After the guilty verdict: The right goes wrong!

Shocked but not surprised.

This has become a near daily mantra when reacting to the latest news from Donald Trump — and the entire Republican party. Their actions are somehow simultaneously beyond belief and yet entirely predictable.

The latest case in point: The GOP’s responses to the former President’s verdict of guilty to 34 felony counts last week. Rather than take even the slightest step back from their rabid support of the former President, they are hugging him even more tightly. And leading the way, of course, is Trump himself.

The trial was so not “rigged”

Trump has only a small bag of tricks. His most reliable one is to repeat a lie over and over again until people — primarily his supporters — start to believe it must be true. That’s how he convinced supporters to believe the lie that the 2020 election was stolen.

And so it is with the verdict in the New York election interference trial. He continues to falsely assert that the trial was rigged; the judge is conflicted; the system is corrupt. And, perhaps most egregiously, he hammers home the lie that the Biden administration was the force behind the prosecution — despite never citing a shred of evidence to back up that claim.

On  the contrary, as effectively detailed by Andrew Weissmann, the record clearly shows how incredibly fair the trial actually was: (1) the prosecution laid out a clear and compelling story — with the most damaging evidence coming from people who were and continue to be supportive of Trump, people such as David Pecker and Hope Hicks; (2) the Judge was even-handed to a fault, frequently sustaining defense objections and giving Trump a longer leash to violate the gag order than any other defendant would have received; (3) Trump was ultimately judged by a jury of his peers. As Robert Reich put it: “Those jurors were not Democrats. They were not politicians. They were not people who had a bias against Trump. They were Americans. Trump’s lawyers allowed them to become jurors because they showed no bias.” They deliberated for two days, reviewing testimony and re-hearing the judge’s instructions, before coming to a unanimous verdict of guilty on all 34 counts! This is the way our justice system is supposed to work — no matter who the defendant is. What could be more fair?

And, if you have any doubt, it’s all there in black and white — in the transcripts of the trial. Of course, Trump’s defenders are unconcerned with what took place in the courtroom. They denounce the verdict anyway — to the point of outright lying.

One especially egregious example is Republican Senator Susan Collins, who falsely claimed that Manhattan District Attorney Alvin Bragg “campaigned on a promise to prosecute Donald Trump” and “brought these charges precisely because of who the defendant was rather than because of any specified criminal conduct.” Actually, Bragg never made such a promise and never campaigned on it. Collins just made this up. And, even it were true that Bragg had some sort of bias against Trump, it wouldn’t mean the trial was unfair. A prosecutor’s bias does not lead to a conviction. He still has to prove his case to an unbiased jury — beyond a reasonable doubt. And that’s what Bragg did.

Similarly, you have Speaker Mike Johnson, second in line to the Presidency, saying: “I do believe the Supreme Court should step in. I think this court will do the right thing, because they see the abuse of the system right now.” No…there is almost no basis for the Supreme Court to ever weigh in on this state court decision. And Johnson did not specify even one instance of what qualified as “abuse.” Again, he’s just making it up as he goes along.

Not to be outdone, Texas Governor Greg Abbott went completely off the rails: “This was a sham show trial. The Kangaroo Court will never stand on appeal. Americans deserve better than a sitting U.S. President weaponizing our justice system against a political opponent— all to win an election.” Again, there is no evidence that Biden had any influence on the trial.

And if a Republican dares to call for even the most muted acceptance of the results, as Larry Hogan did, he/she is immediately castigated by Trump’s minions.

Then there’s Trump himself. Falsehoods spew from his mouth with the force of water gushing out of an open fire hydrant — in speeches that increasingly swing from rambling to delusional.

Such comments serve to undermine the country’s faith in the entire system of justice — beyond just this trial. While this grievance-filled rhetoric is exactly what Trump wants to promote, it’s very disheartening to see the rest of what’s left of the Republican Party follow down this dangerous path. They see no problem with putting the very foundation of our democracy in peril — for their short-term political gain. It’s shameful. Unfortunately, Trump and his minions are incapable of shame.

