Three Things: Fire, Fire, Fired [UPDATE-1]

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[NB: Check the byline, thanks.  Updates will appear at the bottom of this post. /~Rayne]

Bet you’ll guess only one of the three people our country needs to have removed from their position and replaced immediately.

Oops, there’s four, but let’s call it a two-fer.

But these people can’t be fired by the president, one might say.

If the Supreme Court said the president can fire the head of the Consumer Financial Protection Board according to its decision in Seila Law v. CFPB — Article II, Section 1’s vesting clause assures the president can remove those who assist him in execution of his duties — the president can likewise fire the heads of other executive branch functions.

Do it, Joe Biden. Get this done. Deliver for the people.

~ 3 ~

Fire U.S. Postmaster General Louis DeJoy — right the fuck now.

And fire along with him whomever it is on the USPS Board of Governors who has been bottlenecking his removal, which is likely governor chairman Ron Bloom.

DeJoy is hurting retired and disabled Americans who can no longer rely on getting their essential medicines on a timely basis. With some diabetics in particular already rationing their overpriced medicines, the mounting unnecessary delays caused by changes DeJoy implemented with the Board of Governors’ consent are causing injury. Lawmakers have tried to intervene on behalf of veterans whose medicines are mailed by the Veterans Administration, but without improvements to vets and non-vets alike.

It’s only a matter of time before we hear of some American who died as a result of USPS delays.

DeJoy is hurting businesses, particularly small business owners; they can’t rely on getting a First Class letter containing a payment from across town within a week, nor can their workers or contractors who are paid by check get their payments on a timely basis because of DeJoy’s unnecessary changes to USPS service. There have been losses which can’t simply be fixed by a replacement shipment — like dead chicks.

DeJoy’s changes to USPS aren’t saving Americans money; they’re costing them more and they can’t see this expense in their taxes where it’s concrete. It’s leaking away in disruptions to business and in injury to their vital personal needs.

We can’t tell how much of the manifold supply chain crises we’re experiencing is really DeJoy’s gross mismanagement of postal deliveries, even though DeJoy made the USPS prioritize package deliveries over First Class mail. Wrong move when business’s liquidity may be in that First Class mail.

The USPS has gotten so bad it now has its own Wikipedia entry for U.S. Postal Service Crisis.

Meanwhile, DeJoy continues to hold his current job in spite of documented and mismanaged conflicts of interest, including the purchase of $305,000 of bonds from Ron Bloom’s investment company.

The American public can’t afford to wait for any current investigations into his corruption to be completed.

DeJoy needs to go and take his corruption and lousy management with him. It’s not like he’s counting on the postmaster gig for a living while millions of Americans count on the USPS for their daily needs.

Don’t forget to take Trump-appointee Bloom, too. He’s likely been the reason the Board of Governors hasn’t removed DeJoy already since Biden appointees were named to the board.

How much longer are we going to have to yell about this particular Trumpian mess?

~ 2 ~

Fire the head of the Federal Election Commission Shana Broussard.

Broussard, a Trump-appointed Democrat (which should make one immediately skeptical), voted with the three GOP members of the FEC to dismiss a complaint that a foreign company Sandfire Resources donated $270,000 to a ballot initiative, Stop I-186 to Protect Mining and Jobs, in Montana to further its mining interests.

You’d think Broussard would have relied on the opinion of another Democratic FEC commissioner, Ellen Weintraub, to make her decision but no. Weintraub published a dissent which essentially begs Congress and state legislatures to ensure U.S. democracy is protected by regulations “preventing foreign influence over the U.S. political process.”

You’d also think Broussard as a Democrat would have some grasp of what’s at stake after the influence of foreign money on the 2012-2016 elections though laundered legally thanks to Citizens United — but no.

Further, you’d think Broussard would understand the GOP doesn’t lockstep with the three GOP FEC commissioners as to foreign influence. Evidence of this bipartisan concern appears in H.R. 5841 – the Stop Foreign Funds in Elections Act submitted on November 3 and forwarded to the House Committee on House Administration.

But no, Broussard is out of touch with what is needed to protect U.S. elections and simply not up to the job. At least she spurred a genuine bipartisan effort born of panic over her indifferent work.

Hand her a pink thank u, next card, and then ask Weintraub who she’d hire instead.

~ 1 ~

Fire Bureau of Labor Statistics section chief Angie Clinton.

The employment statistics errors resulting in the biggest correction ever of BLS reporting merits a shakeup.

How do you fuck up reporting the number of payroll checks issued this badly for months? Granted, that’s an oversimplification but this is in essence what’s needed: counting the payroll paid out and correctly classifying which types of jobs were paid.

If businesses are late reporting the data because we’re in a goddamned pandemic, REPORT THAT CAVEAT with emphasis appropriate to the occasion.

This is unacceptable:

In August, when economists expected a strong follow-up to the 943,000 jobs the economy added in July, the BLS announced the U.S. added only 235,000 jobs. Headlines dubbed it a “colossal miss” as job growth took a “giant step back.” Two months later, revisions based on additional data showed August jobs grew by 483,000, more than double the anemic original reading. It was the biggest positive revision in almost four decades.

When the incoming data appeared this far off, there should have been some hustle to explain it with a strong caveat.

Businesses of all sizes can’t make accurate decisions about their hiring and retention if they are going to receive such deeply erroneous information. How many businesses have been thinking there are unemployed on the sidelines waiting when they’ve already been hired?

