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April 5, 2023 (Wednesday)
In yesterday’s election in Wisconsin, the two candidates represented very different futures for the country. One candidate for the state supreme court, Daniel Kelly, had helped politicians to gerrymander the state to give Republicans an iron lock on the state assembly and was backed by antiabortion Republicans. The other, Janet Protasiewicz, promised to stand behind fair voting maps and the protection of reproductive rights.
Wisconsin voters elected Protasiewicz by an overwhelming eleven points in a state where elections are usually decided by a point or so. Kelly reacted with an angry, bitter speech. “I wish that in a circumstance like this I would be able to concede to a worthy opponent,” he said. “But I do not have a worthy opponent to which I can concede.”
Yesterday’s vote in Wisconsin reinforces the polling numbers that show how overwhelmingly popular abortion rights and fair voting are, and it seems likely to throw the Republican push to suppress voting into hyperdrive before the 2024 election.
Since the 1980s, Republicans have pushed the idea of “ballot integrity” or, later, “voter fraud” to justify voter suppression. That cry began in 1986, when Republican operatives, realizing that voters opposed Reagan’s tax cuts, launched a “ballot integrity” initiative that they privately noted “could keep the black vote down considerably.”
That effort to restrict the vote is now a central part of Republican policy. Together with Documented, an investigative watchdog and journalism project, The Guardian today published the story of the attempt by three leading right-wing election denial groups to restrict voting rights in Republican-dominated states by continuing the lie that voting fraud is rampant.
The Guardian’s story, by Ed Pilkington and Jamie Corey, explores a two-day February meeting in Washington organized by the right-wing Heritage Foundation and attended by officials from 13 states, including the chief election officials of Indiana, Florida, Mississippi, Missouri, Montana, Tennessee, Virginia, and West Virginia. At the meeting, participants learned about auditing election results, litigation, and funding to challenge election results. Many of the attendees and speakers are associated with election denial.
Since the 2020 election, Republican-dominated states have passed “election reform” measures that restrict the vote; those efforts are ongoing. On Thursday alone, the Texas Senate advanced a number of new restrictions. In the wake of high turnout among Generation Z Americans, who were born after 1996 and are more racially and ethnically diverse than their elders, care deeply about reproductive and LGBTQ rights, and want the government to do more to address society’s ills, Republican legislatures are singling out the youth vote to hamstring.
That determination to silence younger Americans is playing out today in Tennessee, where a school shooting on March 28 in Nashville killed six people, including three 9-year-olds. The shooting has prompted protesters to demand that the legislature honor the will of the people by addressing gun safety, but instead, Republicans in the legislature have moved to expel three Democratic lawmakers who approached the podium without being recognized to speak—a breach of House rules—and led protesters in chants calling for gun reform. As Republicans decried the breach by Representatives Gloria Johnson, Justin Jones, and Justin Pearson, protestors in the galleries called out, “Fascists!”
Republican efforts to gain control did not end there. On Twitter today, Johnson noted that she had “just had a visit from the head of HR and the House ethics lawyer,” who told her “that if I am expelled, I will lose my health benefits,” but the ethics lawyer went on to explain “that in one case, a member who was potentially up for expulsion decided to resign because if you resign, you maintain your health benefits.”
The echoes of Reconstruction in that conversation are deafening. In that era, when the positions of the parties were reversed, southern Democrats used similar “persuasion” to chase Republican legislators out of office. When that didn’t work, of course, they also threatened the physical safety of those who stood in the way of their absolute control of politics.
On Saturday night, someone fired shots into the home of the man who founded and runs the Tennessee Holler, a progressive news site. Justin Kanew was covering the gun safety struggle in Tennessee. He wrote: “This violence has no place in a civilized society and we are thankful no one was physically hurt. The authorities have not completed their investigation and right now we do not know for sure the reason for this attack. We urge the Williamson County Sheriff’s office to continue to investigate this crime and help shed light on Saturday’s unfortunate events and bring the perpetrators of this crime to justice. In the meantime, our family remains focused on keeping our children healthy and safe.”
The anger coming from losing candidate Kelly last night, and his warning that “this does not end well….[a]nd I wish Wisconsin the best of luck because I think it’s going to need it,” sure sounded like those lawmakers in the Reconstruction years who were convinced that only people like them should govern. The goal of voter suppression, control of statehouses, and violence—then and now—is minority rule.
Today’s Republican Party has fallen under the sway of MAGA Republicans who advocate Christian nationalism despite its general unpopularity; on April 3, Hungarian president Viktor Orbán, who has destroyed true democracy in favor of “Christian democracy” in his own country, cheered Trump on and told him to “keep on fighting.” Like Orbán, today’s Republicans reject the principles that underpin democracy, including the ideas of equality before the law and separation of church and state, and instead want to impose Christian rule on the American majority.
Their conviction that American “tradition” focuses on patriarchy rather than equality is a dramatic rewriting of our history, and it has led to recent attacks on LGBTQ Americans. In Kansas today, the legislature overrode Democratic governor Laura Kelly’s veto of a bill banning transgender athletes who were assigned male at birth from participating in women’s sports. Kansas is the twentieth state to enact such a policy, and when it goes into effect, it will affect just one youth in the state.
Yesterday, Idaho governor Brad Little signed a law banning gender-affirming care for people under 18, and today Indiana governor Eric Holcomb did the same.
Meanwhile, Republican-dominated states are so determined to ignore the majority they are also trying to make it harder for voters to challenge state laws through ballot initiatives. Alice MIranda Ollstein and Megan Messerly of Politico recently wrote about how, after voters in a number of states overrode abortion bans through ballot initiatives, legislatures in Arkansas, Florida, Idaho, Missouri, North Dakota, Ohio, and Oklahoma are now debating ways to make it harder for voters to get measures on the ballot, sometimes even specifying that abortion-related measures are not eligible for ballot challenges.
