Heather Cox Richardson

March 27, 2022 (Sunday)

People write to me to ask why I have hope in our future despite all the trouble in the world, and the answer is always: I have faith because of you.

The biggest miracle about these Letters from an American is the community that has gathered around them. It is made up of decent, principled, smart, creative, and thoughtful people from all around the world, and it is a never ending source of wonder to me that I have the extraordinary opportunity to meet many of you and to eavesdrop on your conversations as you work together to move our country, and our world, forward.

I’m going to go to sleep tonight instead of writing, so am sharing this image from my friend Peter for my friend Nadia, from Maine to Ukraine, because we are all in this together.

I’ll see you tomorrow.

[Photo, “Beyond,” by Peter Ralston]

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I think we all see what Peter did there. :blush:

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Quick, the red phone. Direct line to the Kremlin.

Over It Whatever GIF by Satisfied Customer

March 28, 2022 (Monday)

Today, United States District Judge David O. Carter of the United States District Court for the Central District of California ordered John Eastman to disclose 101 documents to the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Eastman is a former law school dean at Chapman University and author of the Eastman memo outlining a plan for Vice President Mike Pence to throw the 2020 election to Donald Trump. He also spoke at Trump’s January 6 rally on the Ellipse, lying to the crowd: “We know there was fraud…. We know that dead people voted.” Now he will have to share his communications about the events of January 6 with the January 6th Committee.

The backstory to this lawsuit is that on November 8, 2021, the January 6 Committee subpoenaed Eastman’s testimony and disclosure of documents and emails sent or received by Eastman between November 3, 2020, and January 20, 2021, related to the Capitol attack. Eastman testified before the committee on December 3, 2021, but asserted his Fifth Amendment right against self-incrimination 146 times. He also refused to produce any documents, again asserting his Fifth Amendment rights.

So on January 18, 2022, the January 6 Committee subpoenaed Eastman’s emails from Chapman University—it had parted ways with Eastman by then—which initially collected 30,000 documents off its servers. The January 6 Committee then worked with Chapman to winnow down those results, ending up with just under 19,000 documents.

Eastman then tried to stop that document production. The court refused to agree. When Eastman appeared to be delaying disclosure, the court ordered him to focus on emails from January 4–7. On February 22, 2022, Eastman sued Representative Bennie G. Thompson (D-MS), chair of the January 6 Committee, and Chapman University to prevent disclosure of certain emails, claiming that 111 of them from January 4–7 should not be disclosed because they are covered by attorney-client privilege, with the “client” being Trump. The committee disagreed.

So Judge Carter personally examined the contested documents to decide if they should be disclosed or kept private. He concluded that 10 were indeed covered by attorney-client privilege because they did not involve Trump or involved litigation that was not covered by the subpoena. The other 101 must be disclosed.

That disclosure is important. But far more important is what is in Carter’s decision. It lays out, point by point, what depositions have now told us about the actions of former president Trump in the days before January 6, and explains what those actions mean.

Judge Carter explains how Trump and Eastman fostered the public belief that the 2020 presidential election was tainted by fraud, despite the lack of evidence for that claim. They urged state legislators to question the results of the election. On January 2, 2021, Trump and Eastman hosted a briefing urging several hundred state legislators from states Biden won to “decertify” the electors.

The same day, January 2, 2021, Trump called Georgia secretary of state Brad Raffensperger to get him to throw the election to Trump. Raffensperger refuted all of Trump’s arguments, “point by point,” and told him “the data you have is wrong.” Trump insisted he just wanted to find 11,780 votes, one more than Biden received to win the state.

The next day, January 3, Trump tried to remove the acting attorney general, Jeffrey A. Rosen, who had replaced Attorney General William Barr when he resigned on December 23, 2020, and replace him with Jeffrey Clark, who planned to write a letter to certain states Biden won, telling them that the election might have been stolen and urging them to decertify the electors. Richard Donoghue, the acting deputy attorney general at the time, told the January 6 Committee that the White House counsel, Pat Cipollone, described Clark’s proposed letter as a “murder-suicide pact” that would “damage everyone who touches it” and said “we should have nothing to do with that letter.” When high-ranking officials in the Department of Justice warned they would resign together if Trump appointed Clark, he did not do so.

Judge Carter outlined how in the months after the election, sources from members of Trump’s inner circle to statisticians told Trump and Eastman that there was no evidence of election fraud. Christopher Krebs of the Cybersecurity and Infrastructure Security Agency said that “[t]he November 3rd election [was] the most secure in American history,” and that it found “no evidence that any voting system deleted or lost votes, changed votes, or was in any way compromised.” An internal memo from the Trump campaign said the fraud claims about Dominion voting machines were baseless. In early December, Barr said publicly there was no evidence of fraud, and on December 27, Donoghue told Trump that after “dozens of investigations, hundreds of interviews,” the Justice Department had concluded that there was no evidence of voter fraud that had changed the election results.

Still, Trump insisted that the Department of Justice should say that the election was fraudulent.

By early January, courts had rejected more than 60 cases relating to accusations of fraud, owing to lack of evidence or lack of standing.

By late December, Eastman wrote a memo proposing to reinstate Trump by getting Pence to reject the certified electoral votes from states Trump claimed to have won. If Pence rejected the votes from those states, Trump would win. Alternatively, Pence could send the election to the House of Representatives, where each state would get a single vote and Republicans had a majority of the states, and elect Trump that way. Eastman wrote: “[t]he main thing here is that Pence should do this without asking for permission—either from a vote of the joint session or from the Court.”

Eastman expanded on this a few days later, saying that the plan was “BOLD, Certainly. But this Election was Stolen by a strategic Democrat plan to systematically flout existing election laws for partisan advantage; we’re no longer playing by Queensbury Rules.”

On January 4, Trump and Eastman pressed Pence, Pence’s lawyer Greg Jacob, and Pence’s chief of staff Marc Short to reject the electors or delay the count. Pence insisted he did not have the authority to do either of those things.

The next day, Eastman again pressed Jacob and Short to follow his plan. Jacob has testified that Eastman admitted his plan was “contrary to consistent historical practice, would likely be unanimously rejected by the Supreme Court, and violated the Electoral Count Act on four separate grounds.” Nonetheless, Eastman and Trump continued to pressure Pence to follow it.