Businesses are now late to rethinking their processes due to a much tighter workforce. How much of this delay looks like supply chain crises?

How much have these errors delayed improvements to supply chain problems when it can take a year more to plan, design, build, install, and implement automation to augment labor? Demand for automation had already been strong before the pandemic; the chip manufacturing problems compound lead times for equipment. Delays because of bad BLS data only exacerbate challenges.

We can’t afford these mistakes. Ditch Clinton.

~ 0 ~

Americans who watched that orange-tinted slack-bottomed mobster masquerading as a legitimate business person for over a dozen years have been trained to expect a chief executive who terminates failures.

Biden as our chief executive needs to not only hire but fire when the people have been failed.

And these three have failed. There are equally or better talented people waiting in the wings who don’t have the corrupt conflict of interests DeJoy has or the flop sweaty stink of Trump mole on them like Clinton and Broussard.

Two of these four are Democrats — that’s Shana Broussard and Ron Bloom — which should make GOPrs happy that it’s not a partisan purge.

Do it, clean house. We demand better. Tell them “You’re fired” because their screw-ups are big fucking deals.

~ ~ ~

UPDATE-1 — 10:10 AM ET 19-NOV-2021 —

Well, well, well, would you look at what hit my timeline shortly after 8:00 a.m. today…

Biden expected to replace Ron Bloom, USPS board chair and key DeJoy ally, on postal board

President Biden is expected to announce Friday that he will not renominate Ron Bloom, the chair the U.S. Postal Service board and a key ally of Postmaster General Louis DeJoy, when his term expires next month, according to three people with knowledge of the situation.

The move casts doubt on DeJoy’s future at the agency, the people said, who spoke on the condition of anonymity to discuss private conversations.

Excellent. Bloom’s term ends on December 8. Let’s get a better governor in that seat who respects union labor but also understands the importance of reliable postal service to this nation’s competitive standing and to its individual constituents.

This:

Congressional Democrats are still fuming about DeJoy’s planned mail slowdowns in the run up to the 2020 presidential election, his past activity as a Republican megadonor and his financial relationship with Bloom. DeJoy between October 2020 and April purchased up to $305,000 in bonds from the asset management firm where Bloom is a senior executive.

Postal ethics officials have cleared the transaction, and Bloom has told The Washington Post that he receives “no benefit whatsoever” when bonds issued by his company, Brookfield Asset Management, are bought or sold.

Support of First Class mail slowdowns during an election year, with the removal of sorting machines from key locations in blue cities, was absolutely unacceptable and Bloom shouldn’t be re-nominated for this reason alone if he supported DeJoy on this change. It’s never been clear how Bloom’s relationship with the letter carriers’ union survived after this change; how did removing those sorting devices improve the lives of unionized postal workers?

The appearance to the public of a conflict of interest should have mattered to both Bloom and DeJoy even if they had clearance from USPS postal ethics officials. At the top of the USPS’ food chain they are expected to exert a greater effort to avoid any transactions which could raise questions, and they simply didn’t.

[Note to self: look into the postal ethics officials because there’s far too little transparency about this asset management matter.]

A Republican seat on the board of governors will also open along with Bloom’s — let’s hope there’s a rational GOP or another independent out there Biden can appoint to that slot when he names Bloom’s replacement.

And then on to excising the wart named DeJoy.

GOP Denounces Barry Goldwater, John Tower, and Richard Nixon?

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John Tower and Barry Goldwater, ca. 1963.

The Republican governors are all clutching their pearls over Biden’s announcement to use the power of the federal government to require many businesses across the country to ensure their employees are either vaccinated against COVID-19 or are regularly tested. The New York Times did a round-up of some their comments, many taken from either Twitter or Sunday morning talk shows. Here’s a taste . . .

Now, they [various GOP governors] are arguing that Mr. Biden’s plan is a big-government attack on states’ rights, private business and personal choice, and promise swift legal action to challenge it, setting up a high-stakes constitutional showdown over the president’s powers to curb the pandemic.

“@JoeBiden see you in court,” Gov. Kristi Noem of South Dakota wrote on Twitter. Gov. Mark Gordon of Wyoming said the new rule “has no place in America,” and said he had asked the state’s attorney general to be ready to take legal action.

In Texas, Attorney General Ken Paxton questioned President Biden’s authority to require vaccinations or weekly testing at private businesses with more than 100 workers.

“I don’t believe he has the authority to just dictate again from the presidency that every worker in America that works for a large company or a small company has to get a vaccine,” Mr. Paxton said, speaking on a radio show hosted by Steve Bannon, who served as a strategist for Donald J. Trump during part of his presidency. “That is outside the role of the president to dictate.”

[snip]

Gov. Greg Abbott of Texas called the actions an “assault on private businesses” in a statement on Twitter. He said he issued an executive order protecting Texans’ right to choose whether or not they would be vaccinated. “Texas is already working to halt this power grab,” he wrote.

Gov. Doug Ducey of Arizona wrote on Twitter: “The Biden-Harris administration is hammering down on private businesses and individual freedoms in an unprecedented and dangerous way.” He questioned how many workers would be displaced, businesses fined, and children kept out of the classroom because of the mandates, and he vowed to push back.

