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Trump Fixed Nothing: His New Executive Order Traded Family Separation for Indefinite Detention Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=38548"><span class="small">Mark Joseph Stern, Slate</span></a>   
Thursday, 21 June 2018 08:40

Stern writes: "On Wednesday, Donald Trump announced that he would end his administration's practice of separating families at the border after denying for weeks that he had the power to do so. Trump did not direct Attorney General Jeff Sessions to halt his 'zero tolerance' policy, which requires the prosecution and imprisonment of immigrant parents and created the crisis in the first place. Instead, he issued an executive order that would allow the indefinite detention of immigrant families together."

A migrant family outside of the port of entry in Tijuana, Mexico, on Monday. (photo: Sandy Huffaker/Getty)
A migrant family outside of the port of entry in Tijuana, Mexico, on Monday. (photo: Sandy Huffaker/Getty)


ALSO SEE: Trump's Family Separation Order Does
Nothing for Families He Already Broke Up

Trump Fixed Nothing: His New Executive Order Traded Family Separation for Indefinite Detention

By Mark Joseph Stern, Slate

21 June 18


By trading the policy of family separation for one of indefinite detention, the president has only deepened the legal and moral crisis.

n Wednesday, Donald Trump announced that he would end his administration’s practice of separating families at the border after denying for weeks that he had the power to do so. Trump did not direct Attorney General Jeff Sessions to halt his “zero tolerance” policy, which requires the prosecution and imprisonment of immigrant parents and created the crisis in the first place. Instead, he issued an executive order that would allow the indefinite detention of immigrant families together. This action may be preferable to the barbaric tactic of snatching children from their parents—but it is also illegal, and could lead Trump to return to tearing families apart.

The detention of immigrant minors is limited by the 1997 Flores court settlement, which ended a long-running challenge to the government’s frequently inhumane treatment of immigrant minors. In Flores, the federal government agreed to hold undocumented children intercepted at the border “in facilities that are safe and sanitary” after intercepting them, and then to transfer these minors “to a non-secure, licensed facility” within five days of their arrest. During “an emergency or influx of minors,” the government need only release them “as expeditiously as possible.” (The courts have found that the U.S. currently faces such an influx.) Flores strongly favors family reunification. Whenever feasible, minors must be transferred to a parent, legal guardian, or adult relative (such as an aunt or grandparent). Otherwise, they may be transferred to “an adult individual or entity” designated by their parent or guardian, or to “a licensed program willing to accept legal custody.”

The Clinton administration negotiated the Flores settlement to deal primarily with unaccompanied immigrant minors—kids who arrive at the border without a parent or guardian. But in recent years, the government has seen a surge in accompanied immigrant minors. The Obama administration attempted to deal with this surge by detaining immigrant families together. In 2015, however, a federal court ruled that Flores also covered children who are accompanied by a parent, and held that, by detaining the children for extended periods of time, the government had “wholly failed” to comply with the agreement. The 9th U.S. Circuit Court of Appeals affirmed that ruling in 2016, concluding that Flores “unambiguously applies both to accompanied and unaccompanied minors.” But it added that the settlement “does not create affirmative release rights for parents.”

Therein lies the problem at the heart of Trump’s new policy. Flores compels the swift release of undocumented children to family members or noncarceral care facilities. Yet it does not prevent the government from continuing to detain these children’s parents. Trump and Sessions refuse to revoke “zero tolerance,” meaning parents will still be detained and prosecuted for illegal entry (a misdemeanor). Trump’s solution is to detain kids alongside their parents. And that clearly runs afoul of Flores.

The obvious solution here is to simply resume the Obama administration’s eventual policy of releasing immigrant families on bond. Despite Trump’s claims to the contrary, the vast majority of immigrants released on bond show up to court hearings, and their release resolves the many legal headaches incurred by indefinite detention. Most obviously, keeping families together and releasing them on bond would allow the government to easily comply with Flores. (The settlement does not require minors to be placed with citizens or lawful permanent residents.) The government would also be able to avoid class-action lawsuits seeking to vindicate immigrants’ fundamental right to family integrity and lawsuits alleging that indefinite detention infringes upon due process.

But the Trump administration refuses to take this route. Rather, in his order, Trump directs the attorney general to “promptly file a request” in court to “modify” Flores to permit the detention of “alien families together throughout the pendency of criminal proceedings.” This modification would undermine Flores by affirmatively authorizing the open-ended detention of immigrant minors—precisely the kind of traumatic incarceration that the settlement sought to avoid. At best, these children would be detained with their parents until the government located an individual or facility willing to take them into custody. But during an influx, Flores only directs the government to find a home for these children “as expeditiously as possible.” Courts have used a 20-day period as a rule of thumb, but in reality, the process can take months. And it still ends with the separation of children from their parents, who will remain in detention after their children are released.