The more you think about what the GOP is saying, the crazier it all begins to sound. The Democrats were unable to salvage a POTUS victory for Gore in 2000. They were similarly not able to eke out a victory for Clinton in 2016. They weren’t able to prevent the GOP from regaining control of the House in 2022. And they haven’t been able to halt the trials of Hunter Biden or Democratic Senator Bob Menendez. Yet, these same Democrats were somehow able to determine the outcome of Trump’s criminal trial — which could require illegally influencing all twelve jurors?

Get real. That’s not what happened. The New York trial was not rigged. Not even close. Period.

 After the Trump guilty verdict, these are the Republican leaders standing up and putting country before party. [image from Washington Post]

The false equivalence of left vs. right

The media have a long and sad history of presenting the opposing views of the right vs. the left as equally legitimate. Don’t fall for that trap here.

As I’ve already covered, the right’s totally false assertions that the trial was rigged should demolish any notion of equivalence. But allow me to return to Andrew Weissmann — who puts the final nail in the coffin of this misconception. He notes that, in the weeks that he and Mary McCord covered the trial, they consistently proclaimed the fairness of the process. They did this in the complete absence of any knowledge of what the verdict would eventually be. Had Trump been acquitted, it is certain their perspective would have remained unchanged. They would have likely expressed disappointment in the outcome; they might have even opined that the verdict was wrong (although I expect they would instead focus on weaknesses and mistakes in the prosecution’s case). But they would have accepted the outcome as the result of a just process — and moved on. They certainly would not have railed on and on about how Trump and the GOP had conspired to rig the trial. I believe most on the left (including myself) would have done the same.

Contrast that to Trump and the GOP — who reacted with “immediate fury“as they embarked on a “campaign of vengeance.” “Republicans in Congress are embracing Donald Trump’s strategy of blaming the U.S. justice system after his historic guilty verdict.” “The ferocity of the outcry was remarkable, tossing aside the usual restraints that lawmakers and political figures have observed in the past when refraining from criticism of judges and juries.” You almost get the sense that there is desperation here — as if they need to scream louder and louder the worse the news gets.

No, there is no equivalence here to what would have happened if the situation was reversed.

Heads Trump wins; tails we lose? Nope!

It’s almost magical. No matter what happens, it seems to work out to Trump’s advantage. While the media seem uber-obsessed with pointing this out, it does have a degree of undeniable truth. After Trump was indicted last year, his standings in the polls actually increased. What would have been a career-ending catastrophe for almost anyone else only added to his popularity. [Books have been written about why this is so; but that’s beyond the scope of this post. However, for some insight, I recommend this post from Robert Reich.]

And so it has been in the aftermath of Trump’s guilty verdict: “Trump and his allies believe that criminal convictions will work in his favor.” Certainly, a surge in donations occurred immediately following the verdict. And numerous pundits, on the left as well as the right, are concurring that the verdict will be largely forgotten by the November election.

So what was the preferred alternative here? An acquittal? Hardly. Without a doubt, an acquittal would have helped Trump much more than the conviction. So is there no outcome that works against Trump?

Yes, there is such an outcome. It’s already happened. This verdict will hurt Trump. And his inevitable “shoot-yourself-in-the-foot” reactions will further erode his standing. We are already seeing signs of this in the latest polling.

I still believe there comes a time — after impeachments, indictments, civil judgements, an insurrection and now a felony conviction — that a majority of the public will say “enough is enough” and Trump’s candidacy will be doomed. The teflon will begin to wear off.

I believe this is the time. The New York trial will prove to be the pivotal point that initiates a shift in direction. Hang in there!

What can you do?

Some Democrats are already warning against talking about Trump’s legal woes on the campaign trail — lest it backfire and play into the GOP’s fabrication that the Democrats were the force behind the prosecution. I disagree. That may have been a reasonable strategy before the verdict — but not now. All of us can — and should — stress the truth that Trump is a felon. Because it matters! Spread the word. Shout it from the rooftops. We shouldn’t fear making this a campaign issue. Make it a central issue — because it is a central issue.

A Bad Goon is Rising

We are at a critical juncture in our country’s history. We are forced to ponder: Could a dictator take control of our government — after first assuming power by winning a legitimate national election? Or after overthrowing the results of an election they lost (as almost happened in 2020)? The answer is YES! We know this because it’s happened before in other countries. Many times.