*sigh*

Friends, let me introduce you to Public Law 91-596, initially signed into law on December 29, 1970 by Richard Nixon, and amended variously since then. Below are the first two sections of the law. Notice, please, the language I’ve highlighted with underlining (bold is from the original text):

An Act
To assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the “Occupational Safety and Health Act of 1970.”

Footnote (1) See Historical notes at the end of this document for changes and amendments affecting the OSH Act since its passage in 1970 through January 1, 2004.

SEC. 2. Congressional Findings and Purpose
(a) The Congress finds that personal injuries and illnesses arising out of work situations impose a substantial burden upon, and are a hindrance to, interstate commerce in terms of lost production, wage loss, medical expenses, and disability compensation payments.

(b) The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources —

My, but the language of paragraph (a) sounds like Congress intended the US Department of Labor to regulate conditions that create or spread illnesses in the workplace, and paragraph (b) states pretty clearly where Congress claimed the authority for doing so is grounded in the Commerce Clause of the US Constitution.

Continuing on, the act spelled out some of the details of that “purpose and policy” with the following 13 sub-paragraphs (again, underlining is mine):

(1) by encouraging employers and employees in their efforts to reduce the number of occupational safety and health hazards at their places of employment, and to stimulate employers and employees to institute new and to perfect existing programs for providing safe and healthful working conditions;

(2) by providing that employers and employees have separate but dependent responsibilities and rights with respect to achieving safe and healthful working conditions;

(3) by authorizing the Secretary of Labor to set mandatory occupational safety and health standards applicable to businesses affecting interstate commerce, and by creating an Occupational Safety and Health Review Commission for carrying out adjudicatory functions under the Act;

(4) by building upon advances already made through employer and employee initiative for providing safe and healthful working conditions;

(5) by providing for research in the field of occupational safety and health, including the psychological factors involved, and by developing innovative methods, techniques, and approaches for dealing with occupational safety and health problems;

(6) by exploring ways to discover latent diseases, establishing causal connections between diseases and work in environmental conditions, and conducting other research relating to health problems, in recognition of the fact that occupational health standards present problems often different from those involved in occupational safety;

(7) by providing medical criteria which will assure insofar as practicable that no employee will suffer diminished health, functional capacity, or life expectancy as a result of his work experience;

(8) by providing for training programs to increase the number and competence of personnel engaged in the field of occupational safety and health; affecting the OSH Act since its passage in 1970 through January 1, 2004.

(9) by providing for the development and promulgation of occupational safety and health standards;

(10) by providing an effective enforcement program which shall include a prohibition against giving advance notice of any inspection and sanctions for any individual violating this prohibition;

(11) by encouraging the States to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws by providing grants to the States to assist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this Act, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connection therewith;

(12) by providing for appropriate reporting procedures with respect to occupational safety and health which procedures will help achieve the objectives of this Act and accurately describe the nature of the occupational safety and health problem;

(13) by encouraging joint labor-management efforts to reduce injuries and disease arising out of employment.

And what kind of liberal cabal forced this clearly authoritarian legislation through Congress? I’m glad you asked.

The Senate vote was 83-3, with 14 not voting. Among the 83 were Barry Goldwater and John Tower — not exactly a liberal pair of folks. The only three senators to vote against this were James Eastland, Sam Ervin, and Strom Thurmond. Over in the House, the final vote was 310-58, with 65 not voting. Looking at the voting patterns of some of the state delegations, it’s plain to see that this was both bipartisan and widely accepted on their side of the building, too.

  • Kentucky (4D/3R) voted 7-0-0;
  • Wisconsin (5D/5R) voted 9-0-1;
  • Oklahoma (4D/2R) voted 5-0-1;
  • Florida (9D/3R) voted 6-4-2, with the 4 nays all Democrats and 2 who abstained both GOP;
  • Tennessee (5D/4R) voted 5-1-3 (the 3 included 2 Dems and 1 Republican);
  • Arkansas (4D/1R) voted 4-0-1 (the 1 was a D);
  • South Dakota’s (2R) voted 1-0-1;
  • Montana (2D) voted 2-0-0;
  • Wyoming’s sole GOP representative voted aye.

In other words, there were staunch conservatives who voted for this, along with plenty of non-conservatives. The bill that became Public Law 91-596 was seen by a wide majority of both the members of the House and Senate to be a good thing, and well within the powers of the Federal Government to undertake.

Go back to the text of the law above, and look at items 6 and 7. These both make clear that OSHA’s mission includes dealing with disease transmission in the workplace. Then skip down to 11, which says the Federal government should work with states, including providing grants for this work. You know, like providing a free vaccine to deal with disease transmission in the workplace.

OSHA has been around for more than 50 years, and no one has succeeded in challenging their the authority to regulate health conditions in the workplace under this act. There have been successful arguments overturning specific regulations, but the authority to regulate has not been overturned.

I’m not a governor or an attorney general, but I can read the plain text of the law. I can see the wide political range of legislators who voted to create OSHA, and given that OSHA is still here and going strong after 50 years, it’s clear that the ability of the federal government to regulate the workplace for safety and health has not been overturned or declared unconstitutional.

So if anyone reading happens to be in conversation with one of these pearl-clutching Republican leaders when they start in on their “This is unprecedented and un-American!” nonsense, ask them for a link.

Better yet, ask Governor Ducey why Goldwater voted for OSHA. Ask Governor Abbott and AG Paxton why John Tower voted for OSHA. Ask any of today’s so-called conservatives why a bunch of other conservatives voted with Goldwater and Tower to approve OSHA, and why a conservative like Richard Nixon signed it.