The likeliest scenario, then, is pretty bleak. Immigration advocates will reject this subversion of Flores, the courts will rule that immigrant children must be released, and the zero-tolerance Trump administration will quite possibly respond by returning to family separation. Parents will again be detained by themselves, their children will be sent to “shelters” that operate like prisons, and everyone else will be back to where they started. Trump’s stopgap policy, then, fails to resolve the issue driving this crisis: The Justice Department’s insistence on prosecuting every undocumented immigrant to the full extent of the law, even those who committed a mere misdemeanor by entering the country without authorization. It is a crisis that the president concocted, and one that—in spite of Wednesday’s half-measure—he still refuses to end.


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The Supreme Court's Gerrymandering Decision Could Have Been Much Worse Print
Wednesday, 20 June 2018 13:33

Toobin writes: "Here's a safe rule of thumb for news developments in the Trump era: it's almost always worse than you think. But the Supreme Court's decision on Monday in Gill v. Whitford, the case about partisan redistricting in Wisconsin, provides a modest exception to the rule."

It will probably take another year or so for a reworked gerrymandering case to make its way back to the Supreme Court. (photo: Tom Williams/Getty)
It will probably take another year or so for a reworked gerrymandering case to make its way back to the Supreme Court. (photo: Tom Williams/Getty)


The Supreme Court's Gerrymandering Decision Could Have Been Much Worse

By Jeffrey Toobin, The New Yorker

20 June 18

 

ere’s a safe rule of thumb for news developments in the Trump era: it’s almost always worse than you think. But the Supreme Court’s decision on Monday in Gill v. Whitford, the case about partisan redistricting in Wisconsin, provides a modest exception to the rule. The Court’s unanimous resolution of the case, on procedural grounds, does not by any means solve the problem of gerrymandering, but it offers a measure of hope that the Justices could still attempt a solution in the near future. (The Court came to a similar unanimous ruling on Monday in a second case, from Maryland, Benisek v. Lamone.)

For almost a generation, the Justices—well, one Justice in particular—have been struggling with the question of gerrymandering. During that time, a rotating cast of four liberals has found the practice unconstitutional, and four others have said that it was permissible. Anthony Kennedy, long the Court’s swing vote, has temporized. He has warned of the evils of politicians drawing district lines to advance their partisan goals: in a concurring opinion in 2004, Kennedy noted, with disgust, how one politician, in describing how his colleagues drew lines, boasted, “We are in the business of rigging elections.” Yet, in each case, including the one decided on Monday, Kennedy had declined to prohibit the practice outright.

Chief Justice John Roberts wrote the opinion in Gill, and it was an obvious compromise in order to draw the votes of all nine Justices. Roberts dodged the substantive issue at the heart of the case by rejecting the plaintiffs’ claims on procedural grounds. In short, the plaintiffs in Wisconsin claimed that the gerrymander by the state legislature had harmed their interest “in their collective representation in the legislature,” and in influencing the legislature’s over-all “composition and policymaking.” Roberts said that the Constitution did not protect such vague, general rights; the plaintiffs had to assert a more specific legal injury in order to have their claim heard on the merits.

But Roberts also gave the plaintiffs a road map for how to rework their claims in such a way that the courts would hear them. He said that, even if plaintiffs could not demand statewide relief, they could ask for the district lines where they lived to be changed. If lawyers for the plaintiffs recruit enough individuals in enough districts, they could, effectively, seek statewide relief in the form of new lines. Those directions have the feel of procedural make-work—and that’s what the decision is, in part—but the fact remains that the anti-gerrymandering cause is still alive. (After the decision was handed down, Paul Smith, the lead lawyer for the plaintiffs in Gill, told me that his group, the Campaign Legal Center, would turn now to recruiting more plaintiffs in accord with the suggestions in Roberts’s opinion.)

It will probably take another year or so for the reworked case to make its way back to the Supreme Court. There the issue will wind up more or less where it’s been for years—in the hands of Kennedy. That, of course, presupposes that Kennedy, who is now eighty-one, will still be on the Court by then. No one knows for sure whether he will be—there are constant rumors that he will retire—but the fact that he signed onto the delay in the resolution of this case may be a hint that he’s planning to stay around, at least for another year. Kennedy plainly relishes his place at the center of the Court, and he does appear reluctant to walk away from a position of such power.