And yet, in the face of the open attempt of a minority to seize control, replacing our democracy with Christian nationalism, the majority is reasserting its power. In Michigan, after an independent redistricting commission redrew maps to end the same sort of gerrymandering that is currently in place in Wisconsin and Tennessee, Democrats in 2022 won a slim majority to control the state government. And today, Michigan governor Gretchen Whitmer signed into law a bill revoking a 1931 law that criminalized abortion without exception for rape or incest.
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April 6, 2023 (Thursday)
The Supreme Court was in the news this morning, as Joshua Kaplan, Justin Elliott, and Alex Mierjeski of ProPublica explained that for more than twenty years Supreme Court Justice Clarence Thomas has enjoyed the hospitality and funding of Dallas real estate magnate and major Republican donor Harlan Crow. Thomas and his wife Ginni, who was closely involved in challenging the 2020 presidential election, have taken trips in private jets and gone on vacations with Crow worth as much as $500,000.
Thomas did not disclose any of these valuable gifts. Indeed, in a documentary funded in part by Crow, Thomas presented himself as a regular guy. “I prefer the RV parks. I prefer the Walmart parking lots to the beaches and things like that. There’s something normal to me about it,” he said. “I come from regular stock, and I prefer that—I prefer being around that.”
After the story dropped, David G. Savage of the Los Angeles Times recalled that his newspaper had disclosed the close connections between Thomas and Crow in 2004, noting, for example, that Crow had given Thomas a $19,000 Bible that had belonged to the famous formerly enslaved abolitionist and writer Frederick Douglass and a $15,000 bust of Abraham Lincoln. After their story appeared, it seems that Thomas did not stop accepting expensive gifts and travel from the wealthy mogul, but instead stopped disclosing them.
In Crow’s company, Thomas rubbed elbows with his host’s other guests, including senior business executives, major Republican donors, and leaders of right-wing think tanks. Crow has worked hard to move the judiciary and the legal system to the right, and at one of the properties where Thomas vacations, there is a painting of him in conversation with a number of figures, including Leonard Leo, the leader of the Federalist Society who has orchestrated the court’s hard-right turn. Leo is now overseeing Marble Freedom Trust, established to disburse funds from a $1.6 billion bequest to manipulate elections in favor of Republicans.
Senator Chris Murphy (D-CT) tweeted: “Important for news media to not simply label this guy as a ‘[Republican] mega donor’. It’s so much worse. Crow has many interests before the Supreme Court. His groups file petitions before the court. It’s the clearest, most brazen violation of judicial ethics you can imagine.”
In Congress today, House Judiciary Committee chair Jim Jordan (R-OH) issued a subpoena in its investigation of the Manhattan district attorney Alvin Bragg’s office after that office indicted former president Donald Trump on 34 counts of falsifying business records on Tuesday. Bragg explained: “The trail of money & lies exposes a pattern that, the People allege, violates one of New York’s basic & fundamental business laws.”
Although Jordan himself refused to respond to a subpoena issued by the House Select Committee to Investigate the January 6th Attack on the U.S. Capitol, he is demanding that Mark Pomerantz, a former county special assistant district attorney who investigated Trump’s finances, show up to testify.
Pomerantz resigned from his role in the investigation out of frustration that Manhattan district attorney Alvin Bragg was not then moving forward with an indictment. The wording of Jordan’s letter indicates he is hoping to use Pomerantz’s words critical of Trump to argue that the district attorney’s office was biased against the former president.
General counsel for the Manhattan district attorney’s office Leslie Dubeck previously rejected the demands of Jordan, House Committee on House Administration chair Bryan Steil (R-WI), and House Committee on Oversight and Accountability chair James Comer (R-KY) for testimony and documents from Bragg, warning them that their attacks on Bragg and his office were “unlawful political interference.”
Dubeck pointed out: “our Office is legally constrained in how it publicly discusses pending criminal proceedings,… as you well know.” She called their interference “unnecessary and unjustified” and reminded the men that Congress has no jurisdiction over individual criminal investigations. Nor does it have jurisdiction over state investigations. “The Committees’ attempted interference with an ongoing state criminal investigation—and now prosecution—is an unprecedented and illegitimate incursion on New York’s sovereign interests,” she wrote.
Now Jordan is trying a different approach. Bragg responded: “The House [Republicans continue] to attempt to undermine an active investigation and ongoing New York criminal case with an unprecedented campaign of harassment and intimidation. Repeated efforts to weaken state and local law enforcement actions are an abuse of power and will not deter us from our duty to uphold the law.”
In the Tennessee statehouse this afternoon, Republican legislators led by House of Representatives speaker Cameron Sexton voted to expel Justin Jones and Justin Pearson, two young Black lawmakers who had led young protesters in chants from the floor of the house chamber in favor of gun safety legislation after house Republicans refused to allow debate on such a measure. The body avoided expelling Gloria Johnson, the white woman who chanted with Jones and Pearson, by one vote.
The Republicans charged that the three representatives had broken house rules and had engaged in “disorderly behavior” and “knowingly and intentionally” brought “dishonor to the House of Representatives.” Although the debate showed that a Republican had also broken house rules by recording a video that was then misleadingly edited and shown, that representative was not charged.
The three Democratic representatives joined protesters to call for gun safety legislation after six people, including three 9-year-olds, were killed in yet another school shooting. The Republicans have focused on cultural issues and have opposed taking up gun safety legislation. Indeed, they have worked to loosen gun laws; on the same day as the recent school shooting, a federal judge cleared the way for the Tennessee legislature to lower the age for permitless carry in the state from 21 to 18. Republican governor Bill Lee signed the permitless carry bill for 21 and up in 2021 at a Beretta gun manufacturing plant.
Today, young protesters in the statehouse defended the Tennessee Three, as they have become known, saying: “You ban books, you ban drag—kids are still in body bags!” After the votes to expel, the chants changed to “F*ck you, fascists!”