Track This Post: U.S. Postmaster DeJoy Must Be Fired and Hajjar Hired

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[NB: Check the byline, thanks. /~Rayne]

No. Hell no.

The U.S. Postal Service has been covertly monitoring Americans’ social media. The surveillance program was first reported last month; this is some seriously ugly stuff.

Now we learn the USPS has been using Clearview AI for facial recognition, Zignal Labs for keyword searches, and Nfusion software to create untraceable covert accounts.

Why has the USPS been using anything other than intelligence from the Department of Justice for monitoring events which may pose risks to normal mail delivery?

Why were these resources used to monitor First Amendment-protected protest rallies like those in the wake of George Floyd’s death last year?

While this was running under Louis DeJoy’s tenure at the U.S. Postal Service, it began under the previous postmaster Margaret Brennan’s term. Did Brennan know the scope of this surveillance program when it began? Did the scope change over time with or without her awareness?

Did the USPS Board of Governors know about this program and its spying on American’s social media?

Surprisingly, there are GOP members of Congress who are unhappy with USPS’ spying on Americans — Matt Gaetz and Louis Gohmert have both expressed concern. One might wonder why.

Of course these GOP members tipped their hand and submitted a bill to defund the USPS which gives away GOP’s desire to kill the USPS as a government service which private sector businesses could carve up, ditching unprofitable parts along with the USPS’ obligation to protect privacy of mail contents.

~ ~ ~

All of which brings us to another ongoing problem: the U.S. Postal Service’s Board of Governors still doesn’t include all of Joe Biden’s nominees. At least one of three nominees remains unapproved, obstructing Biden administration’s ability to deal with the lousy mail service under DeJoy’s leadership and the covert domestic spying program. There’s ample reason for both parties to light a fire under the confirmation process based on the history of the USPS under DeJoy’s highly-questionable leadership:

16-JUN-2020 — Louis DeJoy assumed office as U.S. Postmaster; he joins a Board of Governors which are all Trump appointees, white and all male.

10-JUL-2020 — A USPS internal memo restricted overtime and ordered postal personnel to return to their post office on time, thereby reducing priority on timely delivery of mail.

07-AUG-2020 — DeJoy overhauled USPS’ upper management; 23 senior USPS officials were reassigned or displaced.

24-AUG-2020 — Before the House Oversight Committee, DeJoy said, “I did not direct the elimination or any cutback in overtime.”

SEP-NOV-2020 — Several lawsuits were filed due to USPS’ handling of mail related to the election including ballots and dissemination of false information by the USPS about voting by mail in Colorado.

02-NOV-2021 — On the eve of the election, first-class mail on-time delivery rate had dropped to 80% after DeJoy’s changes from over 90% before DeJoy became postmaster.

21-FEB-2021 — By way of a FOIA lawsuit, Citizens for Responsibility and Ethics in Washington obtained documents which showed DeJoy lied to Congress about cutting overtime.

23-FEB-2021 — USPS awards Oshkosh Defense a contract worth approximately $6 billion for a next-generation fleet of 165,000 delivery vehicles which are “equipped with either fuel-efficient internal combustion engines or battery electric powertrains and can be retrofitted to keep pace with advances in electric vehicle technologies.”

24-FEB-2021 — Hearing before House Oversight Committee in which DeJoy testifies about mail slowdown.

24-FEB-2021 — Biden announced three nominees for open seats on the USPS Board of Governors.

11-MAR-2021 — House members submitted a bill to halt the contract with Oshkosh Defense as the contract may violate Biden’s executive order dd. January 27 requiring all federal fleet vehicles purchased thereafter to be “clean and zero-emission.”

22-APR-2021 — Confirmation hearing before Homeland Security and Governmental Affairs Committee for all three Biden nominees.

12-MAY-2021 — Ronald Stroman (Democrat) confirmed by the Senate; his term will expire December 8, 2028.

13-MAY-2021 — Amber Faye McReynolds (Independent) confirmed by Senate for term ending December 8, 2026.

19-MAY-2021 — Anton Hajjar (Democrat) remains unconfirmed.

Finish this job, Senators. Constituents on both sides of the aisle need better, more reliable postal service; they also don’t need a postmaster who is so egregiously disrespectful of his role as a public employee, nor another covert surveillance program outside the scope of USPS’ mission relying on iffy platforms like Clearview AI.

The public also needs more diverse representation within their federal government; Hajjar’s confirmation would realize two men of color on the Board of Governors, both appointed by Biden along with McReynolds.

But it doesn’t stop with Hajjar’s confirmation. Governors Ron A. Bloom and Donald L. Moak, both identified as Democrats, both appointed under the Trump administration, may need to be replaced. They failed to object forcefully enough to the use of a covert surveillance system on Americans’ protected First Amendment speech. Can the country depend on them to do the right thing to work with the other Democratic and Independent appointees to remove DeJoy after they’ve failed the public?

~ ~ ~

A few last thoughts: Since the USPS was surveilling the American public, did it also fail to advise Capitol Police and the Department of Justice there was a growing threat leading up to the January 6 insurrection?

Did someone use the USPS system to see what the other intelligence agencies saw ahead of the insurrection?

Did the USPS collect documentation about what it saw brewing?