In many respects, the most interesting opinion in the Gill case was the concurrence written by Justice Elena Kagan, who also took it upon herself to instruct the plaintiffs in greater detail about a variety of ways in which they could satisfy the Court’s concerns. True, Kagan’s opinion spoke only for herself and for the three other liberals who signed onto it (Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor), but her guidance on the need to recruit plaintiffs in each legislative district could speed the return of the case to the Court—and, perhaps, help the plaintiffs win once they get there.

The delay in any real resolution of the gerrymandering issue, however, raises the already high stakes in the 2018 midterm elections. The governors and the legislators elected this fall will determine how the federal and state district lines will be set after the 2020 census, and those district lines might well be in place for the next decade. Democrats have suffered for years from the aftermath of the 2010 Republican landslides, and the Party hopes to return the favor this fall, but this decision deals the Democrats another setback. The Court keeps punting on a final resolution, but the election cannot be put off past November.


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FOCUS: Rachael Maddow Fights Back Tears When Reading That Trump Announced it Had Set Up "Baby Jails" Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=35918"><span class="small">Michael Moore, Michael Moore's Facebook Page</span></a>   
Wednesday, 20 June 2018 12:03

Moore writes: "In the final minute of her show Tuesday night, Rachel Maddow is handed a news bulletin. She begins to read it and can’t finish it. She is fighting back her tears and abruptly ends the show."

Filmmaker Michael Moore. (photo: The New York Times)
Filmmaker Michael Moore. (photo: The New York Times)


Rachael Maddow Fights Back Tears When Reading That Trump Announced it Had Set Up "Baby Jails"

By Michael Moore, Michael Moore's Facebook Page

20 June 18

 

n the final minute of her show Tuesday night, Rachel Maddow is handed a news bulletin. She begins to read it and can’t finish it. She is fighting back her tears and abruptly ends the show. The bulletin was the Trump administration announcing it has set up three “baby jails” (or what they call it in Orwell-speak, “tender age shelters”), where Homeland Security has incarcerated the babies that have... been taken from their mothers who came to the US seeking asylum. Reading on the air this viscous, vulgar piece of news, news that is read only in totalitarian states, was too much for Rachel to bear. Not because she is weak or sensitive or emotional (each of us are hopefully all of those things). I believe that the impenetrable conscience and the unbreakable soul that she possesses literally prevented her from reading those abominable words aloud in a free country over a medium that is supposed to still represent what is left of a free press. To her very bones she was simply incapable of uttering the lowliest hate one could ever repeat — that is, the kind of hate that announces the harming of a child, of a baby. Rachel Maddow, our brave, brilliant oracle of truth, involuntarily refused to give Trump’s orders to the masses. Her entire being refused to be a participant in the Leader’s desire to let everyone know it’s his nation, not ours, and he’ll do whatever he damn well pleases, even to an infant. Well, not on Rachel’s show Tuesday night. His vile decree was not announced. She would rather leave the frame of the camera than be a tool. Rachel, we cry those tears with you. And like you, we will rise in the morning and do what we need to do to reclaim this country. I know you, and I know you must feel awful about how you, on live TV, were overcome because of the responsibility you carry on your shoulders. Well, you and I and millions of other know just how strong you are and how you are a ROCK for everyone during these dark times. This was the primal scream/cry/revulsion we all needed in this moment. Thank you. We embrace you, we hold you high, we have your back. And as a great writer once said, “A huckster from Queens shall not, can not, bring down this great land!”


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FOCUS: As the DNC Adopts New Rules Seemingly Targeting Future Bernies Print
Wednesday, 20 June 2018 10:24

Taibbi writes: "There's more at stake in these primaries than the November elections. The whole way the parties do business is in play."

Democratic gubernatorial hopeful Cynthia Nixon (C) talks to reporters. (photo: Justin Lane/EPA-EFE/REX/Shutterstock)
Democratic gubernatorial hopeful Cynthia Nixon (C) talks to reporters. (photo: Justin Lane/EPA-EFE/REX/Shutterstock)


As the DNC Adopts New Rules Seemingly Targeting Future Bernies

By Matt Taibbi, Rolling Stone

20 June 18


As the DNC adopts new rules seemingly targeting future Bernies, how do local candidates battle money and party control?

ave Clegg, the Woodstock-based trial lawyer who's running for the seat in New York's 19th district, tells a story about going to Washington for a Democratic Congressional Campaign Committee training session on how to run for congress.