At 1:00 am on January 6, Trump tweeted, “If Vice President [Pence] comes through for us, we will win the Presidency…. Mike can send it back!” At 8:17 am, he tweeted, “States want to correct their votes…. All Mike Pence has to do is send them back to the States, AND WE WIN. Do it Mike, this is a time for extreme courage!” Then Trump called Pence twice, reaching him on the second attempt and berating him for “not [being] tough enough to make the call” to reject or delay the electoral votes.

At the January 6 rally on the Ellipse, Eastman and Trump spoke to explain the plan to the attendees and those watching at home. Trump’s lawyer Rudy Giuliani introduced Eastman as the professor who would explain how the Democrats cheated. Eastman told the crowd that they just wanted Pence to “let the legislators of the state look into this so we get to the bottom of it, and the American people know whether we have control of the direction of our government, or not. We no longer live in a self-governing republic if we can’t get the answer to this question. This is bigger than President Trump. It is a very essence of our republican form of government, and it has to be done. And anybody that is not willing to stand up to do it, does not deserve to be in the office. It is that simple.”

Following him, Trump praised Eastman as “one of the most brilliant lawyers in the country” who looked at this and he said, ‘What an absolute disgrace that this can be happening to our Constitution.’… Because if Mike Pence does the right thing, we win the election….”

Pence rejected the plan publicly, and at 1:00, members of Congress, gathered in joint session, began to count the electoral votes. Trump urged his supporters to walk with him up to the Capitol, saying: “[I]t is up to Congress to confront this egregious assault on our democracy. And after this, we’re going to walk down, and I’ll be there with you, we’re going to walk down, we’re going to walk down…. [W]e’re going to try and give our Republicans, the weak ones because the strong ones don’t need any of our help. We’re going to try and give them the kind of pride and boldness that they need to take back our country. So let’s walk down Pennsylvania Avenue.”

After the speech, Trump went back to the White House while several hundred protesters stormed the Capitol. Even after he had been informed of the violence, Trump tweeted at 2:24 pm: “Mike Pence didn’t have the courage to do what should have been done to protect our Country and our Constitution, giving States a chance to certify a corrected set of facts, not the fraudulent or inaccurate ones which they were asked to previously certify. USA demands the truth!”

During the riot, Pence’s lawyer Greg Jacob emailed Eastman that the rioters “believed with all their hearts the theory they were sold about the powers that could legitimately be exercised at the Capitol on this day…. [a]nd thanks to your bullshit, we are now under siege.” Eastman responded: “The ‘siege’ is because YOU and your boss did not do what was necessary to allow this to be aired in a public way so the American people can see for themselves what happened.”

Trump eventually released a video asking the rioters to leave the Capitol but saying “We love you, you’re very special. You’ve seen what happens, you see the way others are treated that are so bad and so evil. I know how you feel.” At 6:00 pm, he tweeted: “These are the things and events that happen when a sacred landslide election victory is so unceremoniously & viciously stripped away from great patriots who have been badly & unfairly treated for so long. Go home with love & in peace. Remember this day forever!”

Eastman continued to press Pence to delay the count until almost midnight on January 6.

Judge Carter concluded that Trump’s actions “more likely than not constitute attempts to obstruct an official proceeding.” He also concluded that “Trump likely knew the electoral count plan had no factual justification.” The plan, Carter wrote, “was a last-ditch attempt to secure the Presidency by any means.” He also found that “it is more likely than not that President Trump and Dr. Eastman dishonestly conspired to obstruct the Joint Session of Congress on January 6, 2021.”

Eastman and Trump “launched a campaign to overturn a democratic election, an action unprecedented in American history,” Carter wrote. “Their campaign was…a coup in search of a legal theory…. If [the] plan had worked, it would have permanently ended the peaceful transition of power, undermining American democracy and the Constitution. If the country does not commit to investigating and pursuing accountability for those responsible, the Court fears January 6 will repeat itself.”

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March 29, 2022 (Tuesday)

Yesterday, a decision by Judge David Carter said that Trump had more likely than not committed a federal crime when he was part of a conspiracy to obstruct Congress’s count of the votes of the Electoral College on January 6, 2021. Today, a Trump spokesperson called yesterday’s decision “absurd and baseless.”

But the investigation into the events of January 6 is producing more and more evidence about the attempt to overturn the results of the 2020 election, and it is neither absurd nor baseless.

Today, journalists Bob Woodward and Robert Costa broke a story about the internal White House records turned over to the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol. Those records show previously unreported brief calls on the morning of January 6 between then-president Trump and unofficial advisor Stephen Bannon and between Trump and his personal lawyer Rudy Giuliani. They also show a ten-minute phone call with Representative Jim Jordan (R-OH), who was, as Woodward and Costa note, “a key figure in pushing fellow [Republican] lawmakers to object to the certification of Biden’s election.”

Trump also talked for 26 minutes with senior advisor Stephen Miller, who had publicly pushed the idea that alternative electors from contested states would replace the official electors who cast ballots for Biden. Trump then talked, cryptically, “to an unidentified person.”

And that was the last call identified before a seven hour and 37 minute gap in Trump’s phone logs. This blackout includes the crucial hours in which the Capitol was under attack. There is no record of any calls to or from Trump for 457 minutes, from 11:17 am to 6:54 pm.

Since there have already been reports of a number of phone calls during that time, including calls to Senator Mike Lee (R-UT) and House Minority Leader Kevin McCarthy (R-CA), the committee is now investigating whether Trump hid his calls or communicated through the phones of his aides, or perhaps through unsecure “burner” phones, cheap prepaid mobile phones that are untraceable and are thrown out when no longer needed. Trump tried to kill this idea by saying in a statement: “I have no idea what a burner phone is, to the best of my knowledge I have never even heard the term.”

But former national security advisor John Bolton contradicted that, saying he personally heard Trump using the term “burner phones” in several discussions and had discussed with him how burner phones helped people keep phone calls secret. Trump’s lawsuit against his niece Mary Trump and the New York Times repeatedly used the term “burner phone.” In November 2021, Hunter Walker of Rolling Stone reported that the organizers of the January 6 events used burner phones to communicate with the White House and the Trump family, including Eric Trump, his wife Lara Trump, and chief of staff Mark Meadows.