Sure hope somebody asks behind closed doors on Capitol Hill.

On Conspiracy

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In comments, Harpie went back to Elizabeth de la Vega’s summary of conspiracy.

Since Eureka brought this up above, I figured it might be timely to post it again:

Conspiracy Law – Eight Things You Need to Know.
One: Co-conspirators don’t have to explicitly agree to conspire & there doesn’t need to be a written agreement; in fact, they almost never explicitly agree to conspire & it would be nuts to have a written agreement!
Two: Conspiracies can have more than one object- i.e. conspiracy to defraud U.S. and to obstruct justice. The object is the goal. Members could have completely different reasons (motives) for wanting to achieve that goal.
Three: All co-conspirators have to agree on at least one object of the conspiracy.
Four: Co-conspirators can use multiple means to carry out the conspiracy, i.e., releasing stolen emails, collaborating on fraudulent social media ops, laundering campaign contributions.
Five: Co-conspirators don’t have to know precisely what the others are doing, and, in large conspiracies, they rarely do.
Six: Once someone is found to have knowingly joined a conspiracy, he/she is responsible for all acts of other co-conspirators.
Seven: Statements of any co-conspirator made to further the conspiracy may be introduced into evidence against any other co-conspirator.
Eight: Overt Acts taken in furtherance of a conspiracy need not be illegal. A POTUS’ public statement that “Russia is a hoax,” e.g., might not be illegal (or even make any sense), but it could be an overt act in furtherance of a conspiracy to obstruct justice.

de la Vega has been consistently good on conspiracy going back to the first failed impeachment effort and the lead up to it. I posted this at least once before, think on a post I penned, but not sure, so am going to put this out here again.

At any rate, here are a set of model jury instructions (that I have previously patterned off of for real trials) for a conspiracy case. They are for a drug case, but conspiracy is conspiracy, and the law is pretty much the same, and has long been. What Harpie cited from de la Vega is correct. But to give you a look at how it actually goes down in a court, check out actual pattern jury instructions, because real instructions are always the guide in a real criminal trial. Substitute in the elements for 18 USC §373 and 18 USC §2101, or any of the other various putative crimes being discussed ad nauseam and you will get the picture.

As you read through them, keep in mind the question of “what holes could a competent criminal defense attorney drive a truck through here given a beyond a reasonable doubt burden?”

Now would Trump acquire an actually competent criminal defense attorney were, in the unlikely event he is really charged? Now there is a great question! But, if he were to, there are currently still a LOT of holes. People are getting ahead of themselves. Read the instructions, they scan pretty fast. But keep in mind that once you charge and put a defendant, any defendant, on trial, things are not as easy as they are here or on social media.

Amanda Gorman Made Silvester Beaman Sad, Joe Biden Happy, and John Lewis Dance

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"https://youtu.be/lI1c-Lbd4Bw

The saddest person on the Inaugural stage was not Mike Pence, the outgoing Vice President. Indeed, after what he had to put up with from Trump for the last month, he’s probably relieved if not outright happy. The saddest person was not Amy Klobuchar or other presidential hopefuls who came up short during the primaries, who no doubt imagined themselves as the person taking the oath of office today. The saddest person on the stage today was the Reverend Doctor Silvester Beaman of Bethel AME Church in Wilmington, Delaware.

The happiest person on the stage was President Joe Biden, but it’s not because he was sworn in as the 46th president of the United States of America. It’s not because the inauguration went off without more violence. It’s not because he can finally *do* things to address all the problems he and we are facing, which had to have been incredibly frustrating as the transition floundered and foundered and blundered its way to today. It’s not because he accomplished what Beau wanted him to do.

The reason Beaman was so sad and Biden was so happy is this: Biden finished before Amanda Gorman spoke and Beaman had to follow her. Honestly, I half expected Beaman to step up to the microphone, ask “Can I get an Amen?”, and then drop the folder with his prepared benediction and sit down. Don’t get me wrong: Beaman’s words were good, but he had to know that he was following something epic.

When I saw Gorman come down the Capitol steps wearing her yellow power coat, her bold hoop earrings, her bright red wrap around the powerful tight braids atop her head, I just sat back and smiled. Michelle Obama looked great in her purple, but she was a member of the audience today. Lady Gaga and Jennifer Lopez both made their entrances before they picked up the microphone, and were fine, but Gorman owned those steps in a way that no on else did today. Seeing her enter reminded me of AOC stepping onto the House floor in her power red suit as she prepared to respond to being called a “fucking bitch” by Florida Congressman Ted Yoho. Before Gorman opened her mouth, it was clear that she had Something To Say and it was going to be good.

And make no mistake: she did, and it was.

It was incredibly powerful for three reasons. First, Gorman was unapologetically herself: young, African-American, articulate, and proud of all three. She did not cast herself as Maya Angelou or Robert Frost, two earlier inaugural poets. She spoke with the rhythms of rap that are the language of her generation and her community, embracing the whole heritage of Africans on this continent, and conscious of her power in this moment.

Second, Gorman was unflinchingly honest. She spoke of the ugliness of our history at times, at the tragedies we have been through, and the reality of what is going on right now. There were no pious platitudes to paper over the pain that far too many have had to deal with for far too long.

