” Trump refused to participate in an interview and instead submitted responses to written questions. Even then, he responded only to questions about conspiracy, refusing to answer questions about obstruction. More than 30 times, Trump responded that he did not recall or remember. Mueller’s report describes these responses as “inadequate,” “incomplete” and “imprecise.” Why did he let Trump off the hook?
6. Did Barr ask you to end the investigation before you thought it was ready?
Mueller investigated for 21 months before Barr became attorney general. Three weeks later, the investigation ended. Barr was Trump’s nominee for attorney general after he fired Sessions and complained that he wanted an attorney general who could protect him. Last year, Barr sent an unsolicited memo to the Department of Justice, expounding a legal theory that a sitting president can never obstruct justice as a matter of law, a theory that Mueller rejected.
Mueller ended his investigation even though 14 investigations remained ongoing, the president was not interviewed, the trial of Roger Stone had not occurred, and grand jury matters involving Stone associate Andrew Miller and an undisclosed foreign entity remained unresolved. Why did he end the investigation without completing those tasks? Were there other tasks he would have liked to have completed?
7. Why did you send a letter to the attorney general stating that his letter “did not fully capture the context, nature, and substance of this Office’s work and conclusions.”
Barr’s initial letter stated that “[T]he investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities.” Barr omitted the first part of that sentence from Mueller’s report, which stated, importantly, “Although the investigation established that the Russian government perceived it would benefit from a Trump presidency and worked to secure that outcome, and that the Campaign expected it would benefit electorally from information stolen and released through Russian efforts…”
What did you have in mind when you wrote the letter to Barr? What aspects of the context, nature, and substance of his work and conclusions did Barr’s letter fail to capture?
With regard to obstruction of justice, Barr’s letter stated that Mueller “leaves it to the Attorney General to determine whether the conduct described in the report constitutes a crime,” and then concluded that it did not. Did Mueller intend to leave it to the attorney general to decide or did he have something else in mind when he said he did not want to “preempt constitutional processes for addressing presidential misconduct” (that is, impeachment)?
8. You wrote that you were bound by the DOJ opinion that a sitting president cannot be charged, but you sought to “preserve the evidence.” What are all of the purposes for preserving evidence?
Mueller wrote that other individuals could be charged, and, in fact, were charged. He also wrote that a president can be charged after he is no longer in office. Did he also preserve the evidence so that the information could be used by Congress to pursue impeachment?
9. If Trump were not a sitting president, do you believe that the evidence would amount to a crime of obstruction of justice?
Mueller’s report describes ten separate episodes of obstructive conduct. The essential elements of obstruction are an obstructive act, a nexus to an official proceeding, and a corrupt intent. He found “substantial evidence” for each and every element with regard to four of those episodes–directing White House Counsel Don McGahn to fire Mueller, asking McGahn to falsely deny reports about that order and to create a false document consistent with the false denial, asking Corey Lewandowski to direct Sessions to reverse his recusal decision and then limit the investigation to future elections and attempting to influence the testimony of witnesses. Mueller wrote that his report did not “conclude that the President committed a crime,” but “it also does not exonerate him.” Mueller believed that because a sitting president could not be charged, fairness required that he not even accuse Trump of a crime. But 1,000 former federal prosecutors have signed a letter stating that if they had seen this behavior committed by any other person, they could conclude that the crime of obstruction of justice had been committed. Does Mueller agree?
10. Have you seen anything about the predication for the case that causes you to believe that it is necessary to investigate the investigators?
Barr has stated that he believed that “spying” on the Trump campaign occurred, that he has “not gotten answers that are … satisfactory” and that some of the facts that he has learned “don’t hang together with the official explanation of what happened.” Did Mueller see anything in his work to suggest that there is merit to Barr’s criticisms? Was the FISA process abused in any way? To what extent was the Steele dossier relied upon? Was any reliance inappropriate? Has the dossier been discredited or verified?