Republicans in the Tennessee legislature could act as they did because they have a supermajority thanks to their redistricting of the state after the 2020 census. In that redistricting they cracked Democratic-leaning Nashville, dividing it among three districts in which they overwhelmed Democratic voters with Republicans from the suburbs. A new state law has now required Nashville to cut its city council in half. Meanwhile, laws prohibiting people with a past felony conviction from voting cut more than 470,000 people from the voter rolls.
This lock on power has given Tennessee Republicans the ability to do as they please. Today it pleased them to expel two young Black legislators who were trying to force the Republicans to do something about the epidemic of gun violence that is killing their constituents.
The Supreme Court, Congress, and the Tennessee statehouse. What would you say if you saw today’s news coming from another country?
Before he left the chamber, Representative Justin Pearson told his suddenly former colleagues how he saw it.
“You are seeking to expel District 86’s representation from this house, in a country that was built on a protest. IN A COUNTRY THAT WAS BUILT ON A PROTEST. You who celebrate July 4, 1776, pop fireworks and eat hotdogs. You say to protest is wrong because you spoke out of turn, because you spoke up for people who are marginalized. You spoke up for children who won’t ever be able to speak again; you spoke up for parents who don’t want to live in fear; you spoke up for Larry Thorn, who was murdered by gun violence; you spoke up for people that we don’t want to care about. In a country built on people who speak out of turn, who spoke out of turn, who fought out of turn to build a nation.
“I come from a long line of people who have resisted.”
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As the conservative lawyer Ed Whelan wrote six years ago in the National Review: “No one has been more dedicated to the enterprise of building a supreme court that will overturn Roe v Wade than the Federalist Society’s Leonard Leo.”
i see no conflicts of interest here /s
eta, and this:
After Trump’s victory, Leo took time away from the Federalist Society to work as an advisor to the president. All three of those eventually seated on the US’s highest court during Trump’s tenure and who voted to overturn Roe v Wade – Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett – were named on the list Leo drew up during the campaign.
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April 7, 2023 (Friday)
This Friday night’s news dump is a biggie: Texas judge Matthew Kacsmaryk, an antiabortion Trump appointee, has ruled that the Food and Drug Administration’s approval of the drug mifepristone in 2000 was flawed and must be suspended. In the 23 years since its approval, the drug has been widely proved to be safe, and this is the first time a court has ordered the FDA to remove a drug from the market.
Mifepristone is used to induce abortions as well as for other medical applications. Although the Supreme Court argued last year in Dobbs v. Jackson Women’s Health, which overturned the 1973 Roe v. Wade decision legalizing abortion, that getting rid of Roe would enable states to make their own decisions about abortion, Kacsmaryk’s decision would remove mifepristone across the entire United States. Mifepristone accounts for about 53% of medically induced abortions.
Vice President Kamala Harris, who has led the administration’s policy on reproductive rights, noted that Kacsmaryk’s decision does not simply impact abortion: it opens the door to politicizing chemotherapy drugs, asthma medicine, blood pressure pills, insulin, and so on.
Kacsmaryk also said that mailing mifepristone across state lines is illegal based on the Comstock Act, which Congress passed in 1873, making it illegal to send contraceptive materials through the mail. He went further than that, though, going far beyond the Dobbs decision to embrace the concept that a fertilized egg is an “unborn human” from the time of conception.
He stayed the ruling for a week to give the government time to respond.
President Joe Biden vowed to fight the ruling. He noted that the Department of Justice has already filed an appeal and will seek an immediate stay. “But let’s be clear,” he wrote, “the only way to stop those who are committed to taking away women’s rights and freedoms in every state is to elect a Congress who will pass a law restoring Roe versus Wade. Vice President Harris and I will continue to lead the fight to protect a woman’s right to an abortion, and to make her own decisions about her own health. That is our commitment.”
Less than an hour after Kacsmaryk’s ruling, federal judge Thomas O. Rice in Washington state issued an injunction prohibiting the FDA from pulling mifepristone from the market.
With two opposing rulings in place, the case will go quickly to the U.S. Supreme Court.
But the Supreme Court has its own issues right now. Today, Justice Clarence Thomas released a statement saying that he did not disclose the lavish gifts he received from right-wing megadonor Harlan Crow on the advice of “colleagues and others in the judiciary,” but he did not say who those individuals were. He says he will comply with new regulations in the future.
Thomas said that he and his wife Ginni had been dear friends of the Crows for over 25 years, but he joined the court over 30 years ago, making more than one commenter note that the friendship certainly seemed to be based on Crow’s access to the Supreme Court through Thomas. In 2011, Ian Millhiser, then of ThinkProgress, noted that Thomas sided with the American Enterprise Institute and the Center for the Community Interest, both of which were affiliated with Crow, in every case concerning them that had come before the Supreme Court.
A couple of other stories before I call it quits tonight:
The Internal Revenue Service yesterday explained how it intends to use the $80 billion appropriated for it by the Inflation Reduction Act. After a decade of budget cuts, audit and enforcement rates on taxpayers earning $1 million or more annually had dropped significantly, from 7.2% in 2011 to just 0.7% in 2019. The IRS will focus on restoring those audits.
It will also look at allowing taxpayers to file directly with the government system for free, as taxpayers in other countries do. This plan has the lobbyists who work for tax preparers fighting back out of fear such a free system will cripple their businesses. They are joining with Republicans to complain that such a system will give the government too much information about individual taxpayers.
Today’s jobs report for March showed continuing job growth as unemployment fell to 3.5% and the economy added another 236,000 jobs. Unemployment among Black Americans is at a historic low of 5%. While jobs are still being added, they are increasing at a slower rate than they have been. Wage increases are also slowing, which reinforces the idea that inflation will continue to ease and perhaps lead the Federal Reserve to slow down on the interest rate hikes that cool the economy.