"Nancy Pelosi comes in," he remembers. "A bunch of congressmen come in and tell their stories: 'This is how I did it. I would get on the phone and do it eight hours a day, call people, and this is how I made it fun.'"

Clegg's DCCC experience sounds like someone rushing a frat and figuring out halfway through the process that he's already been rejected. The attorney had worked in the district for 37 years, and had a long record of fighting for social justice causes, but quickly realized he wasn't the DCCC's type.

"I sound good in terms of my background and everything," he says. "But [they ask], 'Who's behind you, who's supporting you?'" Or: "Who's your godmother or godfather?"

Clegg, a literal Boy Scout – the one criticism I've heard of him is that he's not mean enough for politics – says the message he received in Washington was loud and clear.

"Get in a room, get as much money as you can. That's how you run a congressional election," he says, recounting the DCCC's advice. "The best time you have is spending seven, eight, ten hours a day making phone calls to get money."

That wasn't the party's only message, of course.

Clegg says they talked about "how Democrats need to get a new way of communicating with the working class people."

How they were supposed to find that working class message while spending all day fundraising was less clear, but, in Clegg's telling, it was at least a party priority.

Kinderhook is home to one of the local offices of boorish cookie-cutter incumbent Republican congressman John Faso, who, among other things, is notorious for having a PAC supported by the Mercer family. "Faso Fridays," protesting the Republican's tenure, have turned into regular gatherings for local progressives.

The 64-year-old Clegg, who has been on a three-day, 200-mile bicycle trip en route to this particular campaign stop (he began in Cooperstown and has 40 more miles to go), addresses the crowd in shorts and a yellow cycling jersey, his forehead sweating.

He speaks briefly, talking about problems small farmers in the district have had. He blasts Faso for supporting the 2018 Farm Bill, which cuts some subsidies for small and organic farmers, but also includes a loophole that would make it easier for wealthy companies to receive other subsidies.

"The farm bill is something that is just an example of how the corporate powers that be are taking our tax money," Clegg says, to applause. "We have to change that."

If the Democrats were looking for a crossover candidate to push a working-class message in a lost district like New York's 19th – one of many around the country that switched from Obama to Trump – Clegg would seem superficially to make sense.

He has extensive local ties and doesn't need to be taught the working-class message they claim to be looking for. Hell, he's even religious.

But Clegg didn't get to pledge the DCCC frat, and the reason is obvious: funding. If you don't come in the door with your pockets full, your only other way in, almost regardless of policy or background, is to prove you can bring in ass-loads of outside cash.

"That's what they tell you – that you need money to win, that it's all about the money," Clegg says.

Fellow 19th candidate Brian Flynn tells the same story about the DCCC seminar that Clegg does, but with a twist. He says he was advised to keep dialing for dollars even if he had enough money already.

"I said, 'I got a question for ya," he recalls. "Let's say I got a million, million-and-a-half bucks. I think that's enough to win the primary. What should I do with my time?"

The answer, he says he was told, was to keep on the phones. "They said, 'You should definitely do more call time. There's never enough money.'"

Flynn, by all accounts, is campaigning hard throughout the district and not relying on ad buys. Along with Akin Gump attorney Antonio Delgado and cyber surveillance contractor Pat Ryan, the former Citibank executive is one of the three most heavily funded candidates, but seems to be trying to run to the left of the other two. Among other things, he is the only one of the three claiming to support Medicare-for-all (though he has said he won't vote for the current House version).

But Flynn recently stepped in a cow-pile of viral-meme proportions, ripped by national conservative media for denouncing the wealth gap while wearing a $9,000 Rolex.

The National Republican Campaign Committee even highlighted a Flynn mailer showing him saying, "Billionaires and corporations have rigged the system against us" while standing in standard rolled-sleeves-and-folded-arms serious-pol pose. The watch is so prominently displayed, it looks like a product-placement centerfold. "Nice bling!" the NRCC cracked.

That, and a 2011 essay he wrote for CNN decrying the ineffectiveness of the Occupy Movement – he described the protesters as angry children gobbling up "free cookies" while failing to grasp that "Wall Street employees are not to blame for our financial problems" – will make it deservedly tough for Flynn to play the populist card going forward. The watch alone has Daily Show-level crossover punch line potential.

The logic behind the all-fundraising, all-the-time model of campaigning is that, particularly in geographically large districts, mass-media messaging and paid door-knockers are the only ways to hit the requisite number of eyeballs.