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Debate Viewers Struggle With Concept of President Without Glaring Personality Disorder |
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Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=9160"><span class="small">Andy Borowitz, The New Yorker</span></a>
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Thursday, 27 June 2019 13:04 |
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Borowitz writes: "Millions of viewers of a televised debate Wednesday night found themselves struggling with the notion of a President with no visible personality disorder."
Democratic presidential candidates. (photo: Jayme Gershen/Getty)

Debate Viewers Struggle With Concept of President Without Glaring Personality Disorder
By Andy Borowitz, The New Yorker
27 June 19
The article below is satire. Andy Borowitz is an American comedian and New York Times-bestselling author who satirizes the news for his column, "The Borowitz Report." 
illions of viewers of a televised debate Wednesday night found themselves struggling with the notion of a President with no visible personality disorder.
In interviews across the country, viewers said that they were having difficulty imagining a President who does not display flagrant signs of malignant narcissism, impulse-control deficit, or rampant paranoia.
“I kept trying to picture whether any of these people would be capable of insulting another country on Twitter to compensate for his or her own pathological sense of inadequacy,” Harland Dorrinson, who lives in Akron, Ohio, said. “None of them showed me that they have what it takes to do that.”
“A President should be ready, at a moment’s notice, to ridicule another person’s face,” Carol Foyler, of Nashville, said. “I didn’t see one person on that stage who seemed up to that task.”
Tracy Klugian, who lives in San Diego, said he was taken aback by the candidates showing off their language proficiency. “Every one of them was fluent in English,” he said. “For a President, that would be jarring.”

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It Was a Terrible Day for Democracy in the Supreme Court |
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Thursday, 27 June 2019 13:04 |
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Millhiser writes: "The Supreme Court handed down two opinions on Thursday which could shape American democracy for decades."
Supreme Court Justices. (photo: Doug Mills/Getty)

