Welcome to WeeklyWilson.com, where author/film critic Connie (Corcoran) Wilson avoids totally losing her marbles in semi-retirement by writing about film (see the Chicago Film Festival reviews and SXSW), politics and books----her own books and those of other people. You'll also find her diverging frequently to share humorous (or not-so-humorous) anecdotes and concerns. Try it! You'll like it!

Category: Editorial Page 11 of 30

In this age of Donald J. Trump and the Mueller investigation, you can expect updates on what is happening to our country and its Constitution.

Republicans and Their Dubious Relationship with Facts

Joe Biden in Independence, Iowa, on the Fourth of July, 2019.

Paul Krugman is a columnist for the New York Times, but he was reprinted in the Austin “American Statesman” today talking about why Republicans seem to have such a tenuous grip on facts. He has a point. I think some of the explanation behind Krugman’s thesis can be laid at the feet of the fractured nature of today’s news—where even the Facebook-like meeting grounds have splintered into those that are far right, those that are far left, and Facebook, itself. So, here is Paul Krugman’s “When Did Republicans Start Hating Facts?”

I reprint it here because not all of you can re-read it on the pages of the Austin “American Statesman” (p. A11) and, in my own experience, there is always a pay wall up on the NY Times.

“Republicans spent most of 2020 rejecting science in the face of a runaway pandemic; now they’re rejecting democracy in the face of a clear election loss.

What do these rejections have in common? In each case, one of America’s two major parties simply refused to accept facts it didn’t like.

I’m sure it’s not right to insist that Republicans ‘believe’ that, say, wearing face masks is useless or that there was widespread voter fraud. Framing the issue as one of belief suggests that some kind of evidence might change party loyalists’ minds.

In reality, what Republicans say they believe flows from what they want to do, whether it’s ignore a deadly disease or stay in power despite the voters’ verdict.

In other words, the point isn’t that the GOP believes untrue things. It is, rather, that the party has become very hostile to the idea that there’s an objective reality that might conflict with its political goals.

Democratic National Convention, 2008, Denver: CNN Headquarters.

Notice, by the way, that I’m not including qualifiers, like saying “some” Republicans.  We’re talking about most of the party here. The Texas lawsuit calling on the Supreme Court to overturn the election was both absurd and deeply un-American, but 60% of Republicans in the House signed a brief supporting it, and only a handful of elected Republicans denounced the suit.

At this point, you aren’t considered a proper Republican unless you hate facts.

But when and how did the GOP get that way?  If you think it started with Donald Trump and will end when he leaves the scene (if he ever does), you’re naive.

Republicans have been heading in this direction for decades. I’m not sure whether we can pinpoint the moment when the party began its descent into malignant madness, but the trajectory that led to this madness probably became irreversible under Ronald Reagan.

Republicans have, of course, turned Ronald Reagan into an icon, portraying him as the Savior of a desperate, declining nation.  Mostly, however that is just propaganda.  You’d never know from the legend that economic growth under Reagan was only slightly more robust than it had been under Jimmy Carter, and slower than it would be under Bill Clinton.

And rapidly rising income inequality meant that a disproportionate share of the benefits from economic growth went to a small elite, with only a bit trickling down to most of the population.  Poverty, measured properly, was higher in 1989 than it had been a decade earlier.

Other measures suggest that we were already veering off course.

For example, in 1980, life expectancy in America was similar to other wealthy nations; but the Reagan years represent the beginning of the Great Mortality Divergence of the United States from the rest of the advanced world.  Today, Americans, on average, can expect to live almost 4 fewer years than their counterparts in comparable countries.

The main point, however, is that under Reagan, irrationality and hatred for the facts began to take over the GOP.

There has always been a conspiracy-theorizing, science-hating, anti-democratic faction to America.  Before Reagan, however, mainstream conservatives and the Republican establishment refused to make alliance with that faction, keeping it on the political fringe.

Reagan, by contrast, brought the crazies inside the tent.

Many Americans are, I think, unaware that Reagan embraced a crank economic doctrine—belief in the magical power of tax cuts. I’m not sure how many Americans remember that the Reagan administration was also remarkably hostile to science.

Reagan’s ability to act on his hostility was limited by Democratic control of the House and the fact that the Senate still contained a number of genuinely moderate Republicans.  Still, Reagan and his officials spent years denying the effect of acid rain, while insisting that evolution was “just a theory” and promoting the teaching of Creationism in schools.