Most of all, Gorman was unimaginably hopeful. If she owned and possessed the four centuries of pain poured out on the Africans brought to this country in chains and their descendants who lived through slavery, official Jim Crow, and unofficial oppression, she also owned and possessed the strength that carried them through it all, forcing this country to slowly and painfully look at its past, decide to change, and actually make those changes begin to come to be.

But while democracy can be periodically delayed,
it can never be permanently defeated.
In this truth, in this faith we trust
for while we have our eyes on the future, history has its eyes on us.

This is the era of just redemption.
We feared it at its inception.
We did not feel prepared to be the heirs of such a terrifying hour,
but within it, we found the power
to author a new chapter,
to offer hope and laughter
to ourselves so while once we asked,
how could we possibly prevail over catastrophe?
Now we assert:
how could catastrophe possibly prevail over us?

We will not march back to what was,
but move to what shall be
a country that is bruised, but whole,
benevolent, but bold,
fierce, and free.
We will not be turned around or interrupted by intimidation
because we know our inaction and inertia will be the inheritance of the next generation.
Our blunders become their burdens.
But one thing is certain,
if we merge mercy with might and might with right,
then love becomes our legacy and change our children’s birthright.

And with these words, I thought immediately of John Lewis, the happiest person *not* on the stage today.

Gorman was not mindlessly repeating the words of an earlier generation of activists, but building on them. Just as the 23 year old John Lewis spoke on the steps of the Lincoln Memorial in 1963, so the 22 year old Amanda Gorman stood at the other end of the Mall, on the steps of the Capitol in which John Lewis served until he died, and she is taking this nation one more step forward. She isn’t asking permission to do this, or suggesting this be done. She is declaring reality: we will not be turned around or interrupted by intimidation.

I am glad that Joe Biden and Kamala Harris defeated Donald Trump and Mike Pence. I am relieved that we have made it through the transition between the election and today. I am still shaken by the insurrection of January 6th and what may yet lie ahead on that front. But I am dancing in my living room right now, and am convinced that John Lewis is dancing in heaven today, because in Amanda Gorman we see that the good troublemaking goes on.

How could catastrophe possibly prevail?

Inauguration Day 2021: Celebrate!

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Not much content going into this post apart from an observation of key landmarks:

— First woman vice president

— First Black and Asian vice president

— First Jewish Second Spouse

— First Catholic president sworn in by a Catholic Chief Justice

— First cabinet in which there is a greater percentage of Black appointees compared to percentage of Black population

— Oldest president sworn into office

— First Democratic control of Senate since 2011

President Biden will sign executive orders today which include returning to the Paris Agreement on climate change:

Vice President Harris will swear in Georgia’s new senators Jon Ossoff and Rafael Warnock, and her replacement for California, Alex Padilla.

Let’s celebrate the moral universe’s arc shifting toward justice again.

If you have a landmark you believe we should note, please share it in comments.

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UPDATE-1 — 3:50 P.M. ET —

Biden has named new acting leadership in departments; this should counteract some of the hangers on left behind by the Trump administration until more permanent personnel changes can be made including the approval of Biden’s nominees.

Hope network access and security clearance has been removed from a few folks whose status is questionable going forward. The cost to put them into special assignments would be much less than the cost of remediating a security threat.

Minority Report: Biden’s Waiver-Needed SecDef Nominee Lloyd Austin

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[NB: Check the byline, thanks. Opinion herein is mine alone. / ~Rayne]

I started writing this post about Biden’s nominee for Secretary of Defense during the first week of December; this portion of the post remains unedited after the events of January 6. I’ve left the first two-thirds unchanged to make a point.

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Before I get to the meat of this post let me pose a few questions:

Can you name a Fortune 1000 CEO who is American by birth, Black, or a woman, or both?

Can you think of a Fortune 1000 CEO who is American by birth and a minority with a long, successful track record of leading a transnational corporation with more than 50,000 employees?

Can you think of an American citizen who is a minority who has led an international NGO with more than 50,000 employees?

There are fewer than 40 CEOs fitting the description leading in the corporate sector. In late 2019 the percentage of Black and/or woman CEOs was roughly 0.036%.

Corporate America is still absurdly homogeneous even after decades of women obtaining more than half the business degrees awarded in the U.S., and after affirmative action efforts by universities up to 2006.

We can be certain that the next layer of management below CEO and president looks just like this — ridiculously white and male. Major U.S. nonprofits look marginally better.

However this is the most obvious pool of candidates for Secretary of Defense under the National Security Act of 1947, from which Joe Biden should select the next SecDef.

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Today’s military is deeply challenged:

The collisions of the USS Fitzgerald and USS McCain in 2017 revealed serious weakening of discipline at a time when geopolitical tensions are mounting with China and Russia. Corrective action is ongoing.

The disappearance and murder of Army Spec. Vanessa Guillén in 2020 as well as the death of Pvt. Gregory Wedel-Morales in August 2019 brought to light systemic problems at Fort Hood in Texas. Punitive measures were only just announced yesterday, resulting in firing and demotion of at least 14 leadership personnel at the base. If these failures were deep in the third largest U.S. military base on American soil, there are likely similar failures if at smaller scale at other bases.

