The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people… the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither...
He has obstructed the Administration of Justice ...
He has made Judges dependent on his Will alone ...
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
For abolishing the free System of English Laws in a neighbouring Province ...
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation. ...
He has excited domestic insurrections amongst us, and has endeavoured to bring on … Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
The thing I have been thinking since January 6th, 2021 is that we have been on this path for almost exactly twenty years. Specifically, since December 12th, 2000.
Unlike 1/6, December 12th is not a date which has lived in infamy. (I had to look it up myself, I thought it might have been the 19th.) But it was the extremely consequential day when the United States Supreme Court handed down the lawless, intellectually dishonest, and unimaginably consequential decision in Bush v. Gore, which forced the state of Florida to stop its attempt to determine who had won the razor-close election for its presidential electors. This effectively handed the presidency to Bush, who received about 500,000 fewer votes than Vice President Gore – and who, a completed recount by press organizations showed a few months later, received fewer votes in the state of Florida.
Sure, it sounds bad if you describe it that way, and a lot of people said so at the time. But if you put it into the context of what led up to the decision, it actually looks a whole lot worse. It wasn’t the closeness of Florida’s election which dragged things out for over a month after the election. It was the Bush campaign doing everything it could to sabotage the recount, and the entire Republican establishment rallying behind him. “Everything” included something that’s been remembered as the “Brooks Brothers riot,” where a bunch of young Republican staffers charged into a Miami elections office and physically intimidated a bunch of local officials and volunteer poll workers into giving up on counting their constituents’ votes. And one reason Florida was even close enough to be swung by a 1/6-style mob attack was that the state’s Republican governor, who happened to be Bush’s little brother, had recently overseen a racist voter purge which secretly struck thousands of people (mostly Black Democrats) off the voter rolls.
So, to recap: Republicans tried to sabotage an election with shady bureaucratic antics in areas that most people assumed were apolitical. When that appeared not to have worked, they physically assaulted a government building where an important post-election procedure was being carried out. The violent attack bought enough time for a government institution with only tenuous democratic legitimacy to swoop in and decide “votes don’t count and we’re going to install the person who didn’t win over the public.” It does not strike me as farfetched that Trump and his henchmen thought that if they did steps one and two, then step three would work. Again.
Frustratingly, the small-d democratic failure of the 2000 election, if it’s remembered at all, tends to be decontextualized from what are broadly agreed to have been the policy failures of the Bush regime. But the clarity of 1/6 should make us reconsider. The Bush administration ignored expert warnings that the extremist Osama bin Laden and his terrorist organization al Qaeda were “determined to attack inside the United States,” and then once the warnings it had ignored proved prescient, it exploited the tragedy as an opportunity to seize a conventional strongman posture, conflating loyalty to the nation with political obsequiousness to the Dear Leader. Republican campaigns depicted opposition candidates as terrorists, simply because they were the political opposition.
The Bush regime used its control of the intelligence agencies to manipulate the press, the public, and elected officials into going along with a war of choice. It was a catastrophically bad choice on its own merits, and they went about it in a way that temporarily shielded them from constitutional checks on or democratic accountability for its bad choice. It locked people up in secret offshore prisons, publicly said it didn’t even have to show cause to arrest those people, and literally tortured them. That is a small-d democratic catastrophe.
The same Department of Justice that defended the government’s authority to kidnap and torture people also used its authority to harassand even imprisonpoliticians who it saw as potential opposition leaders. After the voters had the temerity to give Democrats a majority in the 2006 midterms, DOJ leadership demanded that US attorneys abuse their power to prosecute meritless cases of “voter fraud” and then purged the department of prosecutors who refused to frame innocent people for crimes in support of a political narrative aimed at delegitimizing the opposition’s victory.
Throughout it all, Fox News blasted a constant stream of Radio Rwanda-style propaganda demonizing the political opposition, and when that got boring, inciting violence against health care providers. This, too, was deliberately aimed at sabotaging democratic accountability – and it worked.
We have been on this path for a very long time.
So no. I am not surprised in the least that Republican officials and establishment right-wing media have found ways to rationalize defending Trump and propagating the Big Lie. I am a little surprised that many of them even hesitated and most of them even seem embarrassed about it. (Bush himself, to his credit, has denounced the 1/6 rioters in quite literally the strongest possible terms, calling them “children of the same foul spirit” as the hijackers who murdered thousands of people on 9/11. I am mildly curious what’s changed his mind.)
You might be thinking, “look, those weren’t exactly Rhodes scholars waving zipties and literally smearing poop all over the Capitol, I doubt they had much in-depth knowledge of recent American history.” But the 1/6 rioters weren’t the only insurrectionists. They had leaders like Trump’s campaign adviser and friend Roger Stone, who has taken credit for the Brooks Brothers riot, and Senator Ted Cruz, who worked on the Bush campaign’s legal team. These people knew exactly what they were doing, because they know exactly what they did before.
Moreover, even if you think political history begins with Trump, he and his supporters had every reason to believe that breaking the rules would be rewarded. Even if you accept that there is real democratic legitimacy – which isn’t the same thing as formal legality – to someone losing by millions of votes but still winning the election, elections have rules for a reason. Those rules include things like “a candidate can’t ask for or accept millions of dollars worth of opposition research and voter outreach from anyone, including foreign intelligence agencies” and “representatives of a campaign can’t pay hush money to the candidate’s ex without reporting it as a campaign expense” and “the FBI director can’t abuse his position to tell the public repeatedly about how bad and crime-y a candidate who didn’t commit any crimes seems to him.” All that stuff happened and everyone decided to let Donald Trump be the president anyway! The Trump mob wasn’t delusional to think rules are irrelevant to whether or not Trump got to be president. In this, if nothing else, they were completely correct.
There’s a lot of talk about how bad it is that some people don’t accept the president’s legitimacy, and it’s actually a reassuring development that normie centrist commentators generally acknowledge the link between the violent extremism of the 1/6 insurrection and the rhetoric of the conservative base’s favorite media outlets. But the core problem is not that people believe something radical in its implications, it is that they are justifying radical and violent action by claiming to believe something which is not true. If they were correct – even if Trump’s henchmen did not have to go to such tellingly extreme lengths to create a pretext for them to make such claims – that would be a different story. This development in Trumpist politics is not dramatics, or even hypocrisy. It is raw projection. Donald Trump sees no value in the perceived legitimacy of American elections because he never won legitimately. He knows it and his most fervent supporters know it and they are and have always been desperate to scare the rest of us away from acknowledging and grappling with it. Every “review” or “investigation” into some new theory about how zombie Hugo Chavez teamed up with the Chinese Communist Party to hire a bunch of hackers which would make random poll workers steal physical ballots should remind us of the possibility that if the Trump campaign and its Russian co-conspirators didn’t manage to sabotage the vote counting in 2016 it wasn’t for lack of trying.
January 6th was a dark day. It is almost unbearably dark to say that we are still living under its shadow; almost unfathomably dark to say that we lived under its shadow for decades until most of us saw it for what it was. All of that is true.
What is also true is that January 6th was the day the darkness gambled its most potent weapon and lost. The proto-fascist creep that started metastasizing at the turn of the millennium depended on a lot of normal people being able to rationalize denial. It never posted its selfies on Facebook, it never beat up a cop with a fire extinguisher, it never seared itself into the world’s memory with rockets’ red glare and bombs bursting in air. It could still make the people who were correctly alarmed wonder if they were just being alarmists – or worse, if they were the ones harming democratic stability by raising existential questions that weren’t warranted. All of that is gone. The constant, frantic lies from the terrorists’ sympathizers, as dispiriting as they are to hear, are a desperate and doomed attempt to regain something they know they have destroyed.
We did not choose to make January 6th a dark day. We can choose to make it the darkest hour before the dawn.
I am a slow-boring-of-hard-boards realist about politics. I am delightedly surprised when I get what I want AT ALL. Months and months ago, I said that my number one issue in this election was the desperate need to put the brakes on democratic backsliding in the United States. I’m not sure how to process the fact that I’ve started to get what I wanted even before the transition.
There is a real path forward for democracy reform in this country. EVEN WITH an aspiring autocrat doing everything he could to rig this election, EVEN WITH a pandemic raging, EVEN WITH malicious foreign actors still trying cause problems, EVEN THOUGH we still have not restored the Voting Rights Act, EVEN WITH all the structural imbalances built into our creaky eighteenth-century constitutional system:
Voter participation went way up! People voted over the course of several weeks from the comfort of their own homes, or on weekends, or on Election Day. And because people took responsibility and spread out their votes like that, it was safer to go to polling places. That was a huge collective choice to prevent a lot of suffering and even some deaths.
A big part of why they could do that is the enormous number of citizens who rallied to work at the polls so that the retirees who usually do the job could sit this year out.
Cities and states around the country took the time they need to count carefully.
Media gatekeepers, for the most part, had the discipline and the patience to be helpful to users about what we knew and what we didn’t. If anything, they’re erring on the side of being too cautious. This is after weeks of most media gatekeepers having the discipline to debunk a disinformation campaign by Trump’s allies and Russian backers, instead of aggressively participating in it.
Social media companies took the most aggressive countermeasures yet against election misinformation.
The person who got the most votes is also the person who won the election, which is pretty cool!
That is a huge improvement from EVERY PRESIDENTIAL ELECTION IN THE TWENTY-FIRST CENTURY. Just in terms of how well the election itself was administered, my only major criticism is that we still did not do something called risk-limiting audits. In the case of an election, audits are basically a carefully calibrated statistical smell test. They’re not a recount. They are a reliable and cost-effective way of figuring out if a recount or some other type of scrutiny should be done for the sake of public confidence in the results – and that makes them a cost-effective deterrence against any bad actors who are considering sabotage. Audits are important whether an election goes your way or not, just like smoke detectors are important whether your building catches fire or not.