The news of this gap in the record is significant because Trump and his allies have maintained that they were challenging the election results because they honestly believed the results were false, and that they believed they were operating within the law.

If so, why the seven-hour blackout?

The missing logs might not, in the end, obscure any phone calls made in that time, though, not only because witnesses can fill in some of the holes, but also because last summer, the January 6 Committee instructed 35 telecom and social media companies to preserve records of calls. When news broke today of the missing records, Crooked Media editor in chief Brian Beutler recalled McCarthy’s threat to punish telecom companies that cooperate with the January 6 Committee.

The ten-minute phone call with Jordan suggests that the 139 members of the House of Representatives who objected to the counting of the certified ballots were perhaps not simply making a protest vote, but rather were part of a larger organized Republican effort to steal the election. That story dovetails with yesterday’s story by Michael Kranish in the Washington Post about Senator Ted Cruz (R-TX), who worked hard to keep Trump in power despite the will of the American voters, intending to lay the groundwork for his own presidential bid in 2024.

Cruz and John Eastman, the author of the Eastman memo outlining a strategy for then–vice president Mike Pence to throw the election to Trump, have been friends for close to 30 years, since they clerked together for then–U.S. Appeals Court judge J. Michael Luttig. While Eastman presented a plan by which Pence could refuse to count Biden’s electors, Cruz wrote a plan for congress members to object to the results in six critical states that Biden won, establishing a 10-day “audit” that would have enabled Republican-dominated state legislatures to overturn the election results in their states. Ten other senators backed Cruz’s plan, offering a path to create enough chaos to keep Trump in power.

Luttig told Kranish that Cruz was central to the events of January 6. Contesting the states’ electoral votes required one senator and one representative for each state. Then–Senate majority leader Mitch McConnell (R-KY) made an effort to keep his caucus from working with representatives who planned to challenge the count. But junior senator Josh Hawley (R-MO) broke ranks and said he would join the challenges. Not to be outflanked by Hawley on the right, Cruz immediately stepped aboard the train and brought 10 senators with him. “Once Ted Cruz promised to object,” Luttig said, “January 6 was all but foreordained, because Cruz was the most influential figure in the Congress willing to force a vote on Trump’s claim that the election was stolen.”

Along with Representative Paul Gosar (R-AZ), Cruz was the first to challenge an electoral ballot: that of Arizona.

Cruz’s plan was similar to a plan White House advisor Peter Navarro explained in fall 2021 called the “Green Bay Sweep.” According to Navarro, that plan was to block the counting of electoral votes until public pressure forced Republican-dominated state legislatures to overturn the election results and give the presidency to Trump. (It is worth noting that Navarro’s plan absolves Trump of responsibility for the Capitol violence, and seems to have been deployed in part for that reason.)

Cruz’s spokesperson said the senator “does not know Peter Navarro, has never had a conversation with him, and knew nothing about any plans he claims to have devised.”

Navarro has his own problems. Yesterday, the January 6 committee moved to hold him and another Trump aide, Dan Scavino, in criminal contempt of Congress, sending the resolution to the full House for a vote. Navarro has ignored the committee’s subpoena, saying—falsely—that Trump had asserted executive privilege over his testimony and so he could not testify, despite the fact he had written extensively about his participation in the attempt to overturn the election. Scavino, Trump’s director of social media, has also ignored the committee’s subpoena.

A budget proposal from the Department of Justice yesterday revealed that it wants 131 more lawyers to handle January 6 cases. In the request, Deputy Attorney General Lisa Monaco said, "Regardless of whatever resources we see or get, let’s be very, very clear: we are going to hold those perpetrators accountable, no matter where the facts lead us,… no matter what level.”

Today, on a right-wing news show, Trump appeared to try to change the subject and regain control over the political trends when he called for Russian president Vladimir Putin to release dirt on the Biden family, since “he’s not exactly a fan of our country.” Russian state TV featured a Russian government official calling for “regime change” in the United States, asking the people of the U.S. to replace President Biden with Trump “to again help our partner Trump to become President.”

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March 30, 2022 (Wednesday)

CBS News has hired Mick Mulvaney as a paid on-air contributor. In his first official appearance on Tuesday morning to talk about President Joe Biden’s budget proposal, anchor Anne-Marie Green introduced Mulvaney as “a former Office of Management and Budget director,” and said, “So happy to have you here…. You’re the guy to ask about this.”

Mulvaney was a far-right U.S. representative from South Carolina from 2011 to 2017, when he went to work for then-president Trump as the director of the Office of Management and Budget. While in that position, he also took over as acting director of the Consumer Financial Protection Bureau, the government organization organized by Senator Elizabeth Warren (D-MA) after the financial crisis of 2008. In its first five years, the CFPB recovered about $11.7 billion for about 27 million consumers, but in Congress, Mulvaney introduced legislation to abolish it. At its head, Mulvaney zeroed out the bureau’s budget and did his best to dismantle it.

While retaining his role at the head of the Office of Management and Budget, Mulvaney took on the job of acting White House chief of staff on January 2, 2019. This unprecedented dual role put him in a key place to do an end run around official U.S. diplomats in Ukraine and to set up a back channel to put pressure on newly elected Ukraine president Volodymyr Zelensky to announce he was launching an investigation into the actions of Joe Biden’s son, Hunter.

As director of OMB, Mulvaney okayed the withholding of almost $400 million Congress had appropriated for Ukraine’s protection against Russia. In May 2019, he set up “the three amigos,” Ambassador to the European Union Gordon Sondland, special envoy Kurt Volker, and Energy Secretary Rick Perry, to pressure Zelensky. When the story came out, Mulvaney told the press that Trump had indeed withheld the money to pressure Zelensky to help him cheat in the 2020 election. “I have news for everybody,” he said. “Get over it. There’s going to be political influence in foreign policy.” He immediately walked the story back, but there it was.

This event was the basis for Trump’s first impeachment. While Republican senators refused to hold Trump accountable, the Government Accountability Office found that withholding the money was illegal. Ironically, the GAO report came out during Trump’s second impeachment.