This rejection of science partly reflected deference to special interests that didn’t want science-based regulation.  Even more important, however, was the influence of the religious right, which

Good Old Boy Fred Thompson, running as a Republican, in 2008.

 

first became a major political force under Reagan, has become ever more central to the Republican coalition and is now a major denier of the party’s rejection of facts—and democracy.

For rejecting facts come naturally to people who insist that they’re acting on behalf of God. So does refusing to accept election results that don’t go their way.

Sure enough, a few days ago, televangelist Pat Robertson—who first became politically influential under Reagan—pronounced the Texas lawsuit “a miracle,” an intervention by God that would keep Trump in office.

The point is that the GOP rejection of facts that has been so conspicuous this year wasn’t an aberration.  What we’re seeing is the culmination of a degradation that began a long time and and is almost surely irreversible.

Podcast Guests in December Limned

Tonight’s guest on the 7 p.m. (CDT) Weekly Wilson podcast is Dylan Kai Dempsey, a New York-based writer/filmmaker and film critic.  He covers all the major festivals and his reviews have been published in “Vanity Fair,” “Variety,” “NoFilmSchool,” “Nonfiction.fr” and “IonCinema.com.

In addition, Dylan is developing a graphic novel, #LikesforLukas” plus a TV series based on his own award-winning pilot script.

Dylan has also taught film, both at Tufts University, his alma mater, and in Paris.  He began hi career as a development intern for Bona Fide Productions in Los Angeles and Rainmaker Productions in London.

Tune in “live” tonight (Thursday, December 10th) as Dylan and I discuss the future of cinema: “Can the movies survive the pandemic?” “If they do, what will the theaters of the future be like?”

On December 17th, the guest will be Quad City author Sean Leary, talking about his newest book.

On December 24th and December 31st, since those dates are Christmas Eve and New Year’s Eve, respectively, you can expect re-runs of some of the previous 37 interviews done since February of 2020, with the replays available, as always on the blog and on the Bold Brave Media Global Network blog.

January will see some more political discussions as a new president is sworn in. What will happen between now and January 20th? Stay tuned for further developments and discussions.

Dominion Voting Machine Conspiracy Theories: Only Crackpots Need Apply

Julian Sanchez of the Cato Institute warns that the crack-pot Dominion Voting Machine conspiracy theories are harming cyber-security:

BEE GONE: A POLITICAL PARABLE

Last week, Julian Sanchez wrote about a crackpot conspiracy theory making the rounds: The allegation that voting machines or tabulation software produced by Dominion Voting Systems had somehow been “hacked” or “rigged” to alter the outcome of the presidential election. At the time, I worried I might be giving undue attention to an outlandish claim that—given how thin and easily debunked was the “evidence” for it—would surely fade away on its own. Apparently, I need not have worried. Since then, the Dominion Theory has not only led to the firing of Chris Krebs, the well‐​respected head of the Department of Homeland Security’s cybersecurity agency, but featured in a press conference held by Trump attorney Sidney Powell, who made it the centerpiece of a wildly implausible case that Donald Trump had won the presidency by a “landslide” and been deprived of victory by massive and systematic vote fraud. According to Powell’s increasingly byzantine version of the theory:

“The Dominion Voting Systems, the Smartmatic technology software, and the software that goes in other computerized voting systems here as well, not just Dominion, were created in Venezuela at the direction of Hugo Chavez to make sure he never lost an election after one constitutional referendum came out the way he did not want it to come out.”

None of this is true. Dominion and Smartmatic are separate companies, and indeed competitors; the tenuous connection between them is that Dominion once purchased assets from a firm that had been owned and sold off by Smartmatic years earlier. Smartmatic is an American company, though its founders are Venezuelan, and its software was not used in any of the swing states currently under scrutiny. (It has provided software used in Venezuelan elections, but the company itself has called out electoral fraud there.) Powell’s claim appears to be little more than an effort to insinuate guilt by (very indirect) association with an authoritarian regime.

The other supposed “evidence” for chicanery linked to Dominion is equally shoddy. Election‐​night tabulation errors in Michigan—detected and corrected almost instantly—were speculatively attributed to Dominion software by online conspiracy theorists, but local election officials have since explained that they were the result of human errors, not computers misbehaving. Claims amplified by Trump that millions of votes had been “deleted” in Pennsylvania were unequivocally refuted by state officials. Trump appears to have picked up the notion from a report on the One America News Network, which got the idea from a blog post citing data from the polling firm Edison Research—though Edison itself had produced no such report.