In a statement, President Joe Biden noted the good jobs news and reminded people that the government is investing in infrastructure, innovation, and clean energy to build the economy for the long term. But, he warned, “[e]xtreme MAGA Republicans in Congress…are threatening to wreak havoc on our economy with debt limit brinkmanship. Their extreme agenda would send the unprecedented investments we’ve made here in America—along with the jobs that come with it—overseas. And it’s all to pay for even more giveaways to the wealthiest Americans and largest corporations.” He promised to stop them from moving the country backward.
Today, Vice President Harris traveled to Nashville, Tennessee, where she met with the state Democratic caucus and with the two young Black legislators, Justin Jones and Justin Pearson, whose colleagues expelled them from the state legislature yesterday. While in Nashville, she spoke at historically Black Fisk University to call for gun safety legislation and condemn the expulsion of the Democratic lawmakers.
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Mint the fucking coin already, Joe!
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I know this is not the point of this thread but, “Leonard Leo”. WTF were his parents thinking?
Leo Leo? Maybe they’re fans of The Kingsmen?
I know a guy who goes by Andy Drew, never uses his full first name for obvious reasons.
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Ah right, I read about names like that somewhere…
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April 8, 2023 (Saturday)
On April 8, 1865, General Ulysses S. Grant was having a hard night.
His army had been harrying Confederate General Robert E. Lee’s for days, and Grant knew it was only a question of time before Lee had to surrender. The people in the Virginia countryside were starving, and Lee’s army was melting away. Just that morning a Confederate colonel had thrown himself on Grant’s mercy after realizing that he was the only man in his entire regiment who had not already abandoned the cause. But while Grant had twice asked Lee to surrender, Lee still insisted his men could fight on.
So, on the night of April 8, Grant retired to bed in a Virginia farmhouse, dirty, tired, and miserable with a migraine. He spent the night “bathing my feet in hot water and mustard, and putting mustard plasters on my wrists and the back part of my neck, hoping to be cured by morning.” It didn’t work. When morning came, Grant pulled on his clothes from the day before and rode out to the head of his column with his head throbbing.
As he rode, an escort arrived with a note from Lee requesting an interview for the purpose of surrendering his Army of Northern Virginia. “When the officer reached me I was still suffering with the sick headache,” Grant recalled, “but the instant I saw the contents of the note I was cured.”
The two men met in the home of Wilmer McLean in the village of Appomattox Court House, Virginia. Lee had dressed grandly for the occasion in a brand new general’s uniform carrying a dress sword; Grant wore simply the “rough garb” of a private with the shoulder straps of a lieutenant general.
But the images of the wealthy, noble South and the humble North hid a very different reality. As soon as the papers were signed, Lee told Grant his men were starving and asked if the Union general could provide the Confederates with rations. Grant didn’t hesitate. “Certainly,” he responded, before asking how many men needed food. He took Lee’s answer—“about twenty-five thousand”—in stride, telling the general that “he could have…all the provisions wanted.”
By spring 1865, the Confederates who had ridden off to war four years before boasting that their wealthy aristocrats would beat the North’s moneygrubbing shopkeepers in a single battle were broken and starving, while, backed by a booming industrial economy, the Union army could provide rations for twenty-five thousand men on a moment’s notice.
The Civil War was won not by the dashing sons of wealthy planters, but by men like Grant, who dragged himself out of his blankets and pulled a dirty soldier’s uniform over his pounding head on an April morning because he knew he had to get up and get to work.
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April 9, 2023 (Sunday)
On April 9, 1865, General Robert E. Lee surrendered the Army of Northern Virginia to General Ulysses S. Grant of the United States Army at Appomattox Court House in Virginia. Lee’s surrender did not end the war—there were still two major armies in the field—but everyone knew the surrender signaled that the American Civil War was coming to a close.
Soldiers and sailors of the United States had defeated the armies and the navy of the Confederate States of America across the country and the seas, at the cost of hundreds of thousands of lives and almost $6 billion. To the northerners celebrating in the streets, it certainly looked like the South’s ideology had been thoroughly discredited.
Southern politicians had led their poorer neighbors to war to advance the idea that some people were better than others and had the right—and the duty—to rule. The Founders of the United States had made a terrible mistake when they declared, “All men are created equal,” southern leaders said. In place of that “fundamentally wrong” idea, they proposed “the great truth” that white men were a “superior race.” And within that superior race, some men were better than others.
Those leaders were the ones who should rule the majority, southern leaders explained. “We do not agree with the authors of the Declaration of Independence, that governments ‘derive their just powers from the consent of the governed,’” enslaver George Fitzhugh of Virginia wrote in 1857. “All governments must originate in force, and be continued by force.” There were 18,000 people in his county and only 1,200 could vote, he said, “But we twelve hundred . . . never asked and never intend to ask the consent of the sixteen thousand eight hundred whom we govern.”
But the majority of Americans recognized that if it were permitted to take hold, this ideology would destroy democracy. They fought to defeat the enslavers’ radical new definition of the United States. By the end of 1863, President Abraham Lincoln dated the birth of the nation not to the Constitution, whose protection of property underpinned southern enslavers’ insistence that enslavement was a foundational principle, but to the Declaration of Independence.
“Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure.”
The events of April 9 reassured Americans that they had, in fact, saved “the last best hope of earth”: democracy. Writing from Washington, D.C., poet Walt Whitman mused that the very heavens were rejoicing at the triumph of the U.S. military and the return to peace its victory heralded. “Nor earth nor sky ever knew spectacles of superber beauty than some of the nights lately here,” he wrote in Specimen Days. “The western star, Venus, in the earlier hours of evening, has never been so large, so clear; it seems as if it told something, as if it held rapport indulgent with humanity, with us Americans.”
So confident was General Grant in the justice of his people’s cause that he asked only that Lee and his men give their word that they would never again fight against the United States and that they turn over their military arms and artillery. The men could keep their sidearms and their horses because Grant wanted them “to be able to put in a crop to carry themselves and their families through the next winter.”
Their victory on the battlefields made northerners think they had made sure that “government of the people, by the people, for the people, shall not perish from the earth.”