And yet, CBS hired Mulvaney and simply introduced him as a former director of the OMB, saying he was the guy to explain Biden’s budget. (After the episode, the CBS standards department reminded staffers they should always identify people with their relevant biographical information.)

Jeremy Barr of the Washington Post tonight revealed that he had reviewed a recording of a phone call in which the co-president of CBS News, Neeraj Khemlani, suggested they had hired Mulvaney to guarantee access to Republican lawmakers. “If you look at some of the people that we’ve been hiring on a contributor basis, being able to make sure that we are getting access to both sides of the aisle is a priority because we know the Republicans are going to take over, most likely, in the midterms,” Khemlani told staff. “A lot of the people that we’re bringing in are helping us in terms of access to that side of the equation.”

People on the right have talked about a “liberal media” now for a generation. It has come to represent the idea that the media is slanted toward the Democrats. But initially, the phrase meant media based in facts.

In the 1950s, those eager to get rid of the government system instituted by the Democrats during the Great Depression of the 1930s grew frustrated because people liked that system, with its business regulation, basic social safety net, and promotion of infrastructure. In 1951, in “God and Man at Yale: The Superstitions of “Academic Freedom,” William F. Buckley, Jr., rejected the Enlightenment idea that rigorous debate over facts would lead toward truth; the fondness of a majority of Republicans and Democrats for the newly active national government proved people could not be trusted to know what was best for them. Instead, he called for the exclusion of “bad” ideas like an active government, and for universities to push individualism and Christianity.

Three years later, Buckley and his brother-in-law, L. Brent Bozell, Jr., would divide the world into “Liberals,” by which they meant the majority of Americans from both parties who liked the New Deal government, and “Conservatives” like themselves, who were determined to overturn that government. Movement Conservatives lumped Soviet-style socialism and the New Deal government together.

With its focus on facts, the media, like the universities, was “liberal,” and Movement Conservatives wanted their ideology to be heard. In 1987, President Ronald Reagan’s appointees to the Federal Communications Commission killed the Fairness Doctrine, which had required public media to present issues fairly, and right-wing talk radio took off. In 1996, Australian-born Rupert Murdoch started the Fox News Channel, calling it “fair and balanced” because it presented the Movement Conservative ideology that fact-based media ignored.

Twenty-five years later, that ideology had become so powerful that true believers tried to stop a legitimately elected Democrat from becoming president, and in the year since, their conviction has only become stronger. Now CBS News has hired a member of the administration that urged the attack on our democracy.

“When, oh Lord, when will the elite political media treat the current Republican Party as the threat to the republic that it most obviously is?” asked Charlie Pierce in Esquire.

Here’s what’s at stake: On the one hand, Biden is trying to rebuild the old liberal consensus that used to be shared by people of both parties, instituted by Democrat Franklin Delano Roosevelt to protect workers from the overreach of their employers and expanded under Republican Dwight Eisenhower to protect civil rights. To this, Biden has focused on those previously marginalized and has added a focus on women and children.

Biden’s new budget, released earlier this week, calls for investment in U.S. families, communities, and infrastructure, the same principles on which the economy has boomed for the past year. The budget also promotes fiscal responsibility by rolling back Trump’s tax cuts on the very wealthy. Biden’s signature yesterday on the Emmett Till Antilynching Act, making lynching a federal hate crime in the United States, is the culmination of more than 100 years of work.

Biden and Secretary of State Antony Blinken are defending democracy against authoritarianism, working to bring together allies around the globe to resist the aggression of Russian president Vladimir Putin.

On the other hand, the Republican Party is working to get rid of the New Deal government. While Senate Minority Leader Mitch McConnell wanted to face the midterms without a platform, Senator Rick Scott (R-FL), who chairs the committee responsible for electing Republican senators, has produced an “11-point plan to rescue America.” It dramatically raises taxes on people who earn less than $100,000, and ends Social Security, Medicare, Medicaid, and the Affordable Care Act.

With a 6 to 3 majority on the Supreme Court, Republicans have also taken aim at abortion rights and are now talking about ending other civil rights protected by the federal government after 1950: the right to birth control, interracial marriage, and same-sex marriage.

The Republicans have sided with authoritarianism as they back former president Trump and his supporters, over 2,000 of whom stormed the U.S. Capitol on January 6, 2021. This week, federal judge David Carter wrote that it was “more likely than not” that Trump committed a federal crime when he encouraged the attack, and yesterday we learned that there are more than 7 hours of phone records missing from the official White House logs of that day. At The Guardian, Hugo Lowell today reported that Trump made at least one call from the White House that day that should have been on the logs and was not, opening up the possibility that Trump’s people tampered with the phone records.

And while Putin has launched a war of invasion on our democratic ally Ukraine, just yesterday, Trump asked Putin to help him dig up dirt on a political rival, just as he did in 2016.

Voters cannot choose wisely between these two paths unless their news is based in facts. Earlier this week, fact triumphed over ideology on the Fox News Channel, when anchor John Roberts noted that Senator Rick Scott’s 2022 Republican platform calls for raising taxes on most Americans and ending Social Security. Scott said that Roberts was using “a Democrat talking point.” But Roberts stood firm on facts: “It’s in the plan!” he said. “It’s not a Democratic talking point. It’s in the plan!”

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The part about CBS doesn’t surprise me. Among the former “Big Three” channels, that network has reported the most conservative take on issues for decades. It showed in their hiring*, news coverage, and sources cited in reports. Is there any hope of restoring the Fairness Doctrine…or getting broadcast news based on FAIR? :pleading_face:

*as well as #MeToo allegations and dismissals

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Failing to hold these people accountable according to the 14th Amendment would be a travesty. They must be removed from office and barred from ever holding office again.

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March 31, 2022 (Thursday)

Today, Judge Mark E. Walker of the Federal District Court in Tallahassee, Florida, struck down much of the new elections law passed by the Florida legislature after the 2020 election. This is the first time a federal court has sought to overrule the recent attempts of Republican-dominated state legislatures to rig the vote, and Walker made thorough work of it.