Evidence against the theory is overwhelming, and has only become stronger in the week since my original post. Georgia recently completed a manual recount of paper ballots, supervised by the Republican secretary of state, and found no sign of any significant tabulation errors. (The states electronic voting machines generate voter‐​verifiable paper records, and in most battleground states the in‐​person votes that would have used such voting machines favored Trump, with Biden having the advantage in hand‐​marked mail ballots.) In an open letter, 59 of the country’s most prominent election security experts said they’d found no evidence of systemic fraud—cyber or otherwise.

None of this, alas, was enough to save Chris Krebs, until recently director of the Cybersecurity and Infrastructure Security Agency within the Department of Homeland Security. For the sin of issuing a statement that the agency had found no evidence of voting systems being compromised, Krebs was summarily terminated by tweet, with Trump declaring the agency’s expert analysis “highly inaccurate.”

“We have it totally under control.” (Jan. 2020)

Since the evidence‐​free Dominion theory is unlikely to persuade any court, Krebs’ dismissal may be its most damaging consequence, at least in the short term. This is not merely because Krebs was widely respected and viewed as highly competent, but because the firing sends a clear signal to all government employees: if your own analysis contradicts the president’s claims about vote fraud, you shouldn’t expect to remain employed for long. This undermines CISA’s core mission, which includes assisting and coordinating with states which may lack the federal government’s capabilities when it comes to monitoring and detecting sophisticated cyber‐​threats. Now the specter of political interference hangs over any warnings the agency may provide in the future. The agency may now hesitate to provide state officials—and the general public—with reassurances about the integrity of local elections, while warnings about actual threats may be viewed with suspicion given Trump’s clear desire to find evidence of fraud. Nor is the harm limited to CISA. The Intelligence Community at large is on notice: produce reporting at odds with the president’s public claims, and you place your career at risk.

This is particularly poisonous because it distorts what’s known as the “intelligence cycle”: the process by which agencies gather intelligence, analyze it, disseminate reporting, and then use that information to allocate resources and prioritize the next round of intelligence collection. Any distorting effect on what is reported—either because employees feel obliged to emphasize information that confirms what the president wants to hear or suppress information that contradicts his presuppositions—risks creating a feedback loop, infecting the next round of planning and intelligence collection, and diverting resources and energy away from genuine threats and toward spurious ones. We should hope the president‐​elect has the wisdom to avoid such potentially toxic interference.

Trump Power Grab Is Going On Now: Pay Attention

“Bee Gone: A Political Parable”

Trump exhorted his far-right army to mobilize for a sustained conflict over the election results. He refused to say whether he’d accept a legitimate loss. And he confirmed he’s expecting the Supreme Court to help invalidate countless legally cast ballots.

Can Trump can pull off one of his most-discussed means for rigging the election: getting a GOP state legislature to appoint substitute pro-Trump electors to the electoral college, regardless of the popular vote in that state? That’s what is going on right now.

Trump is telegraphing his scheme.

At the debate, Trump said he “can’t go along” with a result tallied up from millions of mail-in ballots, which will mean “fraud like you’ve never seen.” He urged supporters to “watch” the voting “very carefully,” i.e., to engage in voter intimidation. When his own GOP appointed cyber-security official, Christopher Krebs, who had done a good and honest job, testified that it was the fairest election in history, DJT fired him.“We did it right. Defend Today, Secure Tomorrow,” wrote Krebs, a former policy director at Microsoft whom Trump appointed to his role in 2017 after Russia’s 2016 election Interference campaign.

It is unconscionable that the man in charge of keeping foreign countries from interfering in our elections, who has, by all accounts, done an admirable job, is being punished for doing his job well. Trump is also playing with fire in replacing the Secretary of Defense and other high ranking officials, just as is done in tin-pot dictator countries before a coup d’etat. The Republicans in the House and Senate, so far, are simply going along with these anti-democratic acts and making excuses for the man-child orchestrating them.