Even if we limit ourselves to the 20th and 21st centuries, the surprisingly large group of “elected” dictators includes: Recep Tayyip Erdogan of Turkey, Viktor Orbán of Hungary, Juan Peron of Argentina, Ferdinand Marcos of the Philippines, Vladimir Putin of Russia, Benito Mussolini of Italy, and Adolf Hitler of Germany. Yes, that Hitler. The Nazi. The man whose name has become almost synonymous with evil. He “emerged as Germany’s chancellor” in 1931, after an election — and “proceeded to consolidate unlimited power before anybody realized what was happening.”

The list is by no means complete. Sadly, it may soon include one more name: Donald J. Trump. Trump’s own words make this intent clear. And, as confirmed by a growing number of pundits, “a Trump dictatorship is increasingly inevitable.” Or, to put it another way: “There’s no reliable way to prevent bad or incompetent people from gaining power.”

Poll results

Of course, in order for this dismal prediction to come true, Trump must first win in November. That’s why I find a recent New York Times poll so unsettling. It strongly suggests Trump is on a trajectory to victory. I remain skeptical of polls, especially this early in the election season. And even if they are accurate, there is still ample time for trends to reverse. But I believe it would be a mistake to entirely dismiss the ominous warnings contained in this poll. Here are the key take-aways:

• Biden is very unpopular…and continues to get more unpopular as time goes on: “The share of voters who strongly disapprove of Mr. Biden’s handling of his job has reached 47 percent, higher than at any other point in his presidency.” Even Democrats are “deeply divided about the prospect of Mr. Biden, the 81-year-old chief executive, leading the party again.”

• Trump is also highly unpopular. However, he “is winning 97 percent of those who say they voted for him four years ago, and virtually none of his past supporters said they are casting a ballot for Mr. Biden. Mr. Biden, in contrast, is winning only 83 percent of his 2020 voters, with 10 percent saying they now back Mr. Trump.”

• Biden is losing support among key groups of his 2020 coalition — including women, Blacks, Latinos and “nonwhite voters who did not graduate from college.” 

• “Only 23 percent of Democratic primary voters said they were enthusiastic about Mr. Biden.” For Trump, the number was more than double: 48%.

• “Mr. Trump’s policies were generally viewed far more favorably by voters than Mr. Biden’s.” This is true despite the fact that Trump has no policy agenda at all — other than grievance and retribution. Meanwhile, Biden has a strong record of accomplishment. Yet, people continue to assume Trump will handle the economy and immigration better than Biden.

• “Mr. Trump was winning 70 percent of those who backed Israel” in the Gaza war. It’s one of several political paradoxes in play today: It almost certainly means that a significant number of Jews are supporting Trump, despite his tacit support for anti-semitism.

• Voters in the latest poll are less likely to view Trump as having committed serious federal crimes than those polled a few months ago (53% now vs. 58% last December). At either level, in yet another quasi-paradox, this means that a significant number of voters simultaneously believe Trump is a criminal but still intend to vote for him. Trump’s infamous prediction that he could shoot someone on Fifth Avenue and still not lose any support now seems eerily prescient. It’s also an ominous sign of the public’s tolerance for a Trump dictatorship. Indeed, according to a Harris poll: “56 percent of those surveyed at least somewhat agree that Trump will act like a dictator if given a second term.” Yet he may still win.

Nate Cohn summarized the central paradox, in an accompanying Times article:

“Joe Biden should be expected to win this election. He’s an incumbent president running for re-election with a reasonably healthy economy against an unpopular opponent accused of multiple federal crimes. And yet President Biden is not winning.”

Surprisingly, there appeared to be one glaring omission in the poll results. The words “insurrection,” “autocracy” or “dictator” never showed up. At all. Where were the voters’ concerns about this? Perhaps the poll didn’t ask the right questions. Or perhaps it’s because, despite all the alarm bells going off for the past three years, the public at large remains unconvinced that Trump is the threat to democracy that he clearly is. If so, it’s a further sign of how much trouble we are currently in.