But that absolutely should not take away from the fact that we overcame all the new problems that were introduced this year and took some big steps toward solving a lot of old ones – despite the best efforts of Trump and all his enablers. Imagine what we could do under an administration that is helping democracy revitalization instead of aggressively hindering it.
The easiest way for us to make the most comprehensive change would be to win the Senate, which would allow a Biden administration to pass a revitalized Voting Rights Act and restore legitimacy to the federal courts. If you have any time or money to spare in the next few weeks, consider sharing it with the two excellent Democratic candidates in the Georgia Senate runoffs.
We should be realistic about the situation: we’re probably not going to get to do it the easy way, at least, not until after the midterms. But we’re not going to be doing it the hard way any more. The hard way is what we’re doing now. We’re about to get a Department of Justice that opposes civil rights violations and enforces what’s left of the current Voting Rights Act. The intelligence and military cybersecurity units are going to be able to work with the administration instead of around it. And we aren’t going to have to deal with a 24/7 fusillade of lies and voter intimidation coming from the Oval Office. To spin out the “it’s a marathon, not a sprint” metaphor: we’ve been running a marathon uphill carrying forty-pound backpacks. We’ve reached the top where the path levels out, and someone just took our bags and gave us protein bars.
And while we have our protein bars, let’s look around, because the view is as clear and as beautiful as it’s going to get. Donald Trump had every intention of wrecking American democracy, and the entire Republican party had every intention of supporting his aspiring dictatorship. And, while Trump himself is and always has been a clown, the person occupying the Oval Office is the most powerful person on the planet. Actually, that’s an understatement. Since Truman gave the order to drop the atomic bombs on Hiroshima and Nagasaki, our technology has grown stronger and our government has concentrated more and more power in the executive branch, which means that every holder of that office has arguably been the most powerful person in the history of the world. Every other holder of that office has at least wanted to think of himself as using that power for the advancement of democracy and humanity. Donald Trump affirmatively tried to use all that power to entrench himself there permanently.
We stopped him. We stopped him peacefully. We stopped him without further harming the many vulnerable people he holds hostage in a hundred different ways. We stopped him not by elevating an equal-but-opposite charismatic demagogue for a two-men-enter-one-man-leaves smackdown, but by building a vibrant, heterogenous coalition and finding competent, experienced, principled leaders who respect that coalition in all its raucous power. We stopped him, in short, by choosing to do democracy.
That feels good today and it’s enormously consequential. It is also proof of concept. It is something that can happen, because it has happened.
Something that political scientists and democracy advocates have been saying for the past few years is that Trump has been a propaganda gold mine for dictators. They use him as a cautionary tale against liberal democracy or even against hoping that things can ever get better: see, even the Americans are no better than we are! Dictators can artificially insulate themselves from accountability in the short term, which makes them ill-equipped to think about backfire. Train your people’s eyes on the aspiring American autocrat, and they can all see his humiliating fall.
To our sisters and brothers around the world, from Idlib to Hong Kong, from São Paolo to Moscow, and along every wide country road in between: this is the only true thing your oppressors have ever told you. We are no better than you are. We are no more suited for or entitled to liberation. Look what we have done. Imagine what you can do.
There’s kind of a false dichotomy going on where people swung from “Trump is going to successfully rig the election for himself” pessimism to “oh, Biden only ousted an incumbent by a freakishly large margin, it wasn’t an immediate electoral college landslide, why did Trump get so close.” This take has set in before deep blue California and New York have come close to completing their mail-in ballot counts, which tells you that it isn’t serious, but it’s also beside the point. Trump succeeded in making the election unfair. If he hadn’t illegitimately put a whole lot of thumbs on the scale in his favor, if we’d actually had the free and fair election we deserved, I think he probably would have lost in a landslide. We did the work and showed up in numbers that were ultimately too big to rig. That led to victory, although not a victory you can quantifiably measure against the dozen or so American elections that were more or less free and fair. That doesn’t mean the rigging didn’t happen or have any impact. It means we beat the spread. As the world’s most prominent train enthusiast once said, that is a big fucking deal.
A government of the people, by the people, and for the people has not perished from the earth. One day soon, it may even exist. That is our charge. That is our choice.
So take a moment to recharge. Enjoy the view. Breathe. We got work to do.
a friendly update on what’s happening with the vote count
Nobody wants to be the person who gives you false hope the nightmare is over. At the same time, my goal here has always been to clear out some of the underbrush of bullshit and make it a little easier to understand what’s happening in the world. I don’t think that goal is served by letting right-wing merchants of doubt create a suffocating fog of unknowability.
Between the states that have finished counting, the >90% of the popular vote which has been counted, and where those last few votes are … I can’t think of a scenario where Trump pulls this out that I can defend as plausible. I don’t mean “I’m a poll wizard and I know exactly the percentage of college-educated Taiwanese-American moms in northern Fulton County.” I mean I was going to say “unless there’s a spectacularly successful hack” and couldn’t defend it. (Reasoning: if you’re competent enough to pull that kind of thing off, then you were smart enough to see that the best time to do that was between 9 and 11 PM on Tuesday night and the window was sliding shut all day Wednesday. If you’re dumb enough to try and pull a fast one today, it’s probably too late and the NSA will definitely catch you.)
A court decision? I hope I’ve been clear about how aggressively corrupt the decision in Bush v. Gore was twenty years ago and how much worse the courts are today. I don’t think they’re afraid to cross some dictatorship event horizon. I do think that Trump’s lawyers and judges are quickly running out of literal time to play those games. There’s a reason that poll workers have been pulling all-nighters in Atlanta and Philadelphia. It actually does take a minute to come up with something an extremely expensive attorney can say in court without worrying they’re going to lose their reputation or their law license. (State bar associations are perfectly free to decide that “going into court to tell deranged fascistic lies in farcically meritless suits” is a breach of professional ethics!) That may explain why their top legal eagle at the moment is an extra from a Borat movie. I know you think I’m being cute with that description but nope!
Two other things that suggest the wind is blowing our way:
Trumpist goobers have been self-soothing with clownish attempts to bully Michigan and Arizona election workers until they “stop the count,” after Biden pulled ahead in those states. I’m glad that local authorities are taking the slight risk of violence seriously, but I do think the rest of us have the obligation to note that these ding-dongs are like “I LOVE TRUMP! DON’T YOU DARE COUNT MY VOTE!! YOU CERTIFY THIS STATE FOR JOE BIDEN RIGHT NOW GODDAMMIT!!! MAGA!!!!” Meanwhile, unions in Philly have people dancing in the streets and cheering for the poll workers to count the votes.
Trump has been completely dependent on Fox News to bail him out at every turn. They’re not following him off this ledge.
You might come across some take artists who are desperately clinging to their beloved Dems in disarray narratives or pretending this year’s exit polls are worth the paper they’re printed on. They are damaged people who want to steal your joy at Vice President Kamala Harris breaking down barriers for women, infinitely expanding the dreams of little Black girls, bringing delight and pride to South Asian Americans. YOU DO NOT, UNDER ANY CIRCUMSTANCES, GOTTA HAND IT TO THEM.
So.
If my analysis of the situation changes at any time, I’m going to take this post down, because it will become dangerous misinformation. At the moment, though, I think giving the bad guys the power to deprive us of clarity is also tacit misinformation.
There isn’t going to be a gracious, cinematic concession, because Trump is a dick. There isn’t going to be a formal procedure until the Electoral College votes are tallied in December. We still have two hard and razor-thin Senate runoffs to win in Georgia. (GEORGIA!) We aren’t out of the woods until noon on inauguration day. And at 12:01 on January 20th, we start a new phase of incredibly important work.
If you’re not ready yet to let yourself believe that the Trump nightmare actually can end in just a few weeks, I get it. Honestly, I think that’s why I’m hedging a little bit more than I can rationally defend. But like. I was watching MSNBC early Wednesday morning when Trump shambled into the East Room to sniffle his way through a low energy autocratic attempt to declare that the real vote count was over and he had won the bigliest of victories. The three lady anchors laughed at him on live television. Then Wednesday night, the three lady anchors came back on television and laughed at him some more. I believe that’s what comparative politics scholars refer to as an “autocratic womp womp.”
We’re not going to know tonight. This isn’t unexpected. It’s actually a result of two good things:
Turnout was just bonkers. SO MANY PEOPLE voted.
A lot more people voted absentee than usual, because that was a smart and responsible choice to make during a pandemic.
If you think you can fall asleep right now, go to bed. Actually, no, turn off your various devices so you’re not tempted to check notifications if you wake up at 3:30AM, then go to bed. It’s a marathon, not a sprint.
the voting ends today but the fight almost certainly does not
Republicans are filing increasingly desperate and ridiculous lawsuits trying – emphasis on TRYING – to have votes thrown out because they’re big old losers who know they can’t win legitimately.
If you’re the kind of person who can get into the weeds of federal court filings on elections, you probably already have your hair on fire. If you’re not, I don’t recommend picking up the habit right now. It’s just going to make your head swim. These are so incoherent and meritless that even our corrupt federal judiciary and plenty of conservative state judges have frequently brushed them off. I get the sense that Trump’s lawyers are more hoping to win those cases than trying to win them. What they seem to be trying to do with these lawsuits is some mix of the following dishonest things:
depress turnout by making people feel like he can just have their votes thrown out so why bother;
set something, anything, up on track for the Supreme Court, which Trumpworld is (not unreasonably) confident they have sufficiently corrupted;
create a general sense that there’s some authority other than the voters who get to decide this election.