Asked what he expects of the high court and his most recently appointed Supreme Court Justice Amy Conan Barrett, Trump said: “I’m counting on them to look at the ballots.” He is dragging his feet as long as he can, demanding recount after recount, even though none has changed the results. He is seeking to sow dissension in the ranks of his loyal-to-the-bitter-end followers and to get their public outcry to the point where red state officials will feel confident in saying that they are sending in their own electors for the Dec. 14th Electoral College vote. So far, only a few GOP Senators have had the cojones to even congratulate the rightful winner and I know of only two who have spoken out at all about any portion of this travesty.

We are in deep water, here, folks, and there doesn’t appear to be anyone throwing us a life line. The Senate won’t, as they demonstrated during the impeachment opportunity. Bill Barr won’t, as he’s the guy who helped Reagan out during Iran/Contra and has already demonstrated how he will work to undercut the Mueller Report by releasing his own Cliff’s Notes version early and supporting Trump in many other unethical ways.

“We have it totally under control.” (Jan. 2020)

Trump did also say he might not “need” the court to settle “the election itself.” But that only inadvertently confirms that he believes the court is at his beck and call to hand him the presidency, despite the fact that he lost the election by over 5 million votes. His supporters in Michigan have already tried to refuse to certify that their state vote went to the Democrat.

As far-fetched as it seems that a state legislature might appoint pro-Trump electors, it’s important to note that some Republicans are already claiming that the fictional mass fraud in large-scale mail balloting could serve as the justification for doing just this.

As one Trump legal adviser said, they might say: “We don’t think the results of our own state are accurate, so here’s our slate of electors that we think properly reflect the results of our state.”

And so, when Trump casts doubt on the legitimacy of a prolonged count after Election Day — as he did at the debate — he’s opening the possibility of using exactly this justification for precisely this endgame.

 

Nero Fiddled While Rome Burned; Trump Sulks While A Quarter of a Million Die

The editorial below appeared in the Nov. 12th Quad City Times and was written by Michael Gerson (WaPo). When you’re right, you’re right and I’m sure Gerson has said this better than I could:

************************

BEE GONE: A POLITICAL PARABLE

President Donald Trump will be remembered for many things.  For the audacity of his mendacity.  (* He just fired the head of the cyber security team).  For his ready recourse to prejudice.  For his savant’s ability to rile and ride social resentment.  For his welcoming of right-wing crackpots (QAnon?) into the Republican coalition.  For his elevation of self-love into a populist cause.

For his brutal but bumbling use of force against protesters.  For his routinization of self-dealing and political corruption.  For his utter lack of public spirit and graciousness even to the very end.

And, to be fair, for the remarkable achievement of winning more than 73 million votes with an appealing message, without significant achievements, without a discernible agenda for the future (and after 240,000 U.S. citizens lay dead because of his inattention to duty.)

But although Trump will be remembered for all these things, he will be judged for one thing above all: When the pandemic came and hundreds of thousands of Americans died, he didn’t give a damn.

How do we know this? It is not easy to read a man’s heart, but it is easy to detect that organ’s absence. Trump is not only refusing to provide leadership during a rapidly mounting health crisis, he is also sabotaging the ability of the incoming Biden administration to cooperate with leaders at the Centers for Disease Control and Prevention, the National Institutes of Health and other government agencies.  By disrupting the presidential transition during an unfolding Covid-19 disaster, Trump is engaging in history’s most dangerous sulk.

Even before his re-election loss, Trump had trouble expressing empathy for victims of the virus and their families. Even after his own bout with Covid-19, Trump did not seem capable of feeling or imagining the suffering of others. (*We saw this in Puerto Rico when his sole presidential act was to throw paper towels to the suffering populace.)

This may reflect some psychological incapacity. But it also indicates a certain view of pandemic politics.

From the start, Trump did not believe the disaster itself was a true enemy.   Rather, he viewed the public perception of widespread disease as the real threat—the threat to his political future. So, the fewer Americans who believed in the disease’s spread, the better. And the less attention the victims of the disease received, the better.

This helps explain Trump’s own explanation given to the Washington Post’s Bob Woodward at the start of the pandemic.  “I wanted to always play it down,” the president said.  “I still like playing it down, because I don’t want to create a panic.” A panic, after all, might spook the stock market, or make him appear responsible.

This is a distorted way to view both illness and politics.  Interpreted as an attack on him, Covid-19 should be minimized.  In reality, the disease was—and is—an attack on the American public, which can be fought only by elevating attention to the disease and warning against indifference.  It was Trump’s monomania that dictated the path of denial and inaction.