What to do

If we have learned anything at all these past years, it’s that our government will not save us from Trump. Congress won’t do it (having passed up two chances to convict him after impeachment), the executive can’t be counted on to do it (as evident by the fizzle of the Mueller report and the reluctant start to the current Trump investigations) and the courts certainly won’t do it (as evidenced by Trump’s success in delaying trials until after the election — and the Supreme Court’s willingness to assist him in this effort).

If Trump is to be stopped, we must do it ourselves — by convincing the public of the danger Trump poses and making sure he loses in November. It’s a job made even harder because the other side is not wasting any chance to tilt the odds in their favor, often employing tactics of questionable legality. At the same time, we have to combat a much larger more long-term problem: the right wing’s dismantling of agreed-upon facts and the related spread of disinformation (read this Atlantic article for a superb analysis of what’s happening here).

Dealing with all of this effectively is a tall order. But we have no other choice but to try. It’s time to pull out all the stops. This is a five-alarm fire. Whatever else you’re doing now, it’s almost certainly not as critical as doing this.

The GOP Implosion

What a horrible week to be a Republican. A week full of embarrassment and humiliation — as even most Republicans would agree.

First, there was the Republican “Presidential” Debate. The cringe-worthy “unmitigated disaster” showcased candidates bickering amongst themselves, spewing nonsense, apparently in hopes of getting a cabinet position in a Trump administration. Certainly they weren’t hoping to become President. Not one was willing to directly attack the missing-elephant-in-the-room and runaway leader of the pack. There was nary a mention of Trump’s legal troubles. Even Ron DeSantis admitted: “If I was at home watching that, I would turn the channel.”

Next up: The government shut-down. A group of MAGA Republicans in the House are holding the entire GOP (and the country) hostage — withholding approvals on what should be routine votes — not only willing to risk a shut-down but appearing to welcome one. Their actions are so immature and dangerous that Speaker-of-the-House McCarthy accused them of wanting to “burn the place down.”

Not satisfied with two humiliations, the GOP teed up a third: the Biden Impeachment hearings. Incredibly, at this self-inflicted wound, two of their star witnesses testified under the oath there was currently no evidence warranting an impeachment. But wait…there’s more: The lowlight of the day was when AOC revealed that Congressman Byron Donalds had fabricated an image he had presented earlier, falsely purporting to show evidence against Biden. One day into the so-called hearings and they’re already forced to make things up!

As if all of this was not enough, the GOP had to contend with their leading candidate for President advocating that Mark Milley, the retiring Chairman of the Joint Chiefs of Staff, be executed for treason. Which is why he now requires a security detail. The response from the GOP here was predictable: almost total silence. Oh, let’s not forget that Trump’s mountain of legal woes got higher this week: A judge ruled that Trump had committed financial fraud by having “lied to banks and insurers about his assets” for years. Added to this are his four pending indictments (with charges ranging from illegal retention of classified documents to attempting to subvert the 2020 election) as well as having been held liable for sexual assault. Yet none of this appears to present the slightest obstacle to the GOP lauding Trump as their preferred choice for President.

An outside observer assessing all of this could only reasonably conclude that the GOP was imploding. Unless they changed course, they were surely headed for a political shipwreck. How could anyone view it any other way? Apparently, if you’re Sean Hannity on FOX News, it’s quite easy. On his show this week, GOP impeachment leaders “offered false, baseless or debunked claims to which the Fox News host offered absolutely no pushback.” And the MAGA faithful that watch Fox News (and nothing else), lap it all up like a cat slurping cream. Which is why, incredibly, Trump and the GOP still have a path to victory in next year’s elections.

Welcome to America in 2024.

Democracy is on the ballot. It’s up to us to make sure it wins.

The Left Brings a Knife to a Gun Fight — and Democracy Hangs in the Balance

One of my Indivisible t-shirts boldly asserts: Register & Phonebank & Canvas & Vote & Win. Under the rubric of “phonebank,” you can add textbanks and letter-writing. Taken together, these form the foundation of the progressive left’s grassroots volunteer efforts to win elections — including next week’s midterms. The hope is that, via these actions, we can (1) persuade independents to vote for the candidates we support and (2) energize our base of supporters to make sure they get out and vote.