The military has become a training ground not for our own troops but future domestic terrorists, as these examples demonstrate:

  • An active-duty Marine, Vasillios Pistolis, assaulted counter-protesters at the “Unite the Right” rally in Charlottesville, SC in 2017. He had been a member of white supremacist group Atomwaffen and then a different unnamed extremist organization while he was in the military.
  • ProPublica found multiple active-duty military members and veterans who were members of white supremacist or nationalist extremist groups during their investigation into Pistolis post-Charlottesville.
  • This past June in Nevada, three veterans were arrested on terrorism charges. They intended to elevate protests against pandemic-related business closures into violence.
  • Three of four neo-Nazis planning to attack Black Lives Matter protesters were former Marines; the fourth was an active duty Marine serving in North Carolina when he was arrested in October along with his co-conspirators.

In response to ProPublica’s investigative reporting on Pistolis, House Rep. Keith Ellison demanded an investigation into white supremacy’s influence on the military; he also asked then-Secretary of Defense James Mattis to share “steps currently being taken to screen recruits for extremist ties.” It’s not clear what happened following Ellison’s demand.

A sizable number of domestic terror threats generated by veterans and active-duty military have roots in far right extremism associated with white supremacy, from veteran Timothy McVeigh who bombed the Alfred P. Murrah Federal Building in 1995 to this October’s planned attack on BLM protesters. The military needs to stem the toxic influence of white supremacy with active anti-racism, including deplatforming Confederate icons. The National Defense Authorization Act (NDAA) passed in early December by a veto-proof majority in the House; the bill required the Defense Department to remove names of Confederate leaders and rename them in an effort to remove racists figureheads from the military.

Effectively addressing systemic lapses in military discipline and subversive influences threatening national security requires a strong grasp of U.S. military culture, let alone an appreciation for the diverse force of 1.3 million active duty personnel, of which only 57% were white in 2017:

… In 2017, women represented 16% of the overall active duty force, up from 9% in 1980 and just 1% in 1970.

The percentage of officers who are women has steadily grown since the 1970s. For example, in 1975, 5% of commissioned officers were women, and, by 2017, that share had risen to 18%.

… In 2004, 36% of active duty military were black, Hispanic, Asian or some other racial or ethnic group. Black service members made up about half of all racial and ethnic minorities at that time.

By 2017, the share of active duty military who were non-Hispanic white had fallen, while racial and ethnic minorities made up 43% – and within that group, blacks dropped from 51% in 2004 to 39% in 2017 just as the share of Hispanics rose from 25% to 36%.

Fortune 1000 corporations’ diversity among C-level executives is a joke by comparison.

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To realize the principle of civilian control of the military, the National Security Act of 1947 requires the president to select and nominate a SecDef from the civilian population. Candidates may be veterans but must not have served in the military during the previous seven years before nomination.

In a liberal democracy, civilian control of the military should ensure the military serves the interests of the nation rather than the other way around. It’s also intended to avoid the rise of a state within a state, in which a military co-equal in authority to the civilian government may act in a fashion contrary to the nation it is supposed to serve.

1947 was a very different time; the nation was wholly unified, still unwinding from its war footing. It was beginning a reduction in force in a measured fashion. The U.S. had also learned considerably about the nature of fascism and autocracy during the previous decade and was extremely sensitive to threats to democracy.

Today, however, we can see fascism blooming rapidly, some encouraged by hostile entities outside the U.S., some within the U.S. arising from dissatisfaction with the status quo. Without a unifying sense of purpose, too many Americans have pulled away from democratic values seeking instead to be gratified by autocratic power.

It’s led to the nascent development of a state within a state — the rise of white supremacy as a fifth column inside our military.

And the civilians who have served as secretaries of defense over the last four years have failed to stem this toxic bloom which poses a clear and present national security threat.

With Trump, the reality TV CEO as commander-in-chief, the fifth column feels encouraged and validated.

Real CEOs and other C-level executives are simply not up to the job of extirpating the poison when it cannot see the same white supremacy at work within its ranks. In their world a fifth column represents a group ready to spin off a new startup or seek a buyer to acquire the parent corporation. That’s not democracy.

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Biden nominated retired four-star general Lloyd Austin to be SecDef, though Austin only left the military in March 2016. As you can see from the 2009 photo used on the front page, Austin served during Biden’s tenure as VP under the Obama administration. Biden knows Austin.

But because Austin has only been out of the service not quite five years to date, there has been immediate rejection of Austin’s nomination on both sides of the aisle out of concern for the civilian-controlled military doctrine.

Austin requires a waiver from Congress to serve as SecDef because of the 1947 National Security Act. He should receive the waiver because he has not yet been deeply acculturated into Corporate America’s deeply racist system, and he’s still very familiar with the military as it was before Trump’s term aggravated the relationship between the executive office and active duty personnel. The inadequate response to Russia’s sponsorship of attacks on American and coalition forces in Afghanistan serves as one example.

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And now the January 6 Capitol Building insurrection makes it ever more obvious there’s a deep challenge inside the Defense Department. Far too many of the participants in the rebellion were active duty military, reservists, or veterans, suggesting they may have gone into the military with the idea they were training for this moment. Or perhaps they managed to get through their military service with their pre-existing bigotry intact if not enhanced. DOD needs to do a better job of weeding these persons out of the service because they are a clear and present danger to national security as January 6 proved.

But a leader from Corporate America will not be up to the task. They have proven themselves incapable of fixing the diversity problem in their own industries. When it comes to institutional misogyny, they can’t claim a pipeline problem because women have been more than half of all bachelor’s degrees awarded each year for more than two decades. The number of bachelor’s degrees awarded to whites has fallen over the last two decades while it increased among Black, Latinx, and Asian Americans. And yet representation at upper levels of America’s corporate sector has barely budged.