At one point early in the unfolding crisis, a senior official urged Trump to take leadership and “own the problem.”  But that is exactly what the president wanted most to avoid.  As the danger became undeniable, the president doggedly denied it.  “It’s going to disappear,” said Trump.

The goal was not to calm the public, but to anesthetize it.

In this cramped and selfish view of the world, every Covid-19 victim who is highlighted by the media is perceived by the president as an attack on himself. And the public expression of sympathy on his part would be self-sabotage, an admission of his failure.

So when Trump recovered from the disease, he did not say, as former Governor of New Jersey Chris Christie did, “I should have won a mask.”  Instead, Trump pronounced himself “immune,” held dangerous largely mask-free rallies, and used his own recovery to play down the seriousness of the disease.

Covid-19 Test Site.

Recovery from Covid-19 did not change Trump’s perspective, and neither has electoral loss. The president is apparently too busy moping, golfing, fuming and lying to assume leadership during a spiraling health crisis. (*Today, however, he took time to fire the head of cyber-security for the election and to make an attempt to disenfranchise all of Detroit.).

He has roused only enough interest to take personal credit for a prospective vaccine.  Once again, Trump does not seem to regard Covid-19 as a threat to the country requiring responsible action  He sees the pandemic as an attack on his person to be downplayed or denied.

This is egotism, turned cruel and deadly. (*The nation’s Top Psychiatrists say that Trump is, indeed, a malignant narcissist. This means narcissism, anti-social personality disorder, paranoia and sadistic tendencies rolled into one and created to describe Hitler.)

The country will not be delivered by appealing to Trump’s better angels, who fled in disgust long ago.  It might help if elected Republicans stopped ignoring and enabling Trump’s lethal tantrum.  But the hours until noon, January 20th, still move too slowly.

 

Thoughts, Post-Election, Regarding the Presidential Election of 2020

BEE GONE: A POLITICAL PARABLE

I have purposely refrained from writing anything “post election,” hoping that I could post something very hopeful and positive.

Instead, although former Vice President Joe Biden prevailed and has won enough votes to be declared the winner of the presidential race by everyone except hard-core Trump supporters, the news from the front was not as rosy as Democrats might have hoped. Cheri Bustos, who was Chairperson of the DNC, has stepped down amidst the news that the “blue tsunami” that many thought was going to happen did not materialize.

I never felt that there was going to be a “blue tsunami.” I was still coping with the debilitating news that Trump was going to be our president, rather than Hillary Clinton. Mind you, I was not an avid Hillary supporter, but I did think she would be competent, which was not at all clear with the mercurial temperament of DJT.

I felt the way I did when Stephen Colbert had set aside his entire late night talk show to revel in Hillary Clinton’s victory and, instead, had to consume the champagne in a much-less festive fashion.

Since the polls closed on November 3rd I’ve waited for a sign that a smooth transition of power was taking place and our long national nightmare with DJT might be over. It will be two full weeks tomorrow and Biden’s popular vote continues to rise. However, the Trumpers are in the position that those of us who backed Al Gore in 2000 were placed in after the hanging chad election in Florida. Only worse.

There is far more evidence, this time, that the citizens of the United States wanted to be rid of Donald J. Trump. That enthusiasm for change did not, however, extend down the ballot, and the mere fact that 170 million people could still bring themselves to vote for Donald J. Trump is disconcerting.

After reading many “post election post scripts” in these 2 weeks, I have settled on tapping the thoughts articulated by Leonard Pitts of the Miami “Herald” and here are this Black American’s thoughts, published on November 9th:

Recognizing Who We Are: Faced with a clear choice between good and evil, America did the right thing, barely.  That is sobering and profoundly disappointing.

“Forgive me for being the ant at the picnic.

Certainly this is a glad moment, an ecstatic and delirious moment.  The election of 2020 has ended at last.  Joe Biden is finally the president-elect and Donald Trump is finally consigned to the dank well of ignominy he so richly deserves.

As Gerald Ford once said in the aftermath of a less dire threat, “Our long national nightmare is over.”  As the Munchkins of Oz once sang, “Ding dong! The wicked witch is dead.”

But if gladness is mandated, caveats are required.  America needed an emphatic rejection that left no doubt that the chaos, lies, lawlessness, bigotry and ignorance Trump represented were not, as some of us are overly fond of claiming ‘who we are as a people.’ We needed to deliver him a thundering, emphatic rejection.

And we did not.