Four cases were consolidated into one: the League of Women Voters v. Florida Secretary of State Laurel M. Lee, National Republican Senatorial Committee, and Republican National Committee. In his decision, Walker used Florida as a case study to explain how suppressing the Black vote rigs the system in favor of Republicans. His 288-page decision is a frightening portrait of how Republicans are taking control of certain states against the will of voters.

“This case is about our sacred right to vote,” Walker wrote, “won at great cost in blood and treasure. Courts have long recognized that, because “the right to exercise the franchise in a free and unimpaired manner is preservative of other basic civil and political rights, any alleged infringement of the right of citizens to vote must be carefully and meticulously scrutinized.”

While the defendants who wrote Florida’s new election law, SB 90, argued that the changes to voting rules were minor tweaks to avoid voter fraud, the plaintiffs said the new law “runs roughshod over the right to vote, unnecessarily making voting harder for all eligible Floridians, unduly burdening disabled voters, and intentionally targeting minority voters—all to improve the electoral prospects of the party in power.” Walker concluded that “for the most part, Plaintiffs are right,” and notes that “the right to vote, and the V[oting] R[ights] A[ct] particularly, are under siege.”

Walker notes that the issue at stake is not whether the legislators who wrote the new laws are racist, but rather whether race was a factor in the writing of SB 90. Recognizing that few people would today openly admit their racial motivations, he explains that the court needed to look at the circumstances around the passage of SB 90 to determine if race played a role in the law. “Think of it like viewing a pointillist painting, such as Georges Seurat’s A Sunday Afternoon on the Island of La Grande Jatte,” Walker wrote. “One dot of paint on the canvas is meaningless, but when thousands of dots are viewed together, they create something recognizable. So too here, one piece of evidence says little, but when all of the evidence is viewed together, a coherent picture emerges.”

Those dots of paint begin with Florida’s “grotesque history of racial discrimination.” After the Civil War, the Reconstruction legislature limited the vote to white men; when Congress insisted that Black men must be able to vote, Florida legislators changed the law to take their vote away little by little.

First, they changed the constitution to let the governor appoint all statewide officeholders; he appointed only white men. Then they required a sort of early voter ID: a voter had to bring a registration certificate to the polls. Finally, in 1888, the lawmakers passed the “Eight Box Law,” requiring that votes for each state office had to be dropped correctly into eight different boxes in order to count, an impossibility for illiterate farmers. It also passed a poll tax. Although all these new laws were neutral on their face, they drastically cut down Black voting. According to election historian J. Morgan Kousser, between 1888 and 1892, Black voting dropped from 62% to 11%.

For those still undaunted, violence sealed the deal. In 1960, Gadsden County had more than 12,000 Black residents old enough to vote, but only seven of them were registered. Not a single Black congress member was elected between 1877 and 1992. Latinos, too, have had trouble voting, largely because of language barriers.

Historic voter suppression is relevant today because differences in political power help to create differences in economic and social power. While 5.4% of White family households are below the poverty line, 15.8% of Black and 17.7% of Latino family households are. The median White household income ($65,149) is 46.7% higher than the Black median household income ($44,412) and about a quarter higher than the Latino median household income ($52,497). In terms of education, 6.9% of the White population has not finished high school, while 15.3% of the Black population and 20.4% of the Latino population have not.

About 4.8% of White households don’t have a car or a truck, while 7.3% of Latino households and 10.4% of Black households lack them, meaning they rely on public transportation at a higher rate than White Americans and so face longer commutes to work. Walker writes that “these disparities are the stark results of a political system that, for well over a century, has overrepresented White Floridians and underrepresented Black and Latino Floridians,” and he notes that 90% of Florida’s White voting age citizens are registered to vote, while only 83% of its Black and 77% of its Latino voting age population is.

Since 2004, White voters in Florida have been likely to vote for Republicans, but Black voters in Florida have favored Democratic candidates for president and governor at an average rate of about 89.7%. (In contrast, Latino voters tend to swing between parties.) Race and politics thus cannot be separated, and since Florida elections tend to be very close, decreasing the Black vote helps the Republican Party. Getting rid of even a few thousand votes can swing an election. It is “easy to see how Republican legislators who harbor no racial animus could be tempted to secure their own position by enacting laws targeting Black voters,” Walker wrote.

And since the days before the 2000 election, they have repeatedly done so. The infamous 2000 voter purge cut ten times as many Black voters as White voters from the rolls that year before victory in the presidential election came down to a few hundred votes in Florida for Republican candidate George W. Bush. Since then, the state has repeatedly purged its rolls, and legitimate Black voters have been disproportionately removed.

Similarly, when Black Floridians began to use early voting, the legislature changed the laws to limit that practice. So, in 2012, Black voters stood in line for as long as 8 hours, and tens of thousands ultimately were unable to cast a vote. In 2018, voters in Florida overwhelmingly favored restoring voting rights to felons who had served their sentences; the legislature promptly passed a law requiring felons to pay all fees they owed to the state before they could vote, a law that, again, affected Black voters more than White ones.

The 2020 election went smoothly in Florida, but the legislature nonetheless pushed through SB 90 to “instill voter confidence.” A text exchange between a legislator and the chair of the Florida Republican Party called this justification into question: they discussed how the standard procedures for absentee ballots were “killing” the Republican Party because the Democrats had so many more absentee voters the Republicans “could not cut down [that] lead” unless the law changed.

The new law makes it harder for voter-registration organizations to sign up voters. It limits the use of drop boxes and voting by mail, pushing people to vote in person, and then forbids giving food and water to the people who will inevitably be waiting in line to vote.

“This Court finds that the Legislature enacted SB 90 to improve the Republican Party’s electoral prospects,” Walker wrote. He required Florida to get the approval of the federal government before trying to make any such changes for the next ten years.

Florida will challenge this decision, and it may well win before the conservative Court of Appeals for the 11th Circuit or the current Supreme Court. Republicans have defended their assaults on voting by citing the Constitution’s provision that “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof;” but Walker noted that there is another clause in the Constitution that follows that semicolon. It reads: “but the Congress may at any time by Law make or alter such Regulations….”

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I’m not at all a religious person, and I am always confused when something non-religious is called “sacred”. The same is true about “god-given” rights, by the way.