Ads and paid canvassers cost money, and big business is the only real source of it. Also, the reasoning goes, if you don't take that money, the Republicans surely will.

Call it the rule of Walter Mondale, whose landslide loss to Reagan in 1984 caused the Democrats to abandon the party's financial dependence on labor unions and seek literally greener fundraising pastures: Whatever money you don't accept becomes an advantage for the other side.

The post-Mondale funding influx helped the party rebound and elect candidates like Bill Clinton. But it also pushed the party into policies like NAFTA, welfare reform and financial and environmental deregulation that put it in direct conflict with its natural constituents. Those contradictions are showing today.

The fundraising model comes with another cost. As boxing writers say, styles make fights. As more money is raised, campaigns drift into familiar patterns.

Front-runners hit the streets less, but pop up in mailers or on the airwaves more. Positions become more vague. As politicians become more seen, they become less accessible.

This pattern is one reason Democrats lost so much ground – as many as 1,000 seats nationally – during the Obama years. The losing candidate who de-emphasizes the trail but shows up for fundraisers has become a dependable cliché of recent party lore.

Another is the increasingly exclusive bent of the DNC-DCCC priesthood. Instead of using primaries as forums to explore new ideas and ideologies, the party keeps tightening the rules of entry.

On that same Friday, June 8th, when Clegg gave his speech in Kinderhook, the DNC made a change to its bylaws.

The change said all Democratic presidential candidates must be members of the Democratic Party, pledge to accept the party's nomination if chosen and also promise to "run and serve" as a party member.

This was pitched in the media as a shot at Bernie Sanders. But it was really about changes in the political landscape extending beyond the socialist bogeyman.

In the last few years, the bureaucracies of both the Republican and Democratic parties have seen serious challenges to their authority.

Republicans were rocked first by the Tea Party, then by the Trump campaign, which from the start was aimed as much at the "bloodsucker" Republican establishment as it was at Democrats. Trump mocked the $100 million spent on "bottom of pack" Jeb Bush, then beat Clinton despite being outspent 2-1 and having, at various points, five or six times fewer paid staffers.

Democrats are suddenly also dealing with internal challenges from candidates who are pointing fingers at the party's traditional funding sources. The 2016 Sanders run was just the loudest.

In New York, actress Cynthia Nixon is challenging incumbent Governor Andrew Cuomo, whom she has bashed as an "establishment" gobbler of corporate money. (Cuomo has raised over $30 million, mostly from large donors.)

Nixon's rhetoric sounds a lot like that of Clegg or fellow candidate Jeff Beals, aimed at the question of corporate support.

"It's not just about getting more Democrats in office, but about getting better Democrats," Nixon said in a speech this campaign season. "Ones accountable to voters, not corporate donors."

Nixon's run prompted the Working Families Party, which historically backs the Democratic line, to dump Cuomo and endorse her. This follows a trend of alternative political organizations moving out of the fringes and becoming legitimate challengers within the Democratic orbit.

All over the country, races are being influenced by groups like Working Families, the Democratic Socialists of America, the Justice Democrats and Our Revolution, which has successfully backed a number of LGBTQ candidates and women of color.

The victories are not huge in number. Still, these groups have unseated a few traditional party favorites.

These include last month's congressional primary win of single-payer advocate Kara Eastman (who defeated DCCC favorite Brad Ashford), the primary win of Idaho gubernatorial candidate Paulette Jordan (in line to become the first Native American governor), and the primary wins of two Democratic Socialists in Pennsylvania state house races.

A lot of these races have been inaccurately described as being all about Sanders. Frankly, the run of Sanders himself was inaccurately described as being all about Sanders. The national media is so used to focusing on personalities that it often fails to see that movements can precede politicians.

The real story, for years now, has been an erosion of support for the political system in general.

Disillusionment allowed Trump to steamroll Republican opponents and leave his party disfigured in Harvey Dent/Two-Face fashion. On the Democratic side, the same sentiment made millions of voters more receptive to an insurgent like Sanders, when the likes of Dennis Kucinich were tuned out previously.

How could two parties that are so far apart on key issues simultaneously experience revolts that are so similar in character?

Republicans and Democrats sell wildly different brands of politics (especially on social issues), but voters are sniffing out something similar: the method of campaigning.

Since the post-Mondale changes, Democrats have had essentially the same business model as Republicans: Raise tons of money (often from the same sources and through the same new soft-money loopholes), buy ads, wait.

It's in this context that the recent DNC rule changes make more sense. On the surface, it seems like a non-strategic move, knocking Sanders and his 13 million voters – he polls as the most popular politician in the country – in the middle of a key midterm election season.