To the contrary, a victory that should have been an overwhelming landslide had to be eked into existence.  Indeed, even in defeat, Trump actually improved on his 2016 popular vote count by, at this writing, roughly 7 million votes.

Think about that.  After he bungled a pandemic (240,000 Americans dead; 420,000 by March 1st), after he botched the economy (nearly 5 million jobs lost—more than any president since WWII), after he alienated our allies and emboldened our enemies, after he undermined every institution, down to and including the National Weather Service, after he extorted Ukraine, occupied Portland and declared war on Lafayette Square, and, after he embraced an agenda of brazen white supremacy, after, in other words, they lost the excuse of ignorance, because they knew exactly what Trump was, 7 million more people cast their ballots for Trump.

Joe Biden in Independence, Iowa, on the Fourth of July, 2019.

Yes, he lost.

Yes, Biden tallied more votes than any candidate in history (78,789,001, 50.9% for Biden to 73,167,876 votes, 47.3% for Trump) and, of course, won the Electoral College. But the caveat looms large.

Faced with a clear choice between good and evil, America did the right thing, barely.  That is sobering and profoundly disappointing.

And it strips bare all the glossy claims about who we are as a country, underscoring the fact that in a meaningful sense, we are not one country at all anymore, but two sharing the same borders.  The last time that happened, it took four years and 750,000 lives to force us back into some semblance of oneness.  Even then, the seams of the fracture were always visible.

Unlike that break, this one is not starkly geographic: South versus North. No, this one is city versus country, college educated versus high school educated, and, most significantly, future versus past.  Meaning that yesterday, this was a nation where white people were the majority, and tomorrow it will be one where they are not.

The fear and resentment that inspires in many white people cannot be overstated.  It has warped our politics for years, culminating in the disaster of Trump.

Now, Biden is elected on a promise to heal those breaks, but that will require more than a good man’s good intentions.  It will require white Americans to divest a system of white supremacy that, let’s face it, has been very, very good to them.

Unfortunately, it has been less good for the country.  So a moral reckoning is required here.  It is time more white Americans finally recognize that white supremacy is not something you compromise with or rationalize.  It must be a deal breaker, always.  And it isn’t, as evidenced by the fact that the man who called Mexicans rapists and Haiti, El Salvador and the nations of Africa “shithole countries,” who described neo-Nazis as “very fine people” and told four Congresswomen of color born in this country to “go back where they came from” just won 7 million more votes than he garnered in 2016.

That’s “who we are as a people.”  Let’s stop kidding ourselves about that. And start figuring out how to become what we said we were all along.”

 

 

How Trump Might Try to Cheat to Win

BEE GONE: A POLITICAL PARABLE

This is a slightly truncated version of the original “Washington Post” article that explains one of the likely methods that DJT will/would try to use to steal the November 3rd presidential election.

Could Trump steal the election? Here’s one way to find out. (Sept. 30, 2020)

The disastrous debate that unfolded in Ohio should prompt us to take the possibility that President Trump will try to steal the election far more seriously — even as it also renders that outcome much less likely to succeed.

Trump exhorted his far-right army to mobilize for a sustained conflict over the election results. He refused to say whether he’d accept a legitimate loss. And he confirmed he’s expecting the Supreme Court to help invalidate countless legally cast ballots.

It’s this last point that presents a way to gauge Trump’s chances of executing some version of his corrupt designs.

The short version is this. At Amy Coney Barrett’s confirmation hearing, Democrats can press a line of questioning that might illuminate whether Trump can pull off one of his most-discussed means for rigging the election: getting a GOP state legislature to appoint substitute pro-Trump electors to the electoral college, regardless of the popular vote in that state. 

Trump is telegraphing his scheme

At the debate, Trump said he “can’t go along” with a result tallied up from millions of mail-in ballots, which will mean “fraud like you’ve never seen.” He urged supporters to “watch” the voting “very carefully,” i.e., to engage in voter intimidation.

And asked what he expects of the high court and Barrett, Trump said:I’m counting on them to look at the ballots.”

Trump did also say he might not “need” the court to settle “the election itself.” But that only inadvertently confirms that he believes the court is at his beck and call on this matter.

As far-fetched as it seems that a state legislature might appoint pro-Trump electors, it’s important to note that some Republicans are already claiming that the fictional mass fraud in large-scale mail balloting could serve as the justification for doing just this.