Anyway, the right to vote should be fundamental and inalienable, so there’s that.

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In the US, use of the word sacred has shifted to secular realms. It happens. Look at the use of the word creature to describe animals.

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April 1, 2022 (Friday)

The March jobs report came out this morning and, once again, it was terrific. The economy added 431,000 jobs in March, and the figures for January and February were revised upward by 95,000. The U.S has added 1.7 million jobs between January and March, and unemployment is near an all-time low of 3.6%. As employment has risen, employers have had to raise wages to get workers. So, wages are up 5.6% for the year that ended in February.

Inflation in the U.S. is the highest it’s been in 40 years at 7.9%, but those high numbers echo other developed countries. In the 19 countries that use the euro, inflation rose by an annual rate of 7.5% in March, the highest level since officials began keeping records for the euro in 1997. Russia’s war on Ukraine, which is driving already high gasoline prices upward, and continuing supply chain problems are keeping inflation numbers high.

“America’s economic recovery from the historic shock of the pandemic has been nothing short of extraordinary,” CNN’s Anneken Tappe wrote today. The nation is “on track to recover from the pandemic recession a gobsmacking eight years sooner than it did following the Great Recession.”

These numbers matter not just because they show the U.S. coming out of the pandemic, but because they prove that Biden’s approach to the economy works. The key to this economic recovery was the American Rescue Plan, passed in March 2021 without a single Republican vote, that dedicated $1.9 trillion to helping the economy recover from the pandemic shutdowns. The vote on the American Rescue Plan indicated the dramatic difference in the way Democrats and Republicans believe the economy works.

After the Depression hit, in the 1930s, Democrats argued that the way to build the economy was for the government to make sure that workers and consumers had the resources to buy products and services. Raising wages, providing a basic social safety net, and improving education would enable the “demand side” of the economy to buy the goods that would employ Americans and increase productivity. Democrats regulated businesses, imposing rules on employers, and funded their programs with taxes that fell on Americans according to their ability to pay.

When this system pulled the country out of the Depression and funded the successful military mobilization of World War II, members of both parties embraced it. Once in office, Republican Dwight D. Eisenhower called for universal health insurance and backed the massive $26 billion Federal-Aid Highway Act of 1956 to build an initial 41,000 miles of roads across the United States, an act that provided jobs and infrastructure. To pay for these programs, he supported the high taxes of the war years, with the top marginal income bracket pegged at 91%.

“Our underlying philosophy,” said a Republican under Eisenhower, “is this: if a job has to be done to meet the needs of people, and no one else can do it, then it is a proper function of the federal government.” Americans had, “for the first time in our history, discovered and established the Authentic American Center in politics. This is not a Center in the European sense of an uneasy and precarious mid-point between large and powerful left-wing and right-wing elements of varying degrees of radicalism. It is a Center in the American sense of a common meeting-ground of the great majority of our people on our own issues, against a backdrop of our own history, our own current setting and our own responsibilities for the future.”

But Republicans since the 1980s have rejected that “Authentic American Center” and argued instead that the way to build the economy is by putting the weight of the government on the “supply side.” That is, the government should free up the capital of the wealthy by cutting taxes. Flush with cash, those at the top of society would invest in new industries that would, in turn, hire workers, and all Americans would rise together. Shortly after he took office, President Ronald Reagan launched government support for “supply side economics” with the first of many Republican tax cuts.

But rather than improving the living standards of all Americans, supply side economics never delivered the economic growth it promised. It turned out that tax cuts did not generally get reinvested into factories and innovation, but instead got turned into financial investments that concentrated wealth at the top of the economic ladder. Still, forty years later, Republicans have only hardened in their support for tax cuts. They insist that any government regulation of business, provision of a social safety net, or promotion of infrastructure is “socialism” because it infringes on the “freedom” of Americans to do whatever they wish without government interference.

The conflict between these two visions came to the fore yesterday, when 193 Republicans voted against lowering the copays for insulin, the drug necessary to keep the 30 million Americans who live with diabetes alive. Twelve Republicans joined all the Democrats to pass the bill. The price of insulin has soared in the U.S. in the past 20 years while it has stayed the same in other developed countries. A vial of insulin that cost $21 in 1999 in the U.S. cost $332 in 2019. Currently, insulin costs ten times more in the United States than in any other developed country.

According to the nonprofit academic medical center Mayo Clinic, the cost of insulin has skyrocketed because people need it to live, there is a monopoly on production, there is no regulation of the cost, and there are companies that profit from keeping prices artificially high.

While all drug prices are high, the reasons that pharmaceutical companies have given for the high pricing of other drugs do not apply to insulin. The drug is more than 100 years old, so there are no development costs. The cost is not a result of free market forces, since the jump in cost does not track with inflation. Indeed, insulin operates in a system that is the opposite of the free market: because people need insulin to survive, they cannot simply decide not to buy it if the price gets too high.

According to experts, there are currently only three clear options to bring down the price if the companies won’t. The government could negotiate with pharmaceutical companies on prices, as every other western country does, but the influence of drug companies in Congress makes such a measure hard to pass. We could shift the cost of the high prices onto insurers: employers and the government, which pays for healthcare through Medicare, Medicaid, the Veterans Administration, and so on. Or we can keep shifting the cost to the consumers.

Democrats wrote a much more sweeping proposal to lower a range of drug costs into the Build Back Better bill that Senate Republicans killed, and say they want to continue to push for the government to be able to negotiate with drug companies. At the same time, they say, we cannot wait any longer to make insulin affordable for the diabetics who need it. So House Democrats and 12 House Republicans have passed a law regulating the cost that consumers—who will die if they don’t get insulin—have to pay for the product. That cap will shift the cost onto insurers, including the government.

The insurance industry opposed the measure, saying it would not actually bring down costs and might create higher premiums as insurers have to cover the costs consumers won’t. Most Republicans opposed the measure, saying it would give the government too much say in healthcare. The Republican members on the House Committee on Ways and Means said it was a “socialist drug pricing scheme from [the Democrats’] failed radical tax and spending spree.”

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April 3rd, 2022. In other news: historical insensitivity racism is still an issue in Germany, as usual.