But their conviction that generosity would bring white southerners around to accepting the equality promised in the Declaration of Independence backfired. After Lincoln’s assassination, Andrew Johnson of Tennessee took over the presidency and worked hard to restore white supremacy without the old legal structure of enslavement, while white settlers in the West brought their hierarchical ideas with them and imposed them on Indigenous Americans, on Mexicans and Mexican Americans, and on Asians and Pacific Islanders.
With no penalty for their attempt to overthrow democracy, those who thought that white men were better than others began to insist that their cause was just and that they had lost the war only because they had been overpowered. They continued to work to make their ideology the law of the land. That idea inspired the Jim Crow and Juan Crow laws of the late-nineteenth and twentieth centuries, as well as the policies that crowded Indigenous Americans onto reservations where disease and malnutrition killed many of them and lack of opportunity pushed the rest into poverty.
In the 1930s, Nazi leaders, lawyers, and judges turned to America’s Jim Crow laws and Indian reservations for inspiration on how to create legal hierarchies that would, at the very least, wall certain populations off from white society. More Americans than we like to believe embraced fascism here, too: in February 1939, more than 20,000 people showed up for a “true Americanism” rally held by Nazis at New York City’s Madison Square Garden. The event featured a huge portrait of George Washington in his Continental Army uniform flanked by swastikas.
The decision of government officials 158 years ago to trust in the goodwill of former Confederates rather than focus on justice for everyone else seemed at the time to be the honorable and best course for healing the divided nation. But it ended up protecting the Confederates’ ideology and disheartening those who had fought for the United States. “When the Union men of those States who have suffered every kind of outrage, who have been fined, mobbed, imprisoned, and have seen their Union neighbors hunted and tortured and hung for their fidelity to the Government, see… a conspicuous, leading traitor hastily pardoned by the President that he may become Governor,” wrote Harper’s Weekly a little more than a year after Lee surrendered,
“When they see members of the Cabinet deliberately annulling the law of the land in order to appoint late rebels to national offices, while the most noted and tried Union men in the insurgent States ask in vain for such recognition of their fidelity, how can such men help bitterly feeling the contemptuous scorn with which the triumphant rebels regard them? How can they help asking why they might not as well have been rebels? How can they help the conviction that the policy of the Executive is conciliation of rebels and not recognition of Union men, or avoid asking with intense incredulity whether this is the way in which treason is to be made odious?”
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April 10, 2023 (Monday)
“Justin Jones is reentering the chamber at the Tennessee State Legislature to tremendous applause.”
So said an MSNBC commentator today, after the Nashville Metro Council voted to return Democratic state representative Justin J. Jones to the Tennessee General Assembly. Last week, Republicans expelled Jones and his colleague Justin Pearson, who represents parts of Memphis, for breaches of decorum after they joined with protesters to call for gun safety legislation in the wake of a school shooting last week that left six people, including three 9-years-olds, dead. The colleague who protested with them, Gloria Johnson, survived a motion to expel her, too, by a single vote.
The vote to reinstate Jones to the legislature in an interim seat, until a new election can be held, was 36 to 0.
After the vote, Jones led a march of thousands of people—mostly young people, from the look of the video—back to the Tennessee Capitol building where he was sworn back into office on the Capitol steps.
Once sworn back into office, Jones reentered the legislative chamber arm in arm with Representative Johnson. To great applause, he walked through the chamber, fist held high, past Republican representatives who sat silent and pretended not to see him, as the galleries cheered.
The Shelby County Commission will vote on a replacement for Representative Justin J. Pearson on Wednesday. It can, if it chooses, return Pearson to his former seat until a special election can be held.
In a statement yesterday, Chair Mickell Lowery of the Shelby County Board of Commissioners, a Democrat, said, “The protests at the State Capitol by citizens recently impacted by the senseless deaths of three 9-year-old children and three adults entrusted with their care at their school was understandable given the fact that the gun laws in the State of Tennessee are becoming nearly non-existent. It is equally understandable that the leadership of the State House of Representatives felt a strong message had to be sent to those who transgressed the rules.” Lowery went on to say: “However, I believe the expulsion of State Representative Justin Pearson was conducted in a hasty manner without consideration of other corrective action methods.“
Mickell noted that he was one of the more than 68,000 citizens stripped of their state representation by the state legislature and said he was “certain that the leaders in the State Capitol understand the importance of this action on behalf of the affected citizens here in Shelby County, Tennessee, and that we stand ready to work in concert with them to assist with only positive outcomes going forward."
Yesterday, representatives Jones and Johnson flew from Nashville to Newark, and it happened that Joan Baez, the folk music legend, was on the same airplane. In the Newark airport, Jones asked Baez to sing with him. As Johnson filmed them, together they sang two spiritual-based freedom songs that became anthems in the Civil Rights Era: “Ain’t Gonna Let Nobody Turn Me ‘Round” and “We Shall Overcome.”
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April 11, 2023 (Tuesday)
The dramatic events in Nashville last week, when Republican legislators expelled state representatives Justin Jones and Justin J. Pearson, two young Black men, for speaking out of turn when they joined protesters calling for gun safety, highlighted a demographic problem facing the Republican Party.
Members of Gen Z, the generation born between 1997 and 2012, grew up doing active shooter drills in their schools, and they want gun safety legislation. And yet, Republicans are so wedded to the gun industry and guns as part of party members’ identity that today, one day after five people died in a mass shooting in Louisville, Kentucky—including a close friend of Kentucky governor Andrew Beshear—the Indiana Senate Republicans passed a resolution honoring the National Rifle Association (NRA).
Later this week, Republican leaders will speak at the NRA’s annual convention in Indianapolis, where firearms, as well as backpacks, glass containers, signs, and umbrellas, are prohibited. Those speakers will include former president Trump and former vice president Mike Pence.
The resolution and the speeches at the NRA convention seem an unfortunate juxtaposition to the recent mass shootings.