That is what makes me think Trump’s plan to barricade himself in the White House and tweet out a declaration of victory the first moment Fox News reports a good exit poll for him is only mostly about his pathetic need to self-soothe with an autocratic display. He’s also making one last go-for-broke play for the public narrative. He thinks – again, not unreasonably – that if he says he won, then he’ll get a bunch of “Trump Declares Victory” headlines and chyrons, which puts a thumb on the scale in terms of how people frame any resulting developments in their own minds. It’s not a good strategy, it’s more of a hail Mary, but it’s the only potentially helpful option he’s left for himself.
All of this has, once again, summoned the specter of the 2000 election.
We can’t look one day into the future. But we might be able to prepare ourselves for it if we look about twenty years into the past.
There’s kind of a fable that’s built up around the 2000 Florida recount that Republicans were just tougher and savvier and wanted it more, while Democrats clumsily Ned Starked everything up. It’s important to reject that premise as fundamentally abhorrent. In a functioning democracy, campaign strategy is irrelevant after Election Day, because voters are in charge. The Gore campaign, to its credit, was buying into the basic premise of democracy, and had therefore planned their campaign around trying to win an election fair and square. When you punish or condemn people for that, you are ceding ground to the fascists and agreeing to fight on their terms.
The Bush campaign was just fundamentally not operating from the premise of democracy, but from the premise that elections are merely a weak opening bid from the electorate. Before anyone even knew there would be a recount, they had already gamed out a scenario where they could win even if they lost. The contingency they’d planned for, that struck them as most likely, was actually that Gore would win the Electoral College but Bush would win the popular vote. They planned out a whole pressure campaign to create enough of an uproar to give some friendly Republican state legislatures somewhere just enough of an excuse to award electors to Bush even if their constituents had voted for Gore. That wasn’t the scenario they ended up facing, of course. But when you do those kind of war games, you have to think about what your opponent would do, which means the Bush team was ready to hit the ground running with a whole bunch of things they had been expecting Gore’s campaign to do. The core point of whatever they were going to do was always to create an excuse for the nuclear option of having Republican state legislators send Republican electors to install George W. Bush no matter what their voters wanted.
One major difference between then and now is that generation of Republicans knew what they were doing was abnormal and wrong, so they kept it under wraps. Now they’re so high on their own supply that they brag about it to The Atlantic, because they genuinely don’t realize that people will object and try to stop them if they give up the element of surprise.
In 2000, the nuclear option of state legislatures just ignoring their voters to install Bush was not something the Gore campaign could have reasonably foreseen, and even if they did have an in-house psychic to warn them about it, it’s not something they could have realistically stopped except by winning with the biggest margin possible, which they were already trying to do. In 2020, Republicans are basically trying to run the same play, but against Democrats who very much are as prepared as they could possibly be, and by “Democrats,” I mean Democrats at every level. Inside the campaign, Biden campaign senior adviser Ron Klain ran Gore’s recount effort in Florida, and is therefore the last person to have any illusions about the opposition. Their lawyers are fucking beasts. Outside the campaign, Democratic voters have already voted, dragged their friends out to vote, and are amped for whatever fight tomorrow brings.
And, unlike 2000, any formal government processes are going to have to go through House Speaker Nancy D’Alessandro Pelosi, and honey, she is not having it. Remember, Pelosi has already thwarted not one but two Trump regime connivances to steal elections. In 2018, she successfully deterred any attempt to undermine Democrats’ midterm victory. And with her crisp, digestible, precision strike impeachment strategy, she neutered the HUNTERGAZI plot that Trump had every intention of using to sabotage the election this year. (God only knows what other schemes she headed off by making an example out of the pressure campaign against Zelensky. Any foreign leader or official who might have been tempted to cave under similar pressure by Trump got put on notice that trying to appease him quietly was not going to make their lives any less complicated.) No wonder she felt emboldened to tell the Trumpist wing of the Supreme Court to sit their asses down if they know what’s good for them.
What Democrats – and other small-d democrats and progressives – can do, we’re doing. You need to take heart from that, and brace yourself for a couple of stressful weeks.
Unfortunately, we can’t control everything. We can’t control what Trump will do to seize the narrative, and we can’t do much about how the press responds. And again, I’d point back to 2000 as a cautionary tale. Did you know that most of the networks actually called the race right, and they did it pretty fast? It’s true! Early-ish that night, they called Florida for Gore. And, as a subsequent investigation showed, Gore got more votes in Florida! But the ballot count was tighter than it should have been – a lot of registered voters who were likely to have preferred Gore were kicked off the rolls in a racist purge – so they did a reasonable thing and retracted the initial analysis to say the state was too close to call.
I did say most of the networks. I’ll give you one guess which was the outlier. John Ellis – head of the decision desk (ie, the decision of when to call a race for one candidate or the other) at Fox News and first cousin of candidate George Bush and Florida Governor Jeb Bush – somehow knew something about the Florida vote count that the Associated Press didn’t. Late that night, as Gore’s numbers were actually ticking up, Ellis called Florida for Bush. (I might’ve been more circumspect making those implications five years ago, but these people have forcefully rejected the benefit of the doubt.) The other networks, embarrassed by the earlier retraction and exhausted after a long night, leapt after Ellis like lemmings in five minutes flat.
This created a narrative that seamlessly dovetailed with the Bush campaign’s evolving strategy: a Bush win was a fait accompli, so why was sore loser Gore insisting on this recount, wasn’t it taking way too long? Of course, the truth was that nobody actually wins an election before the votes are counted, so if Bush really wanted to get this over with, why was he so resistant to having so many votes counted even once?
Because, of course, while Bush’s top campaign people were out in front of the press loftily insisting that this recount was an irrelevant waste of the country’s time and attention, Republican lawyers were down in Florida doing everything they could to run out the clock. Deadline after deadline loomed and then passed with a bunch of Federalist Society hacks badgering and haggling over every single ballot. Said Federalist Society hacks included John Roberts, Brett Kavanaugh, and Amy Coney Barrett.
So legal correspondents and voting rights advocates, unfortunately, aren’t crazy to have their hair on fire about the Supreme Court once again doing what happened next in 2000: the court ordered all the counts to stop until arguments that it scheduled for the day before an arbitrary deadline. Then they handed down a decision that even they knew was so incoherent and indefensible that they said it wasn’t supposed to be used as precedent in any other case, even though the Supreme Court’s job for over two hundred years had been to hand down rulings that lower courts could use as precedent.
(Seriously. Guys. If Doc Brown ever tosses you the keys to his DeLorean, your mission is to go back to 1999 and run Chief Justice Rehnquist over with it. Then – and this is important – back up and run over him again. Twice. Then you can go buy stock in Google or feed Trump to zombie vampire bats or hit up a Borders or whatever.)
If you’re not really familiar with this story, you’re saying “wait, what? Why did people stand for this bullshit?” FAIR QUESTION. There are a lot of reasons, though no excuses. One reason that’s been previously underrated, I guess, is that Bush hadn’t spent the week before the election running around telling everyone who would listen that “what we’re gonna do is, we’re gonna make ourselves a huge pain in the ass while people are trying to count votes, and then we’re gonna whine about, ‘why is it taking so long to count all these votes?’ Heh heh heh.”
If he had … well, I’m pretty sure at least 538 Floridians would have been alarmed enough to make a better choice than they ultimately did.
I always want to be able to share an action item. This time, I can’t. (Unless you can vote but haven’t yet, in which case, WHAT THE FUCK ARE YOU DOING ON TUMBLR, GET YOUR ASS IN LINE AND STAY THERE.) I don’t know what the world is going to look like six hours from now. It’s entirely possible that there’s a Biden blowout big enough that Trump just gives up and flees the country. But assume we’re not going to get to take the easy way out of this. Get organized and stay fired up. WE RIDE AT DAWN, unless Florida and/or Texas breaks our way by 10:30, in which case, WE DRINK AT 10:31.
It was a large state, with vast stretches of country between its world-class cities. It had communities rich in diversity and activism and ideas – and it had a lot of resentful white people who were just plain old rich.
The richest and most resentful white people created a terrible blight they called “modern conservatism.” They set their wicked curse on the state, and then unleashed it on the nation with two Republican presidents – one lamentable, the next even worse.
There were many along the way who sounded the alarm, but there were more who ignored the danger far too long. The spell had summoned a beast. The beast was hideous and stupid. It was no good at anything except being a hateful beast. But the dark spell had done so much damage that being a hateful beast was enough for the beast to win, at least for a time.
In one version of the story, the state is called “California.”
In another, it is called “Texas.”
It’s strange to think of now, with a decade of sneering about the “left coast” and “San Francisco liberals” and blah blah blah baked into political conventional wisdom, but it’s true. The reactionary modern conservatism which held the whip hand on the backlash to the great civil rights advances of the 1960s was born in California. California voted for Richard Nixon six times: once as their senator, twice as Eisenhower’s vice president, and then three times as the Republican presidential nominee. In between those elections, Nixon of course had to win primaries. In 1968, when he was the Republican front-runner, he faced an upstart challenger who wanted to make sure he’d be racist enough to keep conservative southerners in the tent. That person was not a southerner, but the then-governor of California, Ronald Reagan, who would go on to be the next Republican elected after Nixon.
So what the fuck happened? Well, a lot of things, and I don’t want to pretend to do justice to the generations of righteous activism that pushed back against this disastrous regime. Democrats did occasionally win state-wide – notably, California elected two Democratic women to the Senate in 1992 – even though Orange County was practically a metonym for American conservatism right up until the 2018 midterms. But the turning point that seems to have gotten your average voter to turn on the Republican party for good was in 1994. Governor Pete Wilson, a kind of hard-right proto-Trump, threw his weight behind a hateful anti-immigrant ballot initiative. It passed, even though it was so deranged that it never went into effect because a federal court ruled it unconstitutional within days of the vote, because the California electorate really was that conservative. The electorate changed, almost on a dime. Mexican-American voters organized. Their friends and neighbors and fellow citizens realized that sitting back wasn’t an option. And now the Republican Party of California is a fucking joke.