The term [Freedom Day] originated in the US, where on February 1, 1865, President Abraham Lincoln signed the constitutional amendment abolishing slavery in the country. The date was officially recognized as National Freedom Day in the 1940s. South Africa also has a Freedom Day, which is celebrated on April 27 to commemorate the day of the first post-apartheid elections in 1994.
Anybody who makes a direct link between the end of slavery and apartheid and the lifting of restrictions to protect the health and lives of people during a two-year pandemic trivializes the racist oppression of Black people. This, too, is a form of racism!

(Ok, not only Germany. Credits go to the [redacted] in Downing Street.)

ETA: sorry, I deleted the link by accident when quoting.

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Who or what are you quoting?

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April 2, 2022 (Saturday)

Today, Ukrainian soldiers recaptured the areas around Kyiv that Russian forces had taken early in the invasion. Retaking the territory, they found mined homes, executed civilians, and, in the city of Bucha near Kyiv, a mass grave of nearly 280 civilians. In the town of Trostyanets, the evacuating Russians defecated in the rooms of the police station and on a dead civilian outside.

The reported war crimes and atrocities have made it impossible to separate the Russian troops from Russian president Vladimir Putin. Their shared criminality will have the effect of solidifying Putin’s power by making all the Russians outcasts together as they have deliberately demonstrated they reject the western rules of war. As Russia expert Tom Nichols put it: “If Putin’s goal was to cement his grip on power by making Russia hated for decades to come, well, congratulatons*, I guess.”

That Putin has taken as many as 400,000 Ukrainians to Russia as potential hostages as he tries to bargain his way out of crippling sanctions or into land concessions is cause for concern. Russian troops continue to bombard the valuable deepwater Black Sea port of Odesa.

Refugees fleeing Russia for Finland before the last train service between Russia and Europe ended last week told writer William Doyle of a population in Russia gradually coming to realize they have fallen under the iron hand of a dictator as the government cracks down on dissent.

“The problem is that there are many Russians who cannot admit our mistakes, cannot realize that we are trapped in a nightmare,” an art director told Doyle. “It’s much easier to watch TV and absorb the government propaganda. It’s easier to not think…. You have this vast country with many people who are poor and who have never travelled abroad. They are very isolated, with no communication, only their television. They work hard all day, come home exhausted and the TV is their only source.”

A business manager told Doyle: “It seems to me that a majority of people support [the war], but I am not sure. The government propaganda tries to make it seem that a majority support it, but I don’t know. None of my friends, none of the people I know support it.”

Another man talked of the sanctions squeezing Russia and said: “As a consequence of believing the lies and spreading the lies on a national scale, maybe some Russian people will see that they won’t have any of these nice, good, warm, cozy comfortable things coming from the West anymore…. Maybe,” he said, “they should reconsider their attitude toward the propaganda they are listening to from the TV set.”

At home, CNN has reported more news about the gap of seven and a half hours in the White House diary and phone logs from the crucial hours of the January 6 insurrection. It turns out that about two weeks ago, the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol interviewed the person in charge of compiling the president’s diary record.

In order to compile that official record, the White House diarist normally gets information from the Secret Service about the president’s movements, the phone logs from the switchboard, and the records from the Oval Office, including phone calls, visitors, and activities.

That record-keeping system was in place until January 4, 2021, but by then the plot to overturn the election was in high gear. Yesterday, the January 6 committee revealed a text message to Trump’s White House chief of staff Mark Meadows dated January 3, saying: “I have details on the call that [trade advisor Peter] Navarro helped convene yesterday with legislators as part of his effort to get Pence to delay certification…including that the president participated….”

That call appears to have been reported at the time as including “nearly 300 state lawmakers” who were provided with resources to use “as they make calls for state legislatures to meet to investigate the election and consider decertifying their state election results.” An article about it stated: “A similar briefing is being scheduled in Washington, D.C., at the request of Members of Congress.”

On January 3, lawyer John Eastman wrote his memo outlining a plan for then–Vice President Pence to overturn the election results.

That night, Trump’s public schedule for the next day, tweeted by CNN’s Daniel Dale, read simply: “President Trump will work from early in the morning until late in the evening. He will make many calls and have many meetings. The president will depart the White House at 6:10PM for a victory rally in Dalton, GA.” One of those “many meetings,” was with Eastman, Pence, Pence’s counsel Greg Jacob, and Pence’s chief of staff Marc Short to show Pence and his team the memo. Pence (who would have been the fall guy if the plan blew up) said he had no power to do what they were asking him to do.

Trump’s published schedule for January 5 was even shorter. It read: “President Trump will work from early in the morning until late in the evening. He will make many calls and have many meetings.” On that day, the information for the White House diary stopped abruptly. In a dramatic departure from normal operations, on the 5th the diarist didn’t get any of the normal information.

Trump’s schedule for January 6, published the night of the 5th, read again: “President Trump will work from early in the morning until late in the evening. He will make many calls and have many meetings.” This time, though, it added: “The President will depart for the Ellipse at 10:50AM to deliver remarks at a Save America Rally.”

They were just little things, those silly schedules and the articles about some deluded plan to decertify the state election results, littler than the many other norms Trump had broken. They were easily ignored or explained away by those who supported the president as well as by those just eager to see him gone. And yet, it turns out we should have been paying better attention: they were the signs that we were on the verge of losing our democracy.


*Nichols did not misspell this. I did, to get rid of the “text delights” which drive me bananas. Right now, I don’t remember how to erase them.

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Sorry, edited in.

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April 3, 2022 (Sunday)

After a long week, here’s a little piece of peace: an old mill dam now deep in the woods. It’s one of my favorite places.

I’m calling it quits early tonight. I’ll see you tomorrow.

[Photo by Buddy Poland.]

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April 4, 2022 (Monday)

Today the Senate Judiciary Committee deadlocked, 11 to 11, on whether to send Judge Ketanji Brown Jackson’s nomination to the Supreme Court to the full Senate for a vote. The Democrats can still move the nomination forward through procedural measures, and three Republicans—Susan Collins (R-ME), Lisa Murkowski (R-AK), and Mitt Romney (R-UT)—have said they will vote for her, so her confirmation is assured (even if Kyrsten Sinema (D-AZ), who has not yet said how she will vote, votes no).