But organizations like the DNC or the DCCC can't only worry about winning general election races. They also have to worry now about losing market share to Independents like Sanders, other parties like Working Families and alternative nominating organizations like Our Revolution or the Progressive Change Campaign Committee – to say nothing of the proven vote-snatching prowess of non-traditional Republicans like Trump.

There's more at stake in these primaries than the November elections. The whole way the parties do business is in play.

The candidates in the 19th were split in their reaction to the new rules.

"Erin is focused on winning the primary in two weeks rather than the rules of a primary in two years," said a spokesperson for Erin Collier.

Brian Flynn said voters can police who is and is not a Democrat, offering a dig at some of his opponents in the process.

"I don't think we need these rules," he said. "Voters can decide whether candidates are being opportunistic or cynical. But here in NY-19, I think it's bullshit that people want to be nominated for the party but have no track record of ever having supported Democratic candidates or causes."

Gareth Rhodes, fresh from completing his "Rhodes Trip" Winnebago tour of the district (the last leg went from tiny Hardenburgh, pop. 238, to Kingston, pop. 23,000), didn't like the rules change.

"We should be working to make the party more inclusive, rather than exclusive and narrow," said the 29-year-old former Cuomo aide. "There's a reason one-third of the voters in our district are unaffiliated with either party, and unless we do something to bring them in, we're going to continue to lose them."

Beals, who as the most outspoken representative of the Sanders movement would most naturally take offense, had the most creative answer. He compared the DNC change to the infamous loyalty oath crusade from Joseph Heller's Catch-22.

In the book, soldiers in battle are paralyzed by the need to keep signing patriotic pledges to fulfill the officers' insane policy of "Continual Reaffirmation."

"You know you're in trouble when you have to start demanding oaths and pledges to keep the party together," Beals said. "Let's just rally huge majorities to a platform people want to support and represent, and the loyalty will follow."

Sounds easy. Why hasn't it been?

#NY19 #RhodesTrip

A post shared by Gareth Rhodes (@garethtrhodes) on

The DNC isn't the only group asking for pledges. Activist groups are increasingly putting pressure on Democratic candidates, including those of the 19ht district, to declare themselves on dividing-line issues.

An example is the OFF Act, a bill offered by Hawaii Congresswoman Tulsi Gabbard that's being pitched as the most aggressive climate legislation ever. The Act is supported by over 400 environmental and union groups, and co-sponsored by 35 congressional Democrats, including 12 from New York.

The bill would place a moratorium on new fossil-fuel projects and move all transportation and electricity systems to renewable energy by 2035. It's the moon-shot of green energy plans, serving two purposes: reducing pollution and committing the country to a massive research and development project that theoretically would create jobs everywhere.

"I'm not convinced that there is a downside to this legislation," says Todd Fernandez of Climate Action Mondays, "unless you get money from Big Oil."

The OFF Act, like Medicare-for-all (supported by 75 percent of Democrats), the breakup of Too Big To Fail banks (backed by over 60 percent of Dems), and free higher education (even more Republicans support this than oppose it now, according to a recent poll), is exactly the kind of plan that increasingly appeals to disaffected voters in recent years. It's sweeping, it's expensive, it's immediate.

Like a lot of those other initiatives, the OFF Act is also plainly designed to be something you can't "sort of" support. It essentially outlaws fossil fuel use. If you're in on the bill, you're probably out on donations from Exxon-Mobil. There's no middle ground.

"Like Medicare-for-all, it calls the question," Fernandez says. "There's no wiggle room with this."

Fernandez tried to get all the candidates in the 19th to sign a letter pledging support for Gabbard's bill. Five of the seven did, which is a remarkable number. Like the sudden surge in support Medicare-for-all, it's reflective of a significant shift in party attitudes.

Only the campaigns of Delgado and Iraq vet Ryan – the same two who don't support any version of Medicare-for-all – have refused to support the OFF pledge.

***

Here's another crazy consequence of the money system:

Without polls, the only way for journalists to measure the horse race is by money. Checking opensecrets.org totals is the poor man's poll, and this trick puts one of Delgado, Flynn or Ryan in the conventional wisdom lead.

This results in headlines like, "Democrat Delgado Holds Fundraising Lead Among NY 19th Congressional District Candidates" in the district's biggest paper, Kingston's Daily Freeman.

Nobody among the candidates is driven crazier by all of this than Beals.