As one Trump legal adviser told the Atlantic, they might say: “We don’t think the results of our own state are accurate, so here’s our slate of electors that we think properly reflect the results of our state.”

And so, when Trump casts doubt on the legitimacy of a prolonged count after Election Day — as he did at the debate — he’s opening the possibility of using exactly this justification for precisely this endgame.

As Edward Foley outlined in a prescient 2019 article, if Trump were ahead in the Election Day count, he’d likely put this scheme in motion while claiming “machine politicians in Philadelphia” are trying to steal the election with fabricated mail votes.

Could this work?

Democratic National Convention

To be clear, it shouldn’t.

The Constitution does assign to each state the authority to “appoint” its electors, in a “manner” that the legislature “may direct.”

But in a terrific piece, three legal scholars — Grace Brosofsky, Michael Dorf and Laurence Tribe — explain that precedent shows this means the legislature must “direct” how the state appoints its electors by making laws that create and define the process for doing so.

Virtually all states have made laws that provide for electors to be appointed in accordance with the popular vote outcome in them. (Maine and Nebraska do this by congressional district.) Thus, those scholars argue, legislatures can’t appoint pro-Trump electors without making a new law providing for appointment of electors based on legislators’ own will, not that of the voters.

Such a new law would require the governor’s signature. And in three states where this appears most likely to be tried — Pennsylvania, Michigan and Wisconsin — Democratic governors would veto any such effort by GOP-controlled legislatures.

The Supreme Court has upheld the principle that a governor can veto such an effort, those scholars note. In the 1932 case Smiley v. Holm, the court ruled that the Minnesota state legislature could not change election rules unilaterally in the face of such a veto.

This ruling confirmed that for the court, “state legislatures cannot alter” laws governing the selection of electors “except through their ordinary state lawmaking procedures,” which would require a gubernatorial signature and be subject to veto, the scholars argue.

So friendly legislatures can’t do this on Trump’s whim without a new law, no matter how loudly they scream that ongoing counting of mail ballots is fraudulent.

Such a case might again find its way to the Supreme Court. But how would it rule?

The question for Barrett

Democratic senators can press Trump’s nominee on this question — by asking whether she believes Smiley is settled law, and on whether she believes the Constitution does or does not allow state legislatures to appoint electors outside the lawmaking process.

Dorf, a professor at Cornell Law School, told me Barrett would likely evade this question, by merely promising to “respect precedent” while declining comment on a question that might soon be before the court.

Still, this might be worth trying. Given that Trump has explicitly said he expects the court — and Barrett — to help him pull off something like this, we’re in an extraordinary situation. By confirming that Smiley is settled law, Barrett could strongly suggest that such an effort will fail, sparing the country from it.

“She could certainly throw cold water on it,” Dorf told me. “She could make it clear that she’s not likely to be receptive to an argument” that legislators can appoint electors without a new law.

As for other justices — such as John G. Roberts Jr. and Neil M. Gorsuch — they might also look askance at such an effort. In Bush v. Gore, the court described the process for appointing electors as a “legislative” scheme. Dorf says they might see this as invalidating any effort to appoint them outside the lawmaking process.

To be clear, Trump’s disastrous debate performance makes it more likely Biden will win the “blue wall” states by a comfortable enough margin that Trump won’t even try such a scheme.

But Trump also made it clear at the debate that he’s unhinged enough to try anything — and is perfectly happy to rile up millions of supporters behind an effort to overturn a legitimate loss. So if there’s any way to take this off the table now, we should try it.

Dan Partland (“Unfit”) Re-Scheduled for October 22nd on Weekly Wilson Podcast

Joe Biden in Independence, Iowa, on the Fourth of July, 2019.

My apologies to all who tuned in to hear me speak with Dan Partland, Writer/Director/Producer of “Unfit,” the #1 Amazon documentary that answers the question, “What the hell is wrong with Donald J. Trump?”

Due to technical difficulties beyond my control, my show was not on the air on 10/15, but Dan Partland has agreed to be with me “live” on 10/22. Trust me: you want to hear this man talk about the truths revealed in his excellent documentary. You can tape the presidential debate, since we already know, based on tonight’s town halls, that DJT will do his best to interrupt and ruin it, anyway. It’s a “live” call-in format so you can call in with questions at 866-451-1451.

Here’s my other thought for today, before I begin comparing the two town halls in a separate piece (to run later). It is page 705 of Jeffrey Toobin’s book “True Crimes and Misdemeanors: The Investigation of Donald Trump.”