Abortion rights are also a place where the Republican Party is out of step with the majority of Americans and especially with people of childbearing age. Last Tuesday, Janet Protasiewicz, who promised to protect reproductive rights, won the election for the Wisconsin Supreme Court by an astonishing 11 points in a state where elections are often decided by less than a point. Victor Shi of Voters of Tomorrow reported that the youth turnout of the University of Wisconsin, Madison, increased 240% since the last spring general election in 2019. Youth turnout at the University of Wisconsin, Eau Claire, increased 232%. Almost 90% of those young people voted for Protasiewicz.
And yet the party needs to grapple with last Friday’s ruling by Trump-appointed Texas federal judge Matthew J. Kacsmaryk that the Food and Drug Administration improperly approved mifepristone, a drug used for more than 50% of medically induced abortions, and that it must be removed from the market. The party also must grapple with a new Idaho law that makes it illegal for minors to leave the state to get an abortion without the consent of their parents.
In New York today, Manhattan district attorney Alvin Bragg pushed back against Republican overreach of a different sort when he filed a lawsuit in federal court against Representative Jim Jordan (R-OH) in his official role as chair of the House Judiciary Committee, the committee itself, and Mark Pomerantz, whom the committee recently subpoenaed, in response to a “brazen and unconstitutional attack by members of Congress on an ongoing New York State criminal prosecution and investigation of former President Donald J. Trump.”
The lawsuit accuses Jordan of engaging in “a transparent campaign to intimidate and attack District Attorney Bragg” and to use congressional powers to intervene improperly in a state criminal prosecution. Like any defendant, the lawsuit says, Trump had every right to challenge his indictment in court. But rather than let that process play out, Jordan and the Republican-dominated Judiciary Committee “are participating in a campaign of intimidation, retaliation, and obstruction” that has led to multiple death threats against Bragg. Bragg’s office “has received more than 1,000 calls and emails from Mr. Trump’s supporters,“ the complaint reads, “many of which are threatening and racially charged.”
“Members of Congress are not free to invade New York’s sovereign authority for their or Mr. Trump’s political aims,” the document says. “Congress has no authority to ‘conduct oversight’ into District Attorney Bragg’s exercise of his duties under New York Law in a single case involving a single defendant.”
While Jordan and the Republicans defend Trump, there is a mounting crisis in the West, where two decades of drought have brought water levels in the region’s rivers to dangerously low levels. According to Benji Jones of Vox, who interviewed the former director of the Water Resources Program at the University of New Mexico, John Fleck, last year about the crisis, the problem has deep roots.
One hundred years ago, government officials significantly overestimated the water available in the Colorado River System when they divided it among Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming through the Colorado River Compact of 1922. The compact provided a formula for dividing up the water in the 1450 miles of the Colorado River. It was designed to stop the states from fighting over the resource, although an Arizona challenge to the system was not resolved until the 1960s. On the basis of the water promised by the compact, the region filled with people—40 million—and with farms that grow much of the country’s supply of winter vegetables.
Now, after decades of drought exacerbated by the overuse permitted by the Colorado River Compact and by climate change, Lake Powell and Lake Mead have fallen to critical levels. Something must be done before the river water disappears not only from the U.S., but also from Mexico, which in 1944 was also guaranteed a cut of the water from the Colorado River. The seven states in the compact have been unable to reach an agreement about cutting water use.
Today the Interior Department released an environmental review of the situation that offered three possible solutions. One is to continue to follow established water rights, which would prioritize the California farmland that produces food. This would largely shut off water to Phoenix and Los Angeles. Another option is to cut water distribution evenly across Arizona, California, and Nevada. The third option, doing nothing, risks destroying the water supply entirely, as well as cutting the hydropower produced by the Glen Canyon and Hoover dams.
There is a 45-day period for public comment on the plans, and it appears that the threat of the federal government to impose a solution may light a fire under the states to come up with their own agreement, but it is unlikely they will worry much about Mexico’s share of the water. Historically, states have been unable to agree on how to divide a precious resource, and the federal government has had to step in to create a fair agreement.
Meanwhile, back in Tennessee, the fallout from last week’s events continues. Judd Legum has reported in Popular Information that Tennessee House speaker Cameron Sexton, a Republican, doesn’t live in his district as state law requires. And Tennessee investigative reporter Phil Williams of News Channel 5 reports that state representative Paul Sherrell, “who recently suggested bringing back lynching as a form of capital punishment, has been removed from the House Criminal Justice Committee.”
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warning that the article also includes a hateful quote by him about trans people 
there is a slight silver lining though:
Sherrell is already one of two sponsors of a bill to rename part of a Nashville street after Donald Trump that is currently named after the late civil rights icon and longtime U.S Rep. John Lewis in 2021.
Unless Sherrell succeeds in renaming it President Donald Trump Boulevard, the address of his legislative office will remain 425 Rep. John Lewis Way.
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Ha ha, good luck with that, tightie whitie!!
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April 12, 2023 (Wednesday)
Justin J. Pearson, along with Representatives Justin Jones and Gloria Johnson—the Tennessee Three—joined supporters this morning at the National Civil Rights Museum at the Lorraine Motel in Memphis, Tennessee, before a scheduled special meeting of the Shelby County Board of Commissioners to decide whether to reappoint Pearson to the Tennessee legislature after it expelled him last week. Republicans expelled Pearson and Jones from that body after they and Johnson engaged in a protest for gun safety without being recognized by the chair. The Nashville Metropolitan Council reinstated Jones on Monday.
Meeting at the Lorraine Motel conjured up the history of an earlier era. The motel had been built during segregation in 1925, when it was a white-only business, but after World War II it was Black owned and became one of the few establishments in Memphis that would accept Black patrons. Thus it was that Reverends Ralph Abernathy and Martin Luther King Jr. were staying there in April 1968 during the Poor People’s Campaign, designed to achieve economic justice for poor Americans. They were in Memphis to support a strike of the city’s 1,300 sanitation workers, whose work was dangerous and pay was low.