Just the suggestion that the Democratic nomination might go to what some voters in the district refer to as "the establishment guys" sends Beals reaching for even more colorful book references. He sees the rise of such candidates as a classic example of how the Democrats end up with representatives who lag behind clear majorities of their voters on issues like health care, war, labor law and the environment.

Ryan and Delgado of late have been battling. Delgado has accused Ryan of accepting the aid of a "cross-partisan" Super-PAC that supposedly commissioned a push poll against Delgado, allegedly violating the no-negative-campaigning pledge that all the candidates except Beals signed.

The argument between the two candidates has attracted local headlines. But the two declined to square off Monday, June 11th, when a forum was held at Rough Draft Bar & Books in Kingston. Oddly, neither candidate attended the gathering in front of more than 100 people in the district's largest city two weeks before the primary.

Delgado had a meet-and-greet in Delhi; Ryan had a personal family commitment. Both had surrogates speak instead.

"Who needs voters' engagement or support when you have the money to win the air war?" grumbled former journalism professor and FAIR founder Jeff Cohen, who lives in the district and was in the crowd.

Each candidate was given time to speak. Rhodes, jazzed after completing his "Full Rhodes," argued that his willingness to physically reach out to voters in traditionally non-Democratic areas is what will give him an edge.

Rhodes blasted the money system, among other things, arguing that members of Congress should give back 30-to-40 percent of their salaries, since they spend that much of their time raising money.

Collier scored applause by saying Congress needs more working-class people in it. The Cornell-educated economist also suggested Congress needs more economists. "There's actually only one economist in Congress, and it is a Tea Party Republican," she said, eliciting laughs.

In the process of saying this, and pledging to fight the Citizens United – the 2010 Supreme Court decision opening floods of money into politics – Rhodes also mentioned that he'd now raised "nearly a million dollars," making him competitive. The crowd clapped at this. Beals, quietly, felt his irritation growing.

Then New Paltz town council member Dan Torres spoke on behalf of Pat Ryan. Torres batted back several questions on the topic of fundraising.

"We call it dialing for dollars," Torres said, in response to one woman's question about candidates spending too much time raising money. "That is unfortunately one of the realities of running a modern congressional race, and I think Pat would certainly agree that it shouldn't be."

The line about "unfortunately one of the realities" sent Beals over the edge. By the time he got to the mic an hour and 40 minutes into the event, both he and the crowd were restless.

"Thank you, everybody. You've heard a lot of candidates, so you must be extremely bored by now," Beals began, to laughs.

Beals talked about how the challenge facing Democrats isn't getting votes from Republicans or turning out Dems, but facing the fact that most people are so grossed out by politics that they simply don't care anymore and don't vote.

"That's what I think is going on," Beals said. "I think most people don't even vote. And I think most of our political discussion has become a big charade, where we talk about issues, but we don't change them."

A woman asked him why nothing gets done in Washington. Beals jumped on the question.

"Big money and corporate power control our politics," he began. "The politicians… they come in here, and they tell you, as I just heard in this room…"

Beals here lowered his voice in a sardonic imitation of the speech he just heard from Torres, Ryan's surrogate:

"In a modern congressional campaign, call time is an absolutely necessary piece of running a campaign. You simply must register and gather two million dollars. There's simply no way around it, people, that is what we must do, and I assure you, once I get to Congress with your vote, I will change that system, and I will never do it again."

The performance finished, he stopped and returned to his normal voice. "I'm sorry, but they already failed the test," he said. "And the test was right now."

***

The modern Democratic Party strategy for winning elections was cooked up in the '80s. The post-Mondale path to victory was designed around cash, and constructed by groups like the Democratic Leadership Council (tabbed by Jesse Jackson as "Democrats for the Leisure Class").

Designed to take a party that had been walloped nationally in the Reagan years and help it win back the White House by a nose, the plan was based on the political reality of the '80s and '90s.

Democrats would lean on a base of social liberals who could never vote Republican because of issues like civil rights and reproductive choice. Then, they would use the new sources of funding to compete hard for independents in the middle using the bait of economically "moderate" (translation: not reflexively pro-union) policies. It was a delicate strategy calibrated to the last vote that was successful in its time.

The problem is that 30 years have passed, and none of those definitions still fit. There is no middle anymore. Disaffected Republicans and Independents in places like the 19th are as likely to want reduced military commitments abroad and increased bank regulation as they are to crave the "pro-growth" pseudo-conservatism Democrats used to lure back white working class voters in Bill Clinton's day.

The party's conventional wisdom is as outdated as your parents' taste in music, and it seems determined to keep out the new sound.