Although it’s difficult to measure exactly how effective these strategies are, there is good evidence to believe that they can make a difference. They may even have been determinative in the Blue Wave of the 2018 midterms. But that is already a long time ago — a time when the country’s outrage with Trump was at its peak and people were eager to mobilize. Long-term victory seemed within our grasp. Not so much anymore. Today, despite our best efforts, the country is more in the grip of Trumpism than it was even two years ago. Whatever we’re doing, it doesn’t seem to be working.

That’s why I believe phonebanks and such are no longer a viable grassroots tactic. Certainly not a sufficient one. It’s not that these progressive efforts are less effective than they were before. It’s that they are increasingly not up to the challenge of countering what the other side is doing. Since the rise of Trump and the MAGA movement in 2016, the rules of engagement have dramatically shifted. Anti-democracy trends that have been developing for decades in our politics, have finally reached a critical mass. The left now finds itself bringing a knife to a gun fight — like the swordsman in the classic scene from Raiders of the Lost Ark. And we know how that turned out.

More specifically, I see two troubling political trends at work here. One is old and familiar. The other is newer but far more dangerous.

The older trend is the increasing power of the minority — due a combination of the election rules laid out in the Constitution and more recent dramatic demographic shifts. Because each state gets two Senators, less-populated states have disproportionate power in Congress. That’s always been true — but never more so than now. For example, the population of California is approximately equal to the population of the 20 least populous states. Those combined states have 40 Senators while California has only 2. Less populous states tend to be rural and have traditionally leaned right. This gives the GOP a built-in advantage going into any Senatorial election. This same trend similarly means that, with the GOP in control of the majority of state legislatures, gerrymandering of Congressional districts has led to more “safe” House seats for Republicans than Democrats.

Finally, the Electoral College allows for a Presidential candidate to win office with only a minority of the country’s popular vote. Again, this has always been a possibility. But it has only happened twice from the birth of our nation until 1999. Yet, thanks to the aforementioned demographic shifts, it has happened twice since — and in both cases the Republican candidate won. This is how the GOP increasingly depends on winning. Barring a dramatic change in voting preferences, the GOP may rarely, if ever again, win a presidential election with a majority of the popular vote.

I don’t believe the framers of the Constitution envisioned a time when the demographics would be this extreme — and lead to such lopsided divisions. But here we are. It’s an uphill battle for left-wing phonebanks and canvassing to affect the outcome of an election — when faced with this handicap. But it’s possible, especially in a tight race. Unfortunately, things gets worse.

The second more recent trend is that a major part of the GOP’s election strategy is to oppose elections altogether. Instead, they are in engaged in a series of activities designed to disrupt elections and, if they lose the vote anyway, declare the results as fraudulent. 

You might naively assume that both sides are equally engaged in phonebanking and canvassing. Unfortunately, the assumption is in error. Only the left seems focused on these grassroots efforts. Case in point: I did a Google search for “Phone banking for Republicans.” Over 90% of the search results listed left-wing sites aimed at stopping Republicans! I kept trying different terms and kept getting similar results. I can’t discount that Google may be filtering my results based on my previous searches. Still, it strongly suggests that the GOP is not heavily invested in these mainstays of the left.

So what are they doing instead? They are disseminating a toxic brew of disinformation, conspiracy theories and lies spread by social media. As a recent example, check out the vicious lies that popped up almost within minutes in the wake of the attack on Nancy Pelosi’s husband. These lies continue to be disturbingly effective. I’m not saying Democrats never engage in these actions — but it’s pervasive among the GOP in a way that dwarfs whatever the Democrats may be doing.

Beyond that, right-wing activists are pushing voter intimidation actions, planned election day disruptions and subsequent election challenges. Abetting these efforts, the GOP itself has pushed to enact voter suppression laws (eliminating ballot boxes especially in Democratic districts, unnecessary voter ID requirements, etc.) — even going so far as to allow (Republican-held) state legislatures to overturn the popular vote. To make all of this easier to do in future elections, the GOP has put forward hundreds of election-deniers to fill offices across the country — in every position from Secretary of State to Senator. Hanging ominously over all of this is the threat of escalating violence.