And it was there, at the Lorraine Motel, that white supremacist James Earl Ray assassinated Reverend King on April 4, 1968, as he stood on a balcony.
This morning, Pearson called out the people at the rally. “This is the democracy that changes the status quo,” he said. “But we’ve got news—the status quo needs changing and the status quo needs you, so today we march and we’re going to keep fighting, we’re going to keep pushing, because we believe that this is what democracy looks like.”
“I wasn’t elected to be pushed to the back of the room and silenced,” Pearson wrote in an op-ed in the New York Times today. “We who were elected to represent all Tennesseans—Black, white, brown, immigrant, female, male, poor, young, transgender and queer—are routinely silenced when we try to speak on their behalf. Last week, the world was allowed to see it in broad daylight.”
“Republican-led statehouses across the country are proposing and passing staggering numbers of bills that serve a fringe, white evangelical agenda that abrogates the rights and freedoms of the rest of us,” he continued. “[W]e have a nation in pain and peril.”
The crowd marched together from the Lorraine Motel to the Shelby County Commissioners’ meeting, where spectators there cheered when Pearson arrived. The commissioners voted unanimously to reinstate Pearson until a special election can be held. The Republicans on the commission didn’t show up to vote.
The echoes of another historical moment also reverberated today. On April 12, 1861, Confederate soldiers fired on Ft. Sumter, a federal fort in Charleston Harbor. Southern leaders had convinced their followers that they must separate from the United States government because it threatened their way of life.
Their economy depended on crops grown by enslaved Black people; their society depended on a racial and patriarchal hierarchy dominated by white men. Southern leaders had taken over first the Democratic Party, then the White House and Senate and Supreme Court, to protect their system and spread it into the West, but the majority of Americans wanted to bottle the system of slavery up in the South.
When that majority put Abraham Lincoln into the White House in 1860, southern leaders concluded that they must start their own country where wealthy white men could rule their states, running things as they saw fit without the interference of the federal government.
The firing on Ft. Sumter was a key early blow in their attempt to replace American democracy with a new system, based on the idea that some men were better than others. It was no accident that on January 6, 2021, one of the men who attacked the United States Capitol carried a Confederate battle flag. Like his predecessors in the Old South, he rejected the outcome of a presidential election and sought to overturn it to create a nation based on white supremacy.
That modern story was in the news today as Delaware Superior Court Judge Eric Davis sanctioned the Fox News Channel and the Fox Corporation for withholding evidence in the defamation lawsuit Dominion Voting Systems has launched against them over their lies about the 2020 election. The information that FNC had withheld evidence came from Abby Grossberg, former producer of Tucker Carlson’s show, who is suing FNC for trying to set her up to take the fall for hosts’ systemic lies about the 2020 election.
Grossberg recorded Trump allies Rudy Giuliani and others saying they didn’t have evidence for their accusations of fraud. A Trump advisor also emphasized that January 6 was the “backstop” for determining who won the election. Grossberg’s lawyers say they gave the recordings to FNC, but FNC did not produce them during discovery for the Dominion lawsuit. “This is a problem,” Judge Davis said. “I need to feel comfortable when you represent something to me that is the truth.”
Not a great note for the FNC to have hit before the trial later this month.
Meanwhile, Josh Dawsey, Devlin Barrett, Rosalind S. Helderman, and Jacqueline Alemany of the Washington Post broke the story that special counsel Jack Smith’s office appears to be looking into whether Trump raised money off his election lies. Laws against wire fraud make it illegal to ask for money over email using lies. The Trump campaign and the Republican National Committee raised more than $250 million between the election and January 6 by claiming the election had been “rigged.” They urged people to send money to an “election defense fund” that didn’t exist.
For his part, Trump appears to be trying to distract from his own legal troubles by inflicting legal trouble on others. Today he sued his former fixer Michael Cohen for more than $500 million for violating attorney-client privilege and “spreading falsehoods.” Many pundits have noted that these two charges are incompatible.
Trump has also asked Judge Lewis Kaplan to delay the trial for E. Jean Carroll’s defamation lawsuit against him for a month, complaining that the intense media coverage surrounding Trump’s recent indictment—a media circus Trump fed, of course—might have tainted the jury pool.
In an interview with host Tucker Carlson on the Fox News Channel last night, Trump once again revealed the tight relationship between the modern Republicans and the destruction of democracy in favor of a strongman. In the interview, Trump indicated his support for Russian president Vladimir Putin and suggested Putin would at some point gain control over all of Ukraine. The International Criminal Court has, of course, indicted Putin for war crimes as his regime has kidnapped children from Ukraine. Today, a horrific video circulated on social media showing what purported to be a Russian soldier beheading a Ukrainian captive.
Aside from the criminality of this action, scholars of war suggest it shows that in the absence of loyalty or patriotism, the Russian army is trying to create cohesion among disaffected troops through war crimes.
In contrast to today’s Russian troops and those supporting them, patriotism was on full display today in Memphis. "You can’t expel hope. You can’t expel justice,” Justin J. Pearson said. “You can’t expel our voice. And you sure can’t expel our fight. We look forward to continuing to fight. Continuing to advocate. Until justice rolls down like water,” he said, echoing the Reverend Dr. King, “[a]nd righteousness like an ever-flowing stream.”
“Let’s get back to work."
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Reshaping via Real Estate Deal
(excerpt) In 2014, one of Texas billionaire Harlan Crow’s companies purchased a string of properties on a quiet residential street in Savannah, Georgia. It wasn’t a marquee acquisition for the real estate magnate, just an old single-story home and two vacant lots down the road. What made it noteworthy were the people on the other side of the deal: Supreme Court Justice Clarence Thomas and his relatives. The transaction marks the first known instance of money flowing from the Republican megadonor to the Supreme Court justice. The Crow company bought the properties for $133,363 from three co-owners — Thomas, his mother and the family of Thomas’ late brother…
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yeah, i saw that on another thread too. what’s especially wild, completely unethical, and probably not illegal - is that crow’s still her landlord!
crow poured money into its upkeep after the purchase, providing material support to thomas’ mother. and at any time, he could put her out on the street, jack up her rent, or tell the property company to refuse her phone calls.
how in the world could that not influence thomas’ thought process?