This isn’t, like, the eternal winds of history blowing microscopic chips off the statue of Ozymandias. If you remember the Clinton presidency, this happened in your lifetime. If you’re a little bit younger than that, it happened in your big cousins’ lifetimes.
Part of what makes it hard to see changes like this is that the dim bulbs in our political media see everything through a horse race lens, where who gets one particular W is the only piece of information worth retaining. You win and you’re clever; you lose and you’re a dumb sucker who tried. Who gets power is really important! But if you only care about that, then you miss the really important trends.
Take the Georgia 6th, the district once represented by Newt fucking Gingrich. Its representative joined Trump’s cabinet in early 2017, at least in part because it was such a supposedly safe Republican seat, so there was a special election for his replacement. Traumatized Democrats and Women’s Marchers threw themselves into the steeply uphill campaign of former John Lewis intern Jon Ossoff. When he came up a few points short, our blue-check media betters tried to turn Ossoff into a punch line stand-in for silly #Resistance liberal losers coping with Trump by losing some more, SUCK IT, MOM! but the other, correct, interpretation is that Ossoff only came up a few points short in a district that was supposed to protect the kookiest of right-wing cranks. His campaign had functioned as kind of an ad hoc boot camp for novice organizers, canvassers, and future school board candidates who had previously been too discouraged and disorganized to take this kind of swing, and it showed Democratic party donors that the district was winnable. So when gun safety advocate and Mother of the Movement Lucy McBath stepped up to the plate in the 2018 midterms, her campaign had the infrastructure it needed, and now she’s well-positioned to be reelected because she’s doing a great job. Meanwhile, Ossoff’s organizing chops and the enthusiastic work his supporters did for Rep. McBath are a big part of why he’s in a dead heat against incumbent Republican Senator David Purdue.
That’s why I’m keeping an eye on the South this year. The presidential campaign there is interesting, but the real story is in those network effects. There’s a rising tide that threatens to make the blue wave of 2018 look like a light spring shower if things break the right way. Just look at the Democratic senate candidates. They’re a diverse group: men and women, Black and white, preacher and fighter pilot. Most are relative newcomers to national audiences, but only some of them are young. Jon Ossoff is just 33; when he was in grade school, Mike Espy of Mississippi was Secretary of Agriculture. What they do seem to have in common is that they are having the time of their fucking lives.
Here’s Espy:
Moving and grooving in McComb. pic.twitter.com/RANCRGGpX7
— Mike Espy (@MikeEspyMS)
October 31, 2020
Ossoff:
The people of Georgia are tired of having a spineless, disgraced politician serve as their Senator. pic.twitter.com/OdaYwFKzmz
— Jon Ossoff (@ossoff)
October 30, 2020
Senator Doug Jones of Alabama:
I know you’ve heard us say it before, but when you see this clip, it bears reappearing: This guy really is clueless. https://t.co/w9YOUHegCW
— Doug Jones (@DougJones)
October 22, 2020
Jamie Harrison of South Carolina:
It's debate night and y'all know I'm going to walk it like I talk it.
Let's see if @LindseyGrahamSC can do the same. pic.twitter.com/TNABxsaTEO
— Jaime Harrison (@harrisonjaime)
October 30, 2020
And the bad bitch with her eye on the big prize, MJ Hegar of Texas:
It's about time Texans had a senator as tough as we are. https://t.co/8MQ8Tykmyt pic.twitter.com/bgPr5vtgdh
— MJ Hegar (@mjhegar)
October 16, 2020
Clutch those pearls, John! https://t.co/iWej8MrhtV
— MJ Hegar (@mjhegar)
October 22, 2020
The spineless bootlicker Hegar is challenging, Senate Majority Whip John Cornyn, is currently resting his dainty patoot in the seat once held by none other than Lyndon Baines Johnson. As president, LBJ would aggressively push for some of the greatest human rights legislation in American history in pursuit of what he called the Great Society. That meant Medicare and Medicaid. It meant a revolution in environmental protections. It meant PBS. And it meant telling the one-party authoritarian regime in the Jim Crow south that America was done with their bullshit, they were going to have real democracy, they were going to do it now, and if they didn’t like it they could eat his ass.
Johnson was a complicated guy and left a complicated legacy. His project required an unusual leader of courage, conviction, and unmitigated savvy, cut with streaks of megalomania and dubious mental health. No architect but Lyndon Johnson would have built the Great Society, and no place but Texas could have built Lyndon Johnson.
Then again, Texas also gave us the Bushes in the late twentieth century. It gave us a terrorist attack on a Biden campaign bus just this weekend.
That darkness is real. So is the long, grinding slog to turn on the light. Like the GA-06 silliness, Democratic efforts in Texas get laughed at as some quixotic waste of resources by arrogant flops. In fact, the past few years of high-profile statewide elections in Texas have been on a pretty clear trajectory. In 2014, Wendy Davis, a state senator from Fort Worth who captured widespread progressive attention with her heroic filibuster of a 2013 state abortion ban, ran for governor. She lost by the ~20-point margin you’d expect in a year where Republicans everywhere did really well, but it was a vitamin B-12 shot to a perpetually overwhelmed state Democratic party. The 2016 Clinton campaign, when it was (correctly!) on the offensive before FBI Director Comey decided he would really prefer a Trump presidency, invested heavily in its Texas ground game. It was always a long shot, but even after the Comey letter and the Texas-specific sabotage by the Russian Internet Research Agency, Texas Democrats cut Trump’s margin there down to single digits. That is to say, they recruited the volunteers and taught the skills and raised the cash and registered the voters to carry the ball way down the field. And in the 2018 midterms, El Paso representative Beto O’Rourke built on all that energy to fight Senator Ted Cruz to a near draw. O’Rourke didn’t quite make it, but he did help a lot of downballot Democrats over the finish line and forced Republicans to light a few oil drums of cash on fire to save a seat that they had always assumed would be safe.
That growth has been possible because of a ton of hard work and persuasion, but it’s also been possible because there was so much untapped potential. As progressives have argued for years, Texas was less of a “red state” than a non-voting state. I’m not a person that usually has a lot of patience for people not bothering to vote, because the people who get to be loud about that are whiny, privileged assholes who can afford to be flip about the right to vote. But there are a lot of people who find it hard because they absolutely do know the weight and importance of voting, because they or their mothers or their grandfathers were beaten and terrorized to keep them away from the polls. They might make the same mouth-noises as the selfish dilettantes about how it doesn’t matter and they’re all corrupt and blah blah blah. But a vote is a tiny little leap of faith. It’s at least a skip of hope. And it hurts to know the weight and importance of that and to keep feeling that disappointment over and over again.
A key thing that Republicans in the South managed to do for a while, but California Republicans didn’t, was to let their misrule seem almost tolerable day to day. As outrageous as the overall trends were, as catastrophic the results were for a lot of people’s lives, it didn’t necessarily feel entirely irrational for lots of people to avoid the inconvenience and disappointment of trying to stop them. But if you’re just going to be a constant, unwavering shit show of incompetence and evil, infuriating people every waking minute of every fucking day for years on end, they’re not going to be deterred by inconvenience and disappointment. They're not going to be deterred by fucking tear gas. They’re going to understand that it’s worth trying to get rid of you, even if it’s a long shot. They’re going to line up to kick you in the shin just for the hell of it. And that’s exactly what millions of them have already done.
These dumbass motherfuckers radicalized Taylor goddamn Swift!
LOOK WHAT YOU MADE HER DO!
So yeah. People who had given up are fucking voting. Texas has already had hundreds of thousands more people vote than voted in all of 2016. BEFORE ELECTION DAY!
Vice President Biden likes to recite a poem by the great Irish bard Seamus Heaney. It’s about how you have to have faith that a better world is possible, even when you don’t have any rational reason to expect it any time soon, because it’s the only way you’ll be able to seize the most precious of opportunities, when “justice can rise up/ And hope and history rhyme.”
Sometimes hope and history walk into a bar to tell dirty jokes for a bachelorette party in downtown Austin. And they rhyme.
For a hundred and fifty years, unreconstructed revanchist terrorist sympathizers have threatened that “the South will rise again.” They mean the treasonous mobsters who called themselves the Confederacy.
Why do those losers get to define the South? Like, literally, they’re losers. They lost.
There’s another South. The terrorists cut it off at the knees, so it never quite rose the first time. But it’s always been there. The South the heroes of Reconstruction tried to build. The South of the Kennedy Space Station and the Center for Disease Control. The South of the French Quarter of New Orleans and the gay neighborhoods of Atlanta. The South of Barbara Jordan, Ann and Cecile Richards, Stacey Abrams, and the young women of the Virginia state legislature. The South of Maya Angelou, Molly Ivins, and Mark Twain. The South of the exiles of Miami and the Cherokee Nation of Oklahoma. The South of Dr. Martin Luther King, Jr. and Representative John Lewis. The South of James Earl Carter, William Jefferson Clinton, and Lyndon Baines Johnson.
Once upon a time, there was a colossus. The richest and most resentful white people feared it, for it was both great and good. So they hunted it mercilessly. They tortured and killed its most vulnerable people. They bound it and silenced it and told the rest of the world it didn’t even exist. But they knew that wicked lie was the best they could do, for something so mighty could never be slain by the likes of them.
The giant grows stronger every day as it struggles against its chains, and those chains are turning to rust. One day soon - maybe in this decade; maybe this week – it will break free. It will rise. And it will shake the earth. Just you watch.
There are three things you need to do in the next few days.
I. If you haven’t voted yet, you need to do that.
If you still have your absentee ballot lying around somewhere, you need to bring it to a drop box or your local elections offices. If you try to mail it in, the regime’s capture of the Supreme Court and sabotage of the postal service may succeed in stealing your vote. Don’t let them.