Jackson is very popular as a nominee: a new Yahoo News/YouGov poll shows that only 27% of Americans oppose her confirmation while 42% support it (31% say they’re not sure what they think).

Many of the Republicans acknowledged that Judge Jackson is highly qualified for the position, but they cannot abide what they call her “activism,” by which they mean her willingness to use the federal government to protect the rights of American citizens within the states. Senator Chuck Grassley (R-IA), who is the top Republican on the Judiciary Committee, says he opposes Jackson’s confirmation because he disagrees fundamentally with her “views on the role of judges and the role that they should play in our system of government.”

The “originalist” judges who object to the court’s use of the Fourteenth Amendment to protect civil rights control the court by a vote of 6 to 3. If she is confirmed, Judge Jackson will not change that split. The Republicans are looking to make their vision take over the court entirely.

The hearings for Jackson had Republicans questioning abortion rights, of course, but also the right to birth control, interracial marriage, and gay marriage. Justices Clarence Thomas and Neil Gorsuch have suggested they would also overturn Gideon v. Wainwright, the 1963 Supreme Court decision that says states must provide defendants with legal counsel. The attacks on Jackson for her time as a public defender—the element of our justice system that guarantees poor people can have lawyers in court—suggest that the right to publicly funded legal counsel, too, is no longer secure.

Ideologically opposed to Jackson, but unable to find real cause for attacking her stellar record, the Republicans have gone after her for what they claim is her lenient sentencing of child pornographers. These claims have been widely dismissed by legal experts as baseless: even a conservative writer for the National Review, who otherwise opposed Jackson, called them “meritless to the point of demagoguery.” But the party doubled down on the lies.

In the Washington Post, Dana Milbank ran the numbers. In the four days of the hearings for Jackson’s nomination, senators on the Judiciary Committee used the words “child porn,” “pornography,” and “pornographer” 165 times. They used some version of “sex” (“sexual assault,” “sex crimes,” and so on) 142 times. They said “pedophile” 15 times and “predators” 13 times, one time more than the Bill of Rights came up. Sometimes the words came from Democrats defending Jackson, but the overwhelming majority of the comments came from Republicans attacking Jackson. That pattern continued today as senators made statements before their votes suggesting that Jackson had done all she could to turn those who commit sex crimes against children loose on the country.

Their attacks worked on their constituents. Before Biden nominated Jackson, when a Yahoo News/YouGov poll asked people to assess Jackson’s qualifications, 57% of Republicans said she was qualified. Only 19% of Republicans (and 11% of all Americans) said she was not qualified. While the hearings made her lose some support across the board, it still left her popular with Democrats and Independents. Republican opinions, though, have changed dramatically. Now just 31% say she’s qualified, and 47% say she’s unqualified.

With their focus on sex crimes against children, Republicans are openly courting the QAnon vote, even though Republican words do not always seem to match their actions. We learned today that Florida governor Ron DeSantis delayed the release of public records involving a Florida state official, Halsey Beshears, who is linked to the underage sex crimes investigation in that state. Representative Matt Gaetz (R-FL) is also under investigation in that case.

The implications of the focus on sex crimes against children are larger than the next election, though. Republicans are increasingly abandoning the party’s position in favor of small government, a position it adopted under Ronald Reagan, and calling for a strong government to enforce right-wing social policies.

In Florida, Governor Ron DeSantis on March 28 signed a bill banning kindergarten through third-grade public school teachers from talking about sexual orientation or gender identity, a measure its opponents have dubbed the “Don’t Say Gay” law. The Walt Disney Company, which is the state’s largest employer with 80,000 employees there, didn’t take a position on the bill until finally, under intense pressure from inside the company, Disney’s CEO Bob Chapek came out against the measure and promised the company would donate $5 million to LBGTQ organizations.

DeSantis called Disney’s opposition “radical” and tore into “woke” corporations. He has suggested that the Florida legislature should cancel Disney’s special status in Florida, a status that essentially makes it a local government. Right-wing commentators have cheered him on, eager to use government power to retaliate against companies that bow to popular pressure in favor of Black rights, LGBTQ rights, and so on.

This has pushed them into the camp of authoritarians, and they are using fears of sexual attacks on children to win support for that authoritarianism. When Hungary’s Viktor Orbán won reelection yesterday, columnist Rod Dreher tweeted: “Viktor Orban wins crushing re-election victory. Groomers hardest hit. [Governor Ron DeSantis], you are onto something!”

Pushing Orbán’s voters yesterday was a referendum on the ballot that included questions like: “Do you support the unrestricted exposure of underage children to sexually explicit media content that may affect their development?” DeSantis’s spokesperson Christina Pushaw tweeted: “Love the referendum idea. Wish the USA could do something similar[.]” Representative Marjorie Taylor Greene also applauded Orbán’s approach to “sex ed” and tweeted: “Congratulatons* to Viktor Orban on winning a victory well deserved! He’s leading Hungary the right way and we need this in America.”

As soon as his victory was announced—it was a done deal thanks to his manipulation of the mechanics of elections—Orbán reaffirmed his friendship with Russian president Vladimir Putin and took a hit at Ukraine president Volodymyr Zelensky, who is defending his country against Putin’s invasion.

On that same day that Orbán took the side opposed to Zelensky, we learned more about the atrocities that took place in Bucha, a suburb of Kyiv, where Russian soldiers raped and executed civilians. “You may remember I got criticized for calling Putin a war criminal,” President Joe Biden said today. “Well, the truth of the matter is, you saw what happened in Bucha…he is a war criminal.”

Today, the U.S., Europe, and allies prepared more sanctions against Russia, and the U.S. froze currency reserves Russia needs to make payments on its debt, forcing it closer to default.

*Again, my misspelling to avoid those balloons.

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This isn’t even inflation in the classical sense of the word. It’s primarily corporate profit-taking. Corporate profits increased 25% in 2021. Along with transient supply-chain disruptions causing price increases through the economy, one would do well to add scare quotes to “inflation.”

As the insulin pricing issue shows, it all traces back to greed, not policy.

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Yes, good point, same for the gasoline price rise that so many Americans are blaming Biden for.

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