( and also what kind of horrible cheapskate is thomas, that with all his money he relies on favors to make his own mother’s home livable!? there’s no moral compass there at all )
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April 13, 2023 (Thursday)
“Today the Justice Department arrested Jack Douglas Teixeira in connection with an investigation into alleged unauthorized removal, retention, and transmission of classified national defense information.”
In a press conference, Attorney General Merrick Garland made the announcement that the FBI had arrested Teixeira, a 21-year-old employee of the United States Air Force National Guard. Teixeira allegedly is the source of more than 100 classified U.S. documents that surfaced on social media gaming channels and then spread across the internet over the past several months.
Friends who spoke anonymously to reporters say Teixeira showed them the documents to impress them. They described him as a Christian libertarian who is worried about the direction the country is going. Materials from Teixeira online also reveal racist and antisemitic behavior.
Representative Marjorie Taylor Greene (R-GA) immediately took to Twitter to defend Teixeira. He is “white, male, christian [sic], and antiwar. That makes him an enemy to the Biden regime,” she wrote. She went on to attack U.S. support for Ukraine.
But there is likely more here than her usual attacks on the Biden administration and support for Russia. Removing, retaining, and transmitting classified national defense information sounds an awful lot like what it appears former president Trump did (recent reports suggest that federal investigators seem to be building a case that he showed at least one document to people, although removing and retaining documents are crimes by themselves). Now a young man has been arrested for that behavior, unceremoniously arrested by armed FBI agents with an armored vehicle as a news helicopter caught the arrest on film.
It makes sense that Trump supporters who are concerned about the former president’s similar behavior will do their best to downplay Teixeira’s case. As the media begins to talk about just how serious espionage is and makes people aware of its legal perils, they will want to disparage the charges against Teixeira in case the former president ends up with the same problem.
And speaking of problems, it turns out that Supreme Court Justice Clarence Thomas neglected to disclose not only the “hospitality” he enjoyed at the hands of Republican megadonor Harlan Crow, but also a real estate deal. Justin Elliott, Joshua Kaplan, and Alex Mierjeski of ProPublica—which broke the initial story about Thomas’s involvement with Crow—revealed today that Crow paid Thomas more than $100,000 for a house in which his mother was living and for two vacant lots.
The reporters note that, by law, justices are required to disclose real estate sales of more than $1,000. Thomas did not report the sale, thus obscuring the flow of money—not just hospitality—to him from Crow. Further, Crow then made significant improvements to the home, where Thomas’s 94-year-old mother still lives, and bought and tore down the house next door.
Calls for at least an investigation of Thomas are growing louder. Senator Sheldon Whitehouse (D-RI), who is a leader of the effort to clean up the courts, said: “It would be best for the Chief Justice to commence a proper investigation, but after a week of silence from the Court and the latest disturbing reporting, I’m urging the Judicial Conference to step in and refer Justice Thomas to the Attorney General for investigation” for possibly breaking government ethics laws.
The Judicial Conference meets twice a year to examine policy and administration of the federal court system and to recommend new laws to make it function better. It is made up primarily of leading circuit judges and led by the Chief Justice of the United States Supreme Court, in this case John Roberts.
The speaker of the Tennessee House of Representatives, which recently expelled two young Black lawmakers who have since been returned to office, is also in trouble. Judd Legum of Popular Information first chased down that speaker Cameron Sexton is living in Nashville rather than the district he represents.
With more digging, Legum has turned up that Sexton apparently bought a $600,000 home in Nashville and hid that purchase, keeping his name off the documents and keeping his wife’s signature obscure. He has argued that he could legally continue to represent Crossville, his alleged place of residence, because so long as he has a “definite intention of returning,” Tennessee law okays lawmakers living elsewhere. But the purchase of a $600,000 home in Nashville seems like a pretty permanent abandonment of Crossville.
Legum also notes that Sexton has been drawing $313 a day to commute back to his district while he is not, in fact, commuting back to his district. Since 2021, he has claimed $92,071 in expenses, likely enough to cover his mortgage.
The Republican lawmakers in Tennessee may come to regret the attention they’ve drawn to themselves and their habits of governance.
Florida governor Ron DeSantis is also in trouble, although his trouble is political.
Today the Republican-dominated Florida legislature passed a bill that would ban abortion after six weeks of pregnancy, which is before many people even know they’re pregnant. The measure is popular with the Republican base, whose support DeSantis will need for a presidential bid, should he decide to make one. But abortion restrictions are hugely unpopular across the country, giving Democrats a big leg up in every election that has come since the Supreme Court last summer overturned the 1973 Roe v. Wade decision legalizing abortion.
DeSantis signed into law a bill banning abortion after 15 weeks last April, before the Dobbs v. Jackson Women’s Health decision that overturned Roe. In that case, he held a midday press conference and made a speech. But Dobbs has created a powerful backlash. This time around, for this even stricter measure, DeSantis signed the bill late tonight and released a picture of the signing after 11:00 p.m., when few people would see it. He appears to be trying to appeal to the base while also keeping his actions quiet enough to slide them under the radar screens of non-MAGA voters.
DeSantis’s secret signing stands in marked contrast to the scene in Michigan, where Governor Gretchen Whitmer today signed into law two new gun safety measures, one requiring guns to be locked away rather than left loose in a home with a minor child, and one requiring background checks for gun show and private purchases. A mass shooting at Michigan State University two months ago killed three students and badly wounded five others.
Whitmer signed the bills during the day, before a crowd at Michigan State University’s Spartan Stadium. Although Republicans oppose the new laws and have already sued to stop them from going into effect as scheduled next year, Whitmer said, “All of these initiatives are supported by a majority of Michiganders…. I’ve gotten letters from all across our state asking for us to get this done.”
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