“He has betrayed our national security, and he will do so again. He has compromised our elections, and he will do so again. You will not change him. You cannot constrain him. He is who he is. Truth matters little to him. What is right matters even less. And decency matters not at all. I do not ask you to convict him because truth or right or decency matters nothing to him, but because we have proven our case and it matters to you. Truth matters to you. Right matters to you. You are decent. He is not who you are.” (Adam Schiff’s adjuration to the Senate during the impeachment of DJT).

Don’t Cry For Me, White House Staffers

President Contracts Covid-19: Debates Likely Dead

Trump has tested positive for Covid-19.

He was scheduled for a pair of rallies in Wisconsin tomorrow, October 2nd. What now?

Supposedly Trump and Melania will quarantine at the White House, according to the First Lady’s tweet.

In coming back from Cleveland, Trump was surrounded by a large number of advisors and family members.

The announcement comes only a few hours after he said, “the end of the pandemic is in sight.” 

“I think it’s safe to say this president is going nowhere for a while,” said Brian Williams on NBC News.

Hope Hicks began feeling ill while traveling on Air Force One and was quarantined on the airliner.

Ms. Hicks was subsequently diagnosed as having the virus.

“We will begin our quarantine and recovery process immediately. We will get through this TOGETHER!” (from a Trump tweet).

As a 74-year-old overweight man, Trump is at high risk.

[This developing story came in at 1:00 a.m. on the East coast.]

SPECULATION

“We have it totally under control.” (Jan. 2020)

Upon hearing that DJT had tested positive the speculation then began to extend to VP Pence and whether he and his team had been exposed. If both men were to be felled, Nancy Pelosi would be next in line. The list of people on Air Force One extended to about 24 individuals, which included the president’s family and close staffers.

Some speculated that the president is attempting to avoid taking part in future debates which, to be honest, the Washington Post, the Atlantic and other leading newspapers have said should be discontinued anyway after September 29th’s fiasco, largely because of Trump’s interrupting opponent Joe Biden 73 times in 90 minutes.

On Tuesday night both men spoke for 90 minutes from podiums that were distanced. Could this expose Joe Biden?  The mask that Joe Biden usually wears was not being worn and, of course, Trump rarely has worn one and did not wear one for the first time until July 11th, 7 months into the pandemic.

Perhaps the realization that this disease is real and does not play favorites may sink in for the man who has persisted in hosting dangerous Super Spreader events at places like Tulsa or Mt. Rushmore.

I wish no one the bad luck to suffer having this virus, especially if they are of an age to make it very dangerous.

Thirty-two days away from the election, the president’s doctor Sean Connolly announced that Donald and Melania have both tested positive for Covid-19. He said, “They are both well at this time. They plan to maintain their quarantine at the White House. I expect the president to continue carrying out his duties without interruption.”

The debates are going to probably be scrapped, which will be a very small loss, based on what went down on September 29th. I will continue to discuss politics (and other topics) on my Thursday night Weekly Wilson programs,. But the talk will not be about the debates, because they (probably) won’t be held. That does not change my announced intent to give away BEE GONE e-book copies FREE on the scheduled debate nights and October 23rd (RBG Day).

Dr. Vin Gupta – MSNBC Medical Director (Remarks from him interrupting Seth Meyer’s late night show):

“This raises the specter of when did Hope Hicks display symptoms?”

This is bigger than just the President and the First Lady as the circle that traveled with them has been exposed.

Did the Vice President’s team become exposed at Case Western on debate nig

There is a pre-symptomatic period up to 48 hours, during which the person can give it to others, although asymptomatic.

Why did the President go to an event today if he knew he was positive and expose other individuals at a fund-raiser today? “That should have raised alarm bells.” Gupta asks, “Who is giving him this medical advice?” (Dr. Scott Atlas?)

Brian Williams raises the point that it may not be Hope Hicks who has exposed the president at all, since he has traveled extensively and has not worn a mask. A massive contact-tracing effort has to be made. “There should be no in-person gatherings for the rest of the campaign. This was preventable. The fact that this even occurred is a damning indictment. This was avoidable if they were practicing the proper procedures and not going to these rallies and attending these events.”

Trump was supposed to have had a conference call about the impact of Covid-19 on the senior citizens. Ironic that this will not now occur.

 

 

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