If you didn’t request an absentee ballot, that’s totally fine, but you need to make your plan to vote now. If your state has early voting, you need to go TODAY.
Absolutely no bullshit games about “oh I’m in a safe state, I can not vote/vote third party/write in my dog.” Do not let anyone get away with saying that shit in your presence. First of all, no state is safe until it’s certified. Second of all, the margin of the popular vote is REALLY IMPORTANT. Any crap these mobsters might be tempted to pull is going to be more difficult and less appealing if there’s a five point Biden win than a one point win, harder and less worth their while still if there’s a nine or ten point blowout. That’s true in any particular state and it’s true nationally. If they think they’re going to contest or throw out votes, AND THEY DO, then we need to have more votes in the bank than they have time to steal.
II. You need to keep your head.
Their plan is to overwhelm everyone with their bullshit. It probably would’ve been smarter not to spend four years teaching us how to tune them out; lucky for us, they’re brainless jackasses.
Their big confusion play seems to be scaremongering if we don’t have a winner called, like, during prime time on Tuesday night. Ignore them. If it takes a few days, it takes a few days. That’s part of making sure the votes get counted. Even recounts and lawsuits in the days and weeks afterward are part of a sensible process. Don’t let these goobers overwhelm you with their shitty Trump fanfiction.
III. You need to prepare yourself for Wednesday, November 4.
I don’t mean emotionally. I mean that you should expect you will need to take some kind of direct action the day after all the votes are cast. Keep an eye on Protect the Results for events near you. If it’s available in your state, download the ACLU mobile justice app and get familiar with it now; if not, at least get the number of your state or local ACLU into your phone. Pack a little knapsack now:
hand sanitizer and a spare mask;
a tiny bottle of whatever OTC pain medication you use, plus a dose or two of any prescriptions you need;
a bottle of water and some snacks you can eat while you’re out;
an extra flannel or sweatshirt;
a photo ID and some bail money might not be the worst idea in the world.
In my opinion – AND THIS IS JUST MY READ ON THE SITUATION, WHICH CAN CHANGE ANY MINUTE – I still think the most likely scenario for next week is pretty similar to the midterms, where Trump goes to bed that night thinking the margins are close enough that he can wriggle his way out of a real loss, but the magnitude of a Democratic landslide gets clear pretty quickly. He doesn’t have the guts for a real fight, and he doesn’t have the psychological ability to absorb a narcissistic injury fast enough to take action. He’s spent years alienating the top brass of the military. He’s spent weeks trying to give his Secret Service detail the ‘rona. (Seriously, what successful coup has included “try but fail to kill a bunch of your armed bodyguards”? I’m genuinely curious.) But that’s the most likely scenario out of a lot of scenarios. It’s not over until it’s over.
People are anxious. They’re disoriented after 2016, when everyone knew Democrats would win a free and fair election but too few people realized that wasn’t what we were having. And they’re discombobulated now, because most Americans don’t have practice waiting for an election that they already know will be unfair. Chances are pretty good that at least a few of these people are in your social media feeds. So you might see a lot of doomporn loser talk about how it’s all rigged and he’s never going to leave anyway and blah blah blah.
Those aren’t misplaced concerns. But there’s a way to talk about them in a way that’s a lot more constructive, and it’s this:
Trump cannot win legitimately. That’s not me reading tea leaves or interpreting polls or whatever. He cut himself off from that possibility with his solicitation of foreign interference, his extortion of foreign leaders and American governors for his own political benefit, his willful destruction of the infrastructure we need in order to have an election, and his incitement of terrorism against journalists, opponents, and voters. He did not want to win an election with any democratic legitimacy and so he won’t.
That doesn’t necessarily mean we’ll win. But I like our chances. Even knowing about so much of his cheating, and being aware that there’s almost certainly more cheating we don’t know about yet, I like our chances.
So let’s do it. Get that ballot in. Use whatever platform you have to remind other people to do the same. Make calls if you can. It’s not too late to chip in to your state party or the DSCC – they’re probably done buying ads, but we should assume they’re going to need money for recounts and lawsuits.
This is it. Crunch time. We can do this. Let’s go.
BUT HIS [SON’S] [IRRELEVANT AND PROBABLY FAKE] EMAILS!
In a world where people were trying to do their jobs, this story would not make sense to anyone, now or ever. But because we live in the dumbest fucking timeline, you need to know the shape of the Trump cartel’s latest disinformation campaign against the American democratic process.
Former Vice President Biden is being attacked through his family, which means that his family’s story is the vital context here. Back in the ‘70s, when he was Senator-Elect Biden, his family was in a terrible car crash. His first wife and their young daughter were killed. His sons Beau and Hunter survived, though Hunter suffered a traumatic head injury. The boys went about 80% Parent Trap to convince their dad to marry his current wife Jill, and both grew up and went to law school. Beau became the attorney general of Delaware before dying of cancer in 2015. Hunter went on to a lucrative career in the private sector despite an intermittent struggle with substance abuse, which is a common aftereffect of psychological trauma and brain injuries.
Republicans generally believe that being a Yale Law grad with a wealthy father and a history of substance abuse qualifies someone for the Supreme Court, but for some deeply principled and intellectually honest reason, they have decided that Hunter Biden’s employment in the field of transportation and energy can only be a sign of spectacular corruption. So nefarious and sinister was the Biden family’s treachery that they managed to destroy every iota of evidence before multiple investigations by Senate Republicans could find any of it!
Obviously this little tabloid narrative was derailed when Trump went and got his dumb ass impeached over it. But it’s the middle of October, Trump’s down ten points in the polls, and he made the mistake of replacing the wildly unethical FBI director who threw the last election for him with a guy who at least knows to act professional, so he’s looking for a Hail Mary pass. In the wackiest of coincidences, some random Trumper had what he says might be Hunter Biden’s various hard drives, one of which apparently contained a backup of his most sensitive videos and text messages, in his computer repair shop. Of course this man did the only sensible thing and, uh, copied every file in the drives one at a time before bringing it to Trump’s TV lawyer, Rudy Giuliani, and then the FBI. Giuliani, who was a former federal prosecutor before becoming the former mayor of New York City and current new bestie of Random Tech Store Guy, handled this situation with the assistance of someone who has a mere “50/50 chance” of being a Russian agent. (Poor old Rudy does appear to have limited communication skills beyond his personal safe space of a noun, a verb, and 9/11.) It’s unclear to me whether Giuliani or Tech Store Guy was the one who shared the hard drives with Steve Bannon, the white supremacist propagandist and former Trump campaign manager who is currently under indictment for fraud.
As with a lot of Trump trash, it’s impossible to describe without sounding like you’re exaggerating for comedic effect, but the stakes are too high for any of it to be funny.
Over the weekend, a right wing tabloid published what it said were emails from one of Hunter’s laptops. (Reporters at that particular tabloid do not believe the story.) The emails don’t show any wrongdoing by the vice president and seem fake for a lot of reasons – but never mind, the bullshit laundering worked well enough to get some supposed actual reporter to harass Vice President Biden about it, and then a bunch of other supposed actual reporters to collapse into their fainting couches when Biden responded with appropriate impatience.
That apparently didn’t have the hoped-for effect. The next day, what appeared to be a series of highly emotional text exchanges between the vice president and his son appeared. There was nothing even vaguely scandalous in these, to a point where it’s not immediately obvious why anyone would bother publishing them. My best guess is that it’s meant to throw Biden off his stride by trying to hurt and humiliate his son, though it may also be an attempt to soften the ground for an even more theatrical reveal.
A lot of Very Serious Politics-Knowers have deluded themselves that the But Her Emails debacle of 2016 was the legitimate kernel of a story that was “blown out of proportion.” But Her Emails was about people a) having some degree of misogyny, conscious or unconscious, which led to a bias against Clinton and b) wanting to tell other people and/or themselves that it wasn’t because she was a woman. They understand that the But Her Emails-ing was a) enormously consequential and b) incredibly dumb. They don’t want to think too hard about that tension, because if they did, they’d have to take responsibility for how the dumb thing became so consequential.
Meanwhile, Trump campaign insiders know better than the rest of us how much they cheated in 2016, but they’re still people and therefore susceptible to the cognitive bias that they got what they wanted because they earned it somehow. The closest thing they had to an above-board strategy was yelling “emails!!” a lot, so they expect yelling “emails!!” to be successful again. They’re just desperately throwing pasta to see what sticks – but Joe Biden is a man, so they’re throwing it at the theory of relativity instead of the refrigerator door.
There are differences between 2020 and 2016 which are significantly less depressing. Trump’s co-conspirators are resorting to ridiculous methods because so many of the key players who made the 2016 operation work are actually facing punishment for some of their crimes. Paul Manafort is under house arrest. Wikileaks guy Julian Assange is in jail. Social media companies, especially Twitter, were prepared to slam the brakes. Some mainstream reporters have refused to learn their lesson from 2016, but others were prepared to be critical. And, I cannot emphasize this last one enough, voters are more prepared for it. So Team Trump isn’t as good at doing the crimes as they were four years ago, even if they were as good at it they wouldn’t be able to use traditional and social media as effectively as they did last time, and even if they could adjust to that they’d have a harder time manipulating us. Maybe it got frustrating and boring for you to hear and talk about the 2016 attack for years on end, but the whole point of that was that we needed to be ready for exactly this scenario. So far, it seems to be working better than I would have hoped.
Obviously, this is infuriating. All else aside, putting this enormous, invasive pressure on a private citizen’s mental health and substance abuse problems is abusive and gross and genuinely dangerous. I don’t give a shit who his dad is, it’s fucking evil. We need to be ready to remember everybody involved in pushing this story – not just the con artists behind it, but the “mainstream” reporters who validated it in their behavior toward the Biden campaign or who spread what were (allegedly) entirely personal text messages of no news value.