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It's All About the Midterms: Trump Took Those Children Hostage to Stoke His Base Print
Wednesday, 20 June 2018 08:25

Cole writes: "Trump desperately needs to have the GOP do well in the November midterms. Those midterms are a big question mark."

Children at the border. (photo: AP)
Children at the border. (photo: AP)


It's All About the Midterms: Trump Took Those Children Hostage to Stoke His Base

By Juan Cole, Informed Comment

20 June 18

 

ournalists have almost certainly misunderstood the Trump White House when they pen this morning’s flurry of articles and television commentary about the White House abruptly being “worried” about the fall-out of the Family Separation Policy announced in May by John Kelly and reaffirmed this month by Attorney General Jeff Sessions and Eminence Grise Jr., Stephen Miller.

This “worry” is said to have impelled Trump and his aides to have Department of Homeland Security head Kirstjen Neilsen fly up Monday from New Orleans to tell lies about the policy instead of Sarah Sanders (this move, despite what some reports speculate, almost certainly had nothing to do with Sanders being reluctant to go on lying about the Trump policy and attributing it to the Congressional Democrats, which is a lie.)

Here is an alternative scenario. This crew are psychopaths and, as their attempt to blame the Democrats for their own policy shows, unrepentant professional prevaricators. They don’t have a kind bone in their bodies, and on the contrary, spontaneously orgasm at the thought of the opportunity to be sadistic to others. The Family Separation Policy is not something they regret or worry about, it is something that gets them off.

But it can’t be explained entirely by mere sadism, though the policy certainly wells up from that motivation.

The Trump White House is still being advised by Steve Bannon, and Bannon is on record that immigration is a winning issue for Trump– that whenever and however it becomes a headline, Trump wins and the Democrats lose.

Trump desperately needs to have the GOP do well in the November midterms. Those midterms are a big question mark. Trump has an advantage inasmuch as voters in off years when the presidency is not being voted on tend to be whiter, richer and older than the voters in presidential election years. Laid against that general advantage is the tendency for the president’s party to lose seats in the midterm. American voters, whether they strategize this issue or not, appear to like split government and don’t usually like to put all their eggs electorally in the basket of one party. Election years in which one party does well, such as 2004 or 2008 or 2016, are usually followed by years in which voters put the opposite party to the one in the White House in charge of Congress.

What Trump needs to win the midterms is for his base to be exercised and excited, and for the Democratic base to be prevented from voting through various forms of voter suppression. These include voter i.d., purging rolls of voters in good standing, and spreading fake news about Democratic Party candidates and policies.

Ripping infants out of the arms of their mothers excites Trump’s base. Some 46% of Republicans approve of the policy, according to an Ipsos poll done for the Daily Beast. And only 32% of Republicans disagree.

Trump’s base has been primed to believe that undocumented immigration into the United States is suddenly a huge crisis. It isn’t. More Mexican-Americans, for instance, leave annually than come in. There may have been a problem in the 1980s and 1990s. But not now. The reason we should not call the policy Zero Tolerance is that the Bush and Obama administrations deported some 400,000 persons a year. There was already zero tolerance. What changed was the charging of asylum seekers and economic migrants as criminals and the consequent removal of their children to concentration camps. His base will likely agree that the situation was created by the Democrats.

If Trump’s policy is overturned, he can use that action to expand his base, by playing the martyr to liberal perfidy. He can also accuse Democrats of letting criminal gangsters (never mind that they are two years old) into the country. Trump has drunk the Bannon Kool-aid.

So while it may be, as corporate media tells us, that only a third of Americans agree with the Family Separation Policy, that statistic is irrelevant. In a typical midterm, only about a third of the electorate comes out to vote. If 46% of Republicans come out, but, as in Ohio and elsewhere, democratic votes can be suppressed by purging the voting registration rolls, then Trump wins. After all, that is how he got into the White House in the first place.

Trump’s base comprises Evangelicals and others who often have an authoritarian mindset, who will likely believe his lie that Family Separation is a Democratic project, and based on Democratic legislation. Fox will help spread this monstrous falsehood. Nothing in the law requires Trump to prosecute refugees who seek asylum in the US for criminal misdemeanors (which triggers the family separation, since children are not allowed to accompany parents into a Federal penitentiary.)

So far from fretting or regretting, Trump is using the immigration issue to whip up sentiment in his base, in hopes that it will turn into a strong showing in the midterms and allow Trump to keep control of Congress.

You might say, America is better than this.

And I will say, the proof is in the pudding.


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