Taken together, these tactics amount to a potent combination of unethical, potentially illegal actions that allow GOP candidates with minority support to none-the-less attain or claim victory — especially so in critical swing states. Eagerly adopted by an energetic cadre of MAGA supporters — it is proving to be an effective counter-strategy. Phonebanks can’t help win an election — if your supporters can’t vote. And you can’t protect your right to vote if the election officials are all right-wing election deniers.

What’s the solution? What can/should we do differently to combat these trends?

One possible approach is to do nothing different from what we have been doing — other than try to do it better. In the short term, the hope is that our efforts will be at least good enough to stave off complete disaster. Over the long haul, the hope is that the GOP’s Trump-fever eventually breaks and politics returns to some degree of normality. Unfortunately, as long as the current GOP tactics lead to success, I doubt that will ever happen.

This could well mean a descent in autocracy — but I doubt that will deter the GOP. It doesn’t even matter if the GOP honestly doesn’t want to see the end of democracy. They will go down this road anyway. The lure of near-certain short-term success will win out over potential long-term threats (just ask those fighting to save the planet from a climate-change catastrophe).

A second alternative is to play copy-cat: Fight back with the same strategies that the right is employing so effectively. Aside from the fact that it likely won’t work if we don’t control enough state governments, most on the left would reject the idea anyway. It’s morally reprehensible. A classic case of two wrongs very much not making a right.

What’s the third alternative? I don’t know. I am not wise enough to have a sure answer. I’m not sure there is one. At least not a good one. Prepare for civil war? Maybe. It’s a bit like asking what can we do to prevent Putin from using nuclear weapons. Actually, there is a lot we can do — but if Putin is determined to use them even if it risks an “apocalypse” — there is ultimately nothing we can do. Returning to politics, this is what keeps me up at night, fretting about the future of our democracy.

I don’t mean to imply that the success or failure of Democrats is entirely dependent on grassroots actions. Far from it. It obviously depends as well on the actions of the Democratic Party and their candidates — including fund-raising and television ads and rallies and such. And at this level, I believe Democrats have a serious messaging problem. They still haven’t adequately absorbed the key lesson from George Lakoff (Don’t Think of an Elephant): winning a political debate is not simply a matter of assembling the “best” facts. It’s a matter of emotional appeal as well. That’s never been more true than it is today — when the country is divided into silos each with their own “alternative facts.” The GOP gets this; the Democrats don’t.

It would also help if, for the critical issues of most concern to the electorate, Democrats are not almost always playing defense. It’s not enough to say: “No, we are not in favor of defunding the police. No, we aren’t trying to tell today’s school children they are racists. Yes, inflation is bad but it’s not Joe Biden’s fault. Yes, we are sensitive to coal miners losing their jobs due to green energy. Yes, crime is on the rise, but it’s not nearly as bad as the GOP claims.” The GOP has become expert at framing the debate and forcing Democrats to react. We need to turn the tables. We need to be more aggressive and force the GOP to defend. We managed to do this on the abortion debate this year — but that is not typical. Bernie Sanders, as usual, has offered some helpful ideas.

Finally, zooming out to the larger picture, the problems go way beyond the confines of the left. We live in frighteningly partisan and divisive times. Racism and anti-semitism are on the rise. The current popularity of extreme views is as great as it has ever been in our history. We have faced crises of extremism before (see Rachel Madow’s Ultra podcast for one example) — and have emerged relatively unscathed. But that offers no guarantee that we will see the same result this time. Our Democracy is not guaranteed. It only survives if we all agree to support it. When one political party abandons that agreement we are in deep trouble.

We now live in a country where a near-majority continues to believe the total falsehood that Donald Trump was the rightful winner of the 2020 election…where, despite Trump’s cornucopia of crimes and lies, he could still be our next President…where Fox News remains the dominant cable TV news outlet…where absurdly unqualified candidates like Herschel Walker, Mehmet Oz and Kari Lake have a good chance of winding up in the U.S. Senate or in a Governor’s mansion. And, if election results do not go the way the GOP is hoping, we can expect an upsurge in conspiracy theories and violence. This does not omen well for our future.

It may already be too late to stop this train. The 2022 midterms may turn out to be the tipping point from which there is no turning back. As Rachel Madow put it: “Our vote this year is about whether we ever get to vote again.”