But first, we need to win next month. On that front, I want to reiterate what I said when they first started cooking up this story late last year: it’s actually encouraging that they’re resorting to something like this, because it means they’re flailing. They haven’t been able to make FBI Director Wray abuse his power in the way former Director Comey did, despite the fact that the only real tool they had to manipulate Comey four years ago was taunting and pressure from conservative media. They don’t have a cutout like Wikileaks to launder the documents for them. Most importantly, they’re trying to influence voters’ opinions of Biden because they think voters’ behavior still matters. The only thing Trump knows in life is how to get away with a scam. If they thought they had it “rigged” they would be trying to act normal, because spending the three weeks before a heist reminding your marks of what fucking criminals you are doesn’t help you get away with it.
One last thing: this is a less obvious reason why it’s important to vote as early as you can. All these other increasingly desperate stunts depend on the ability to overwhelm everyone all at once, without enough time for them to be debunked or brought back into proportion. The more early votes are in the bank, the less effective their next stink bomb can be, and if it can’t be effective, there are a lot of people around Trump who would rather save their own asses from prison than help him throw it.
As we move into the Republicans’ kamikaze strike to confirm reactionary theocrat Amy Coney Barrett to the Supreme Court, there will be a temptation among some commentators to draw us all into a complicated question about her qualifications. It’s not complicated. It’s simple. Barrett may or may not be an accomplished legal academic or a loving parent or a great carpool buddy. If she were a decent person who deserved the public trust, she would not accept this nomination under these circumstances. If she were an ethical person who could live up to a position of great dignity, Donald Trump would not have nominated her in the first place. As the poet says, when someone shows you who they are, believe them the first time. Barrett showed you who she is when she received and accepted this nomination. Believe her.
Republicans are not rushing to cram Barrett onto the court despite her manifest unfitness for the job, but because of it. They cannot achieve their political goals if a majority of the Supreme Court respects the rule of law, the will of the American people, or even the institution of the judiciary itself. What the rest of us can or should do about a whole political faction having this mindset is a hard question, but the facts of the situation are not complicated.
This is, of course, also why they support Trump. They realize it’s not necessarily going to win them any friends at the country club to say that they’re wannabe fascists groveling to lick the boot of a deranged con man. So they hedge. They disapprove of Trump, they don’t like the tweeting, but …. judges! It’s such a complicated conundrum! The poor dears! Look, if taking over the federal judiciary with a bunch of rabid reactionaries made “should I support the destruction of American democracy or not” a tough call, then they need the rest of us to step in and make it easy for them. If Democrats win in November, the democracy restoration agenda in HR-1 needs to come along with a massive re-balancing the scales of justice. Court reform is long overdue anyway, including a significant expansion of the Supreme Court. The Biden administration must add hundreds of qualified, ethical judges to the federal bench. They don’t need to be radical ideologues to balance out the reactionary Republicans that Moscow Mitch has packed the courts with, they just need to be small-d democrats with a commitment to the rule of law. Progressives can take it from there.
This is both the simplest and the easiest solution to the problem of the poisoned federal judiciary, which is why Democratic presidential nominee Joe Biden and vice presidential nominee Kamala Harris have been asked about it. This is not even a question that has been seriously considered in our lifetimes, so I’d suggest you do the easy thing and listen to the answer.
WALLACE: [I]f Senate Republicans, go ahead and confirm justice Barrett, there has been talk about ending the filibuster, or even packing the court, adding to the nine justices there. You call this a distraction by the president, but in fact it wasn't brought up by the President, it was brought up by some of your Democratic colleagues in Congress. So my question to you as you have refused in the past to talk about it: Are you willing to tell the American people tonight, whether or not you will support either ending the filibuster or packing the court.
BIDEN: Whatever position I take on that, that'll become the issue -- the issue is, the American people should speak. You should go out and vote. We're in voting now, vote and let your senators know how strongly you feel. Vote now, in fact let people know it is your senators. I'm not going to answer the question.
TRUMP: Why won’t you answer the question -- radical left -- well, listen.
BIDEN: Would you shut up, man. (x)
This isn’t wacky Uncle Joe bumbles us into gay marriage, okay. If Biden didn’t want his answer to be news, he could have just said “no” the way he does with other radical-sounding proposals. Instead, he and his running mate are choosing to take heat for their conspicuous refusal to rule it out. You are free to get pundit brain about that if you want, but my suspicion is that they’re giving us an answer without giving Republicans a sound bite. It’s the simplest explanation.
A lot of the politics around the Supreme Court has a kind of soft-focus, sepia-toned Before Times deceptiveness about it. The obfuscation is as thick and persistent as it is because the situation is extremely simple. Several decades ago, Republicans realized they could not win fair and square, so they put a lot of institutional focus and an obscene amount of money into rigging the courts. Cheating is the secret sauce. I realize that’s not a satisfying explanation for years of political dysfunction, but it is what it is.
And yet here we are, six weeks from Election Day, facing the prospect of a Trump-brand replacement for the irreplaceable Ruth Bader Ginsburg.
What you need to do is keep your head for the next few weeks. If that means putting this out of your mind as soon as possible, fine. All you need to know is that anyone this criminal would nominate to the court will be a disaster and anyone who would accept a nomination under these circumstances is wildly unfit to judge a dog and pony show. Republicans really did tell loud and insulting lies all throughout 2016 about why they wouldn’t confirm the replacement for a Supreme Court justice who passed away nearly a year before an election, and they really are out here now mocking the idea that anyone might have had to pretend to believe them then. They will probably succeed in pushing through a sentient garbage fire before the election, but we have to try to make it hurt. All you need to do is call your senators and tell them to honor Justice Ginsburg’s wish by refusing to confirm anyone Trump nominates. Either you’ll hear that they’re trying to do the right thing, which might make you feel better, or you’ll get an opportunity to call a Republican a fascist pig, which always makes me feel better.
If you are going to be following this farce, out of interest or because you can’t block it out, let me help you prepare for some of the bullshit that’s coming at you.
One of the foundational assumptions commentators make is that Democrats don’t “care” about the courts in the way Republicans do. Whenever you hit that assumption, think of this article:
Hillary Clinton Just Delivered the Strongest Speech of Her Campaign—and the Media Barely Noticed
Madison, Wisconsin—Hillary Clinton delivered the strongest speech of her 2016 campaign in Wisconsin this week, and the media barely noticed.
At the time (March 31, 2016) this article was just one of the many passive-aggressive subtweets from responsible commentators that their colleagues were ignoring policy for spectacle. After 2016, when Clinton’s supposed failure to go to Wisconsin has been waved like a talisman against any retrospective concern about whether the presidential election was even free (questionable) and fair (definitely not), it’s the fact that the press ignored a campaign event in Wisconsin which gives it that twist of dramatic irony. But it is also relevant because Clinton’s speech was about why anyone who truly cares about a progressive agenda must prioritize the federal courts as an issue. Since then, the press – who were called out AT THE TIME for ignoring substance generally and this speech specifically – have settled on “Republicans have seized the federal courts because Democrats don’t talk about the courts” as their new just-so rationalization for Moscow Mitch’s latest crime against democracy.
It’s bad enough that influential commentators ignore the substance of Democratic campaigns in favor of airing Trump’s empty podium and then use their own failures as an excuse to lie about whether or not Democratic politicians talk about the courts or any other issue. But the reality is even worse: in 2016 the Democratic candidate gave a brutally prescient speech about the courts, and our blue-check betters collectively decided to lie about WHETHER SHE WAS EVEN PRESENT AT HER OWN SPEECH. Then they used that lie to derail any chance of accountability for the MULTIPLE CRIMINAL CONSPIRACIES her opponent’s campaign committed, or even the slightest hint that they probably shouldn’t have allowed an autocratic regime that regularly murders actual journalists to be their assignment editor at the most important moment of their careers. “I wouldn’t have spent four months helping Russian intelligence dox Clinton campaign employees if only they’d gone to Wisconsin!” is a thing you can say without losing an ounce of standing in the pundit-industrial complex; of course lying about Democratic campaign messaging on the justice system carries even less of a penalty.
I’m ranting a little because RBG deserved to live three hundred years and these gaslighting bootlickers deserved to be flayed alive, boiled in oil, and fed to rabid vampire squirrels. But I also think people should absorb my point about just how rotten the information environment is. There is every political incentive for Democrats not to bother talking about they courts. They do it anyway because they know it’s important.
That terrible information environment has the predictable consequence of misinforming people. Even if you are trying to encourage people to act on this issue because you sincerely care about it, you end up saying ridiculous things sometimes.
Senate Democrats could have stopped Brett Kavanaugh’s confirmation by sacrificing a virgin basilisk under a harvest moon to summon the wrath of the Old Ones, but they didn’t even try!
This is, to put it kindly, rewriting history. Senate Democrats made a herculean effort against Kavanaugh. Even before Christine Blasey Ford’s and Deborah Ramirez’s stories came out, Democrats on the Senate Judiciary Committee made the best case possible for the Senate to reject his confirmation.* After Dr. Ford was outed against her wishes, Democrats used every tool they had to force as much of an investigation as they could get, which drew maximum blood from Republicans, who were always going to do the wrong thing no matter what. Because Democrats did the work, voters got the point in the 2018 midterms. The Kavanaugh spectacle kept Republicans from gaining too much ground in the Senate in a year they should have cleaned up, and it radicalized the educated suburban voters who gave Democrats an unprecedented victory in the House.
None of this worked because Senate Democrats are in the minority, but they did try everything they could possibly have done. It’s true that they did not invent time travel and go back to re-run the 2014 midterms or rewrite the laws of mathematics to make 48 more than 52, because those things are impossible.