It Was a Terrible Day for Democracy in the Supreme Court
By Ian Millhiser, ThinkProgress
27 June 19
Don't let the census case fool you.
he Supreme Court handed down two opinions on Thursday which could shape American democracy for decades.
The first, Rucho v. Common Cause, held that suits challenging partisan gerrymanders are entirely beyond the power of the federal courts to adjudicate. Henceforth, state lawmakers may draw the most aggressively partisan gerrymanders they (and their computers) can come up with. They may draw, as Wisconsin did, a gerrymander so impervious to democracy that Republicans win nearly two-thirds of the state assembly seats even in an election where they won 54% of the popular vote.
And the entire federal bench must sit on its hands and allow this to happen.
The second decision, Department of Commerce v. New York, involves a racist conspiracy by the Trump administration to rig the 2020 census in a way that would discourage many immigrants from participating. The apparent goal of this conspiracy, as one Republican map-drawer revealed in files discovered after his death, is to allocate congressional seats in a way that “would clearly be a disadvantage to the Democrats” and “advantageous to Republicans and Non-Hispanic Whites.”
New York effectively tells the Trump administration it must come up with a better explanation for why it sought to rig the census.
Rucho, in other words, is a catastrophic loss for democracy. It entrenches the ability of state lawmakers to lock their party into power through creative map-making. And New York is the tiniest of victories for the rule of law. It erects a new road block in front of the Trump administration’s effort to promote white rule, but it isn’t even clear that this road block will prove insurmountable.
Chief Justice John Roberts wrote both opinions. His opinion in Rucho was joined by his Republican colleagues and none of the Supreme Court’s Democrats. The vote breakdown in New York, meanwhile, is a bit of a mess. But on the crucial question of whether the census can be rigged right now, Roberts was joined by the four Democratic justices.
Gerrymandering
Rucho rests on something known as the “political question doctrine,” which essentially says that there are some acts that may violate the Constitution but are beyond the power of the judiciary to determine whether such a violation occurred. One example of a political question is when there are no “judicially discoverable and manageable standards for resolving” a particular question. In Rucho, Roberts writes that political gerrymanders fall into this category.
The core of Roberts’ reasoning is that it is illegitimate for courts to require states to draw legislative maps where the electoral results are roughly proportional to the will of the voters. “Our cases,” Roberts writes in a passage quoting retired Justice Sandra Day O’Connor, “clearly foreclose any claim that the Constitution requires proportional representation or that legislatures in reapportioning must draw district lines to come as near as possible to allocating seats to the contending parties in proportion to what their anticipated statewide vote will be.”
“Partisan gerrymandering claims,” Roberts writes, “invariably sound in a desire for proportional representation.”
This statement is inaccurate. The phrase “proportional representation” suggests that legislative representation should closely track electoral results. So if Democrats win 54% of the vote, they should receive close to 54% of the seats in the legislature. But that’s not at all what many anti-gerrymandering advocates demand.
Rather, many of these advocates developed sophisticated mathematical models that sniff out asymmetric legislative maps. A map is symmetric if it produces roughly the same results regardless of which party performs well in a given election. Thus, a symmetric map may give Democrats 65% of the seats in an election where they win only 54% of the vote, but that’s okay if Republicans would also receive 65% of the seats in an election where they performed just as well.
Fairness in elections, in other words, does not necessarily flow from perfect proportionality. It can flow from maps that simply aren’t rigged to favor one party or the other.
Having botched the math, Roberts also engages in an extraordinarily formalized reading of the Constitution’s text. “There is no ‘Fair Districts Amendment’ to the Federal Constitution,” he writes at one point. So federal courts should not be in the business of deciding which maps are fair.
Roberts is correct that there is no language in the Constitution that speaks with this degree of specificity. But the Constitution does prohibit states from denying anyone “equal protection of the laws,” a passage the Supreme Court’s understood to prevent many unfair redistricting practices for many years.
Likewise, the First Amendment prohibits viewpoint discrimination, and that’s exactly what gerrymandering does. Gerrymandering is a way to ensure that voters who agree with one party receive more favorable treatment than voters who agree with the other party. And it’s worth noting that Roberts is quite willing to read the First Amendment in expansive and ahistorical ways when corporations ask for the right to spend unlimited sums of money to influence elections.
The Census
Not long after handing down this crushing blow to opponents of gerrymandering, Roberts handed down a far more parsimonious victory to voting rights advocates fighting Trump’s efforts to rig the census.
The issue in New York is whether the Department of Commerce could add a question to the 2020 census asking whether each respondent is a citizen. Census experts across both political parties warned against including this question because, as top census officials from the Reagan and Bush I administrations warn, asking such a question “could seriously jeopardize the accuracy of the census,” because “people who are undocumented immigrants may either avoid the census altogether or deliberately misreport themselves as legal residents.” Meanwhile, legal residents “may misunderstand or mistrust the census and fail or refuse to respond.”
The Census Bureau itself “calculated in January 2018 that adding a citizenship question to the 2020 census was likely to lead to a 5.1% differential decrease in self-response rates among noncitizen households.”
This matters because the Fourteenth Amendment provides that, “representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state, excluding Indians not taxed.” Thus, with rare exceptions, every person within a state counts towards that state’s representation in the U.S. House — regardless of that person’s immigration status.
A citizenship question, in other words, would reduce representation in states with many immigrant residents — a population that is disproportionately likely to be Hispanic — and increase representation for non-Hispanic whites. And, of course, non-Hispanic whites are especially likely to vote for Republicans.
Roberts’ New York opinion rejects many legal arguments against Commerce Secretary Wilbur Ross’ decision to overrule his own experts and place the citizenship question on the 2020 census form. The Chief denies, for example, that the question should be removed because Ross failed to comply with a federal law requiring Congress to be given three-years advance notice of “the subjects proposed to be included, and the types of information to be compiled,” in the census.
Nevertheless, in the crucial section of the New York opinion, Roberts holds that there is enough evidence that Ross’ stated reason for adding the citizenship question is a pretext.
As a general rule, when an agency engages in policy-making it must explain the reasoning behind its policies. Here, the Commerce Department claimed it was adding the citizenship question because doing so would help the Justice Department enforce the Voting Rights Act.
Yet, despite this claim, the evidence “showed that the Secretary was determined to reinstate a citizenship question from the time he entered office; instructed his staff to make it happen; waited while Commerce officials explored whether another agency would request census-based citizenship data; subsequently contacted the Attorney General himself to ask if DOJ would make the request; and adopted the Voting Rights Act rationale late in the process.” This evidence suggests that “the Secretary had made up his mind to reinstate a citizenship question ‘well before’ receiving DOJ’s request, and did so for reasons unknown but unrelated to the VRA.”
Ross’ mistake, in other words, is that he almost certainly lied about why he wanted the citizenship question. And that’s enough to invalidate this particular effort to add such a question to the census.
Yet, while that is a victory for voting rights, it is an extraordinarily narrow one. Roberts emphasizes that “we do not hold that the agency decision here was substantively invalid.” Rather New York‘s holding is that “agencies must pursue their goals reasonably,” and “reasoned decisionmaking under the Administrative Procedure Act calls for an explanation for agency action.” Instead, “what was provided here was more of a distraction.”
The result is that the Commerce Department will get another chance to explain its reasoning — though whether it is willing to admit the real reason why it wants a citizenship question is an open matter, as is the question of whether they can do so quickly enough to meet the deadline to print the 2020 forms.
In any event, Rucho and New York both fit within a pattern common to the Roberts Court. When the court’s Republicans wish to move fast and hard on a particular issue, they hand down sweeping opinions that fundamentally remake American law. When they hand victories to liberals, by contrast, their decisions tend to be very narrow and offer little relief to future litigants.
So raise a glass to the 2020 census, which may not be poisoned by a transparently racist effort to rig elections. But today is not a good day for democracy.

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