When people do the thing you supposedly want them to do, and you respond by stubbornly insisting they never did it, you’re not motivating them to do a better job. You’re telling them they should ignore you because you don’t actually care what they do.
I’m using this tweet as an example of a problem I see a lot, but my point isn’t to dunk too hard on this rando. We’re all a little emotional right now and who amongst us has never responded to stress by being Wrong Online; more importantly, it’s not entirely this person’s fault that they’re misinformed. You’re not supposed to have to be a huge nerd that actually watches Senate committee hearings! You’re supposed to be able to rely on the news to give you a reliable idea of what’s happening!! That’s literally their job!!!
AAAArgh. Okay. I’m back.
So. Okay. There are pervasive failings in news coverage of the politics around the federal courts, which leads to a lot of silly misunderstandings in the public more generally. Even if you work your way through all that nonsense and get to a reasonable understanding, you will find a fairly persistent asymmetry. The Republican establishment really does put a wildly disproportionate amount of effort into building conservative movement infrastructure for right wing lawyers and judges, and until recently, Republican voters really were much more likely than Democratic voters to tell pollsters that they were highly motivated by judicial nominations. Taking these things on face value and saying “oh, well, Republicans care more about the courts” obscures some really important, though disturbing, underlying dynamics.
The professional and intellectual ecosystem behind the conservative legal establishment is one of those situations where you really have to apply the Trunchbull principle. There really are millions and millions of dollars pumped into think tanks which invent bizarre excuses for radical right-wing subversion of the public interest by judicial fiat, extravagant “retreats” where sitting judges are alternatively pampered and bombarded with the resulting propaganda, and clubs which indoctrinate young conservative law students and vet them for career advancement based on their fealty to right-wing dogma. Describing what the Republican establishment is doing sounds fevered, conspiratorial hyperbole. I wish it were! If you don’t want to take my word for it – and I really wouldn’t blame you – you can get a lot of gory details from Vox.com’s courts and justice editor Ian Millhiser and Senator Sheldon Whitehouse (D-RI).
Senator Whitehouse’s main thesis is that these radical right-wing interests understand that a hostile takeover of the federal judiciary is in their financial interests, and that’s definitely sufficient to explain it. My personal sense is that there’s a second, even more unsettling, dimension to this. Article III of the Constitution deliberately insulates the federal judiciary from political pressure as much as possible. Another way of saying that, of course, is that the federal judiciary is removed from democratic accountability. I don’t think it’s just that the economic policies they want are unpopular. I think the investment in this judicial takeover project is motivated in part by the American right wing’s dark authoritarian streak. They value the judiciary because it’s the most leverage they can get against the electorate. “Judges!” is anti-democratic and that’s why they like it. It’s not just that they want things the voters don’t want so they have to get creative; it’s that they resent the voters for even having the ability to get in their way.
It’s not just the dedication to getting judges they agree with on the courts. It’s also the degree to which they expect those judges to humiliate themselves. They’ve had ten years and roughly the GDP of a small country at their disposal to come up with a challenge to the Affordable Care Act which did not sound like unhinged gibberish. Instead, they came up with the legal equivalent of a drunk guy trying to write a sonnet in Dothraki with a yellow crayon. (Actually that might be an improvement, so NOBODY TELL THEM ABOUT DRUNK DOTHRAKI CRAYON SONNET GUY.) It’s such a stinker that you hav to wonder if it isn’t the same phenomenon as what drives Trump and other autocrats to tell such blatant and ridiculous lies: it’s a power trip that shows off how they don’t even have to care about what “is true” or “makes sense,” because fuck you, that’s why. So what if an overwhelming majority of the American people have successfully convinced their elected representatives that health care costs were too much of a driver of economic inequality and limits on that are a good thing? We can still wreck it, because [*long fart noise*].
And if you listen to what Republicans say about the Supreme Court with that in mind, it starts to make a lot more sense. Under cover of mainstream apathy or even approval, the court gives conservatives unearned victory after unearned victory. If you’re a conservative, you’ll want to avoid killing that golden goose by making the court’s bias toward you completely undeniable. But if you’re a fascist, your priority is getting the court to commit. Any concession to truth or democracy, even if it’s just lip service, seems like a crack in the wall that your enemies can exploit, because it is.** As funny as it is to watch their little Pravda knockoff cry about John Roberts, Leftist Judas, this is what they mean: sometimes he tries to preserve the fiction that he hasn’t turned the Supreme Court into an arm of the radical right, which means they don’t win 100% of what they want immediately. Even Neil Gorsuch – hack, sadist, full-time Mayor Wilkins impersonator – can actually be cajoled into doing the right thing occasionally by lawyers who can craft an argument that fits into his crimped, cherry-picked definition of logic.
Like I said. Dark. I don’t want to overwhelm and discourage you. I think their absolutism and desperation is because even they know the victories they’ve won can slip away fast. But deluding ourselves hasn’t been constructive.
For their part, rank-and-file Republicans say they care about the courts. Fine. Republicans say a lot of things. They don’t think saying true things is important; if they did, they wouldn’t be Trump voters. Years before Trump, Republican voters learned how to give reporters and pollsters certain buzzwords to make their worst views sound more palatable. People are starting to grasp this with the “pro-life” white evangelicals who say they care about abortion on religious grounds. They support Trump as strongly as ever, despite the babies in cages, forced hysterectomies, and hundreds of thousands of COVID-19 deaths proving that neither he nor his party are in any way “pro-life.” It’s because “abortion” is the way they can get away with saying they support white patriarchy. Trump isn’t their guy despite his sleaziness, it’s because “grab ‘em by the pussy” has always been their actual preferred policy. “Law and order” is their dogwhistle for anti-Black racism. “Immigration” is the world they use when they mean they want more racism generally; pre-Obama, the preferred code phrase was “national security” but we’ve all seen how much of a shit they give about that.
As code words go, “judges” is less direct. Some commentators who try to parse it say it’s really about Roe v. Wade, but as we just went over, they don’t actually give a shit about that either. For some of them, “judges” is a sufficiently abstract rationalization for supporting Republicans when they know it is morally indefensible. This was probably a more pronounced issue than usual in 2016, both because it was so much harder to defend a vote for Trump and because of his inconvenient habit of giving the game away on the usual shibboleths. For others, “judges” represents the same thing it does for Republican elites.
I don’t know how conscious any of this is. I’m sure plenty of them have convinced themselves of whatever rationalization they give. Because we’re pretty good at fooling ourselves, what people say in opinion polls doesn’t necessarily tell us more than what they do when they’re not being prompted by pollsters. When Justice Scalia died four years ago, you didn’t thousands of people coming out to grieve for days on end. Little kids don’t dress up on Halloween as Chief Justice Roberts. RBG didn’t inspire that devotion by being a warm and gracious soul, although by all accounts she was. Liberals and progressives developed our sincere admiration of her because of her work on the bench. That is to say, Democratic voters care a great deal about the court. We just have to get our act together and do something about it.
The bad news is that winning in November is going to be the easy part. The good news is, we are getting organized behind some reforms that have been needed for many years. It’s not just Extremely Online progressives who are pushing for this. Even cool-headed institutionalist Democrats are openly advocating radical action. Democratic leadership are unlikely to get too specific right now – and they probably shouldn’t – but if voters do our job in November, some big and important changes are on the table.
*Footnoted because it isn’t really relevant, but Senate Democrats flawlessly executed a precise and coordinated strategy against Kavanaugh. The first few members to question Kavanaugh each focused on a specific issue tailor-made to give one or two of their Republican colleagues a reason to do the right thing. Then, boom, sucker-punch, Cory Booker started releasing the embarrassing emails Republicans were abusing committee rules to hide. Then, bam, left hook, Kamala Harris tripped him up by making him try to deny having been asked for assurances on the Mueller investigation. They did a great job, which everyone forgot about when someone threw Dr. Ford to the wolves.
**This is also a big part of why conservatives feel so instinctively victimized by the existence of a “liberal media” no matter how hard the political press bends over backwards to pound both thumbs on the scale for them. A free press actually is necessary for the functioning of the whole post-Enlightenment idea that people should have some say in how they are governed. If you’re an authoritarian who genuinely does feel that might makes right, then a somewhat functioning news media does at least pose a hypothetical threat to your power and even your worldview.
“How can she get away with it?” Lavender said to Matilda. “Surely the children go home and tell their mothers and fathers. I know my father would raise a terrific stink if I told him the Headmistress had grabbed me by the hair and slung me over the playground fence.”
“No, he wouldn’t,” Mathilda said, and I'll tell you why. He simply wouldn't believe you."
"Of course he would."
"He wouldn't," Mathilda said. "And the reason is obvious. Your story would sound too ridiculous to be believed. And that is the Trunchbull's great secret."
"What is?" Lavender asked.
Mathilda said, "Never do anything by halves if you want to get away with it. Be outrageous. Go the whole hog. Make sure everything you do is so completely crazy it's unbelievable."
Now we must mourn another of our giants. Supreme Court Justice Ruth Bader Ginsburg has died.
Ginsburg, AKA the Notorious RBG, was a pop culture icon because she was surprising: a tiny, painfully shy woman who raised her soft voice to brutalize polite rationalizations for galling injustices. Even before she became a judge, she changed the world radically with her masterful skill in the stuffy, conservative legal establishment. She was practical, rational, and committed to her bedrock principle of human equality; she was also singular in her ability to speak her magic words, strip our collective civic truth bare, and bring power to heel.
What made her a hero and a legend was her relentless understanding of the stakes in every case. When the night was darkest, Justice Ginsburg had a clear-eyed view of its perils. When it felt like the day had been definitively won, she could see the dangers lurking around the corner. When the Very Serious People tried to lull you into complacency, she sounded the alarm. When the powerful wanted you to feel subjugated and alone, she piped up to remind them that she was no such thing - and neither, by extension, were you.
Ginsburg’s final public statement, as dictated to her granddaughter, was this: “My most fervent wish is that I will not be replaced until a new president is installed.” Her dying wish was that she would not be replaced at the whims of an impeached, illegitimate, lawless, pussy-grabbing bigot. Her final act was to use her inimitable voice to help us fulfill that wish.
Justice Ginsburg was second to none of her colleagues and predecessors on the bench in her commitment to Americans’ right to vote. To honor her life, you must share her iron grip on what is important. You must vote, yes. You must do what you can to help others vote. For the next few weeks, you must speak from whatever platform you have with urgency and precision about what we all stand to lose.
May she rest in peace and power. May her memory be both blessing and revolution.
This post might sound alarmist because I don’t know the respectable, non-alarmist way to put this. He’s going full final-days-in-the-Fuhrerbunker. I want to be alarmist. We need to be alarmed.
On one level, I’m pretty sure you know this. You can probably see a vague reference to “what happened in Portland” and know exactly what the writer means. Unidentified little green men in military-style fatigues deployed against peaceful protesters. Protesters kidnapped off the streets in “proactive arrests.” ordered by someone illegally acting as the head of DHS. Journalists attacked. Middle-aged women beaten and tear-gassed. The mayor of Portland tear-gassed. It was, of course, worse than it looked, and only the most telegenic of concurrent power grabs.
But it’s really hard to stay at the appropriate level of alarm for even three hours – and we need to stay there for the next three months. It’s exhausting no matter what, and nearly all of our current information environment makes it even more difficult than it needs to be.
Most of what the mainstream media has to say about the election isn’t reporting so much as it is fanfiction. Characters with familiar names and recognizable faces feature in an alternative universe where “normal” political forces (which were defunct ten years ago) apply. Sniping about “messaging,” pathologically boring lectures about “enthusiasm” – it would be annoying anti-Democratic concern-trolling in a world where a free and fair election could be taken for granted. In the real world of powerful and accelerating anti-democratic threats, it is both dangerous and bizarre, like dumping a fifth of vodka into a Super Soaker and trying to use it to put out a brush fire.
The mainstream conversation is so disorienting that it’s understandable why there are also a fair amount of influential progressive commentators who have burrowed themselves into the reverse narrative. It doesn’t matter what we do, Trump is just going to steal the election anyway; it doesn’t matter if he loses, he’s going to refuse to leave anyway. A subset of these fatalists swing all the way around to conventional Pundit Brain: Trump has already blown up all the rules of democratic politics because Democrats aren’t using the One Weird Trick that would make them good at democratic politics!*
Before jumping down the rabbit hole of whether these narratives are true, it’s important to emphasize that they are not constructive. We are in a crisis. In a crisis, you need to help people understand that something abnormal is happening AND that there is something they can do to make things better. Communicating to people that things are fine, as the mainstream horserace normal politics model does, isn’t helpful, because it helps people rationalize the false but comforting belief that everything is fine. Communicating to people that things are hopeless, as the doom-mongering counternarrative does, is even less helpful. If you’re acting normal about something abnormal, there’s at least the off-chance you’ll get lucky and unwittingly bluff your way through the short- and medium-term. But if you’re constantly getting the message that you’re screwed no matter what, it’s human nature to either a) go into denial and double down on an unproductive response, which is irrational but understandable or b) get cynical and give up, which is an entirely rational response to a situation that actually is hopeless.
Trump is already trying to steal the 2020 election. He has help from the henchmen he has put in charge of important federal agencies and from the white-shoe lifers in the Republican legal establishment. Anything you can imagine he might do, you should assume he has at least considered it. He will consider things that would never even occur to you.
He hasn’t succeeded yet. He can be stopped with overwhelming turnout. We know this because of the 2018 midterms. Autocrats who are successfully smothering a democracy do not allow the opposition party to win partial or full control in regional governments, take over half the federal legislature, and gain a foothold in the presidential line of succession. That’s not how autocracy works. If you come across a commentator who is under the impression that a burgeoning dictatorship just gives away that kind of power for the lulz, consider taking that person’s opinions on the subject with a grain of salt.
Thanks to the 2018 midterms, House Democrats have been able to foil some of Trump’s schemes and warn the public about others. Even with Individual 1’s desperate thrashing at the intelligence agencies, we’re getting a lot more specific information about Russian attacks on the election than we were this time in 2016 from the Obama administration.
One more important thing we learned in 2018: just because Trump would do something, doesn’t mean he will. Here’s the Once and Future Speaker a few weeks after reclaiming her title:
At least Trump “didn’t declare the election illegal,” Pelosi said. “We had a plan for that” — though really, she acknowledged, the only workable plan was “to win big. Had it been four or five seats, he would’ve tried to dismantle it.” In his news conference the day after the midterms, Trump spoke respectfully of Pelosi….
The Spectacularly Failed New York Times buried the lead as usual, but there are a few really important points packed in here. Democrats did, in fact, have a plan for that, which you’re going to need to remind yourself if you try to follow political commentary in the next few months. For whatever reason, a surprising number of supposedly anti-Trump writers are eager to undermine Trump’s opposition with false claims that Democrats are bumbling naifs who in 2020 still haven’t realized that Trump might not respect the results of an election.** This demoralizing premise is, as you can tell from the Wayback Machine link, not true, but for some reason it remains a popular lie, so it’s worth debunking.
More importantly, we didn’t know about the plan until afterward because they didn’t need it. Trump has blinked before, so there’s no reason to assume he won’t blink again. We shouldn’t assume he will do the same thing in 2020 that he did in 2018, because it’s a different situation! Just that people who have assumed Donald Trump will act in a completely different way than he has in the past usually end up with egg on their faces.
My two cents – AND THIS IS JUST MY OPINION SO YOU CAN SKIP IT – is that any kind of post-election autocratic power grab would probably need decisive action from Trump within days, maybe even hours, of polls closing. That, in turn, would require Trump to absorb the narcissistic injury of a loss immediately, which he has been psychologically incapable of doing for the first 74 years of his life. Remember, he didn’t have to come to terms with the curb-stomping he received in the midterms right away. At first he could tell himself that Republicans holding onto the Senate (by the skin of their teeth when they should by all rights have swamped it, but whatever) represented a “split decision” and even a moral victory for him, so he could afford to go into, like, con man autopilot mode and try to charm “Nancy.” Everyone else adjusted to the Democratic victory the next day, and the next night, people got into the streets warning him not to try any bullshit. It was only after bigger districts finished counting and mail-in ballots were counted that it sunk in for him how badly he had lost and what the consequences would be. Then he soothed himself by shutting down the government indefinitely, which he seemed to feel was a display of his power – until “Nancy” pantsed and dog-walked him so he had to slink off and pretend it never happened.
If an election which was more or less as legitimate as the 2016 election (questionable but not Belarus) were held today, I think the most likely result would be a scenario a lot like the midterms: East Coast states make it clear which way the wind is blowing to most people, but Trump goes to bed at 3 AM thinking he’s close enough to fight it out in court. Over the next couple of weeks the mail-in ballots get opened, Miami and Philadelphia finish counting, and the real numbers start penetrating even his toxic bubble. Eventually someone reminds him that his armed Secret Service detail can escort him off the premises no matter what he does, so he loses what little nerve he has and skips Biden’s inauguration to go golfing at Mar a Lago. Or maybe Sochi.
But again, that is not a guarantee or even a prediction. The FACT is that anything can happen in the next three months, and Trump and his goons are putting a lot of effort into ensuring that everyone does happen. I spelled out my opinion of what seems most likely at the moment because it can get really easy to dwell on the worst-case scenario, which leads to fatalism and inaction. The least-bad scenario is actually more plausible than it’s been for the last few years, if we motivate ourselves to get it done. We can’t waste all our time and energy thinking about what he’s going to do, because we need to think about what we’re going to do. Voting is the core issue as always, but it helps to be more concrete.
If your state has early in-person voting, and if you can do so safely, vote in-person as soon as you can. Every state’s vote by mail infrastructure was going to be strained this year before these dirtbags decided to sabotage the postal service. If you can cast your vote early, you can help make the lines a little shorter on Election Day while leaving vote by mail resources for people who need them.
If you are a person who needs vote by mail resources for whatever reason, use them! Request your ballot now. Fill it out and return it as soon as you get it. You might not have to mail it back – your county may have drop boxes, or maybe someone can bring it to the local elections office for you. If that’s a safe option for you, please take advantage of it. If it’s not a safe option, mail your ballot back as soon as possible. You’re not helping anyone from the ICU.
If you and the people you live with are relatively low risk, or if you’ve survived COVID and your health care provider thinks you have immunity for the next few months, consider volunteering as a poll worker. Usually a lot of poll workers are retirees, who are by definition in a high-risk group. If enough of them decide to sit this year out – and that’s the smart, responsible choice – then polling places end up closing, which helps Republican voter suppression by making the lines longer. The more volunteers your area has, the more polls they’ll have open, which makes it that much easier to let people vote quickly and at a safe distance from each other.
This last one isn’t directly about voting, but it’s still pretty important: get used to pushing back on bullshit. There already is another effort to drive down turnout by inundating voters with disinformation. Last time we weren’t ready; this time, we have no excuse.
*Avoiding sources because this stuff is toxic. If you think I’m making this up because you haven’t seen it anywhere, good.
**Look, nobody*** is more sympathetic to The Men and their psychological frailties than me, but seriously, guys, some of you need to log the hell off for a few days.
***For certain non-traditional values of “nobody.”
The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected, whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.
He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil Power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefit of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences:
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies
For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments….
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation, and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.….
He has excited domestic insurrections amongst us, and has endeavoured to bring on…. Savages whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