Nor will a leader from Corporate America understand what the options are for screening, remediating, and removing insurrectionist elements inside the military. We do not have the luxury to teach someone from the corporate world where the problems are and how to address them after coming so close to the overthrow of our government.

How many corporate leaders would be able to stop a hostile takeover of their own corporation? It’s not the same as armed insurrectionists showing up in their offices threatening to kidnap, try, and execute management, but we can’t even be certain the corporate world produces leaders who can fend off traditional takeovers.

We don’t have time for on the job training; we can’t fuck around and find out with our national security at stake.

And I haven’t even mentioned the possibility of rapid deployment of military resources to aid rollout of vaccines and PPE in our response to the COVID pandemic — yet another facet of our nation’s security.

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Lastly, we have to think of this period as a reset — our democracy has been threatened deeply, and the threat had nothing to do with having former military lead the Defense Department. It came from persons who included those who were radicalized in spite of their previous or current military service; it came from the top of the executive branch from someone with absolutely no respect for the military except as a means to his personal ends.

It fomented while civilians led the Defense Department.

15 former Defense Department leaders have asked Congress to offer a waiver for Austin, including former senator Chuck Hagel, former Obama chief of staff Leon Panetta, and William J. Perry, all of whom were SecDefs under previous administrations. Their letter to members of the Senate Armed Services Committee makes a sweeping opening acknowledging the unique challenges of this moment in history:

As former Republican and Democratic Secretaries of Defense, Deputy Secretaries of Defense, and Service Secretaries representing the Departments of the Army, the Navy, and the Air Force, we understand the qualities necessary to lead the U.S. Department of Defense. More pertinently, we understand what it takes to lead as a civilian at the department charged with the first and most essential task of the United States government, namely, to keep Americans safe. Rarely in our history has that been a more difficult challenge. Our nation faces a pandemic that has taken a terrible toll on America and on our allies; aggressive adversaries challenging us around the globe and in cyberspace; a rising China whose interests and values often do not align with ours; and a threat from domestic terrorism that has rarely been more clear or more dangerous.

In essence, they acknowledge a civilian leader at SecDef may not be up to the job this transitional period demands, though they acknowledge the importance of civilian-led military to our democracy.

The only previous waivers granted have been for George Marshall under Eisenhower in 1950, and James Mattis in 2017 under Trump. In hindsight Mattis’ waiver may have been a mistake since the problem of white supremacy and nationalism inside the military festered under his watch as SecDef; but one might also make the case that civilian leadership following Mattis by Mark Esper did no better. Under the more recent leadership of Acting SecDef Christopher Miller, conditions worsened — we still won’t know for some time exactly what Miller’s role was in the failures to protect the Capitol.

What all three most recent SecDefs shared in common may also have led to their failure to check the internal threats: all nominated by Trump, all of them white men who may simply not grasp the ways in which systemic racism and misogyny gnaw at our defense infrastructure.

The threat racism poses to our national security is immediate, exemplified by the two National Guard members removed from inauguration duties for their ties to right-wing militia organizations, nearly all of which are sympathetic or overlap with white supremacist or nationalist entities.

The Senate may have its doubts but it should offer the waiver for Austin and approve him as SecDef given the nature of threats we face. Congress should also follow through on Rep. Ellison’s demands for an investigation into white supremacy, nationalism, and other insurrectionist threats within the military, only give it teeth by legislating this as a regular institutional obligation with mandatory reports, measurable oversight, and punitive action spelled out. Make sure that the Secretary of Defense is directly responsible for this effort.

Legislate a review of this investigation and subsequent corrective action by the congressional committees responsible for military oversight on an annual basis, with a recommendation to retain or replace the SecDef based on measurable performance.

That’s where the ultimate oversight of the military should occur and where civilians continue to restrain military power — in the halls of Congress.

Public domain

Trash Talk Is Back, And It Is Max!

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Calling the current GOP “fuckers” is one of the most true and innocuous things I have ever seen or heard. They are among the, if not the, most destructive humans currently on the face of the earth. Take Mitch McConnell. Please. If these fuckers are not fuckers, then who would real fuckers ever aspire to be?

So, what is up?

Apparently 737 Max aircraft are back up, and it may be being hidden from you. Or may not. But this is indeed something to keep your eye on as it was the explicit suggestion of the hollow branding man in chief, Trump:

“Even President Trump has weighed in on the MAX name: “If I were Boeing, I would FIX the Boeing 737 MAX, add some additional great features, & REBRAND the plane with a new name,” he Tweeted in April.”

Don’t know about you, but I will not be boarding one of those planes.

Okay. Enough. There are real games out there. Not just the ones in Washington. I’d say and Washington, as in Seattle, but Boeing moved to the home of Rahm, Chicago.

Clemson has demonstrated clearly what fakers Notre Dame have been all along. Too bad they can’t do that for Ohio State too. Coastal Carolina deserves to be in the final four far more than either the Domers or the Buckeyes. It is almost comical how hard the NCAA tries to always put posers in their finals instead of the best teams. Nebraska barely held on to beat….Rutgers. Texas A&M beat the Vols, but pretty shocked that Oklahoma edged out Brock Purdy and Iowa State (both with Phoenix area QBs that will play on Sundays soon enough).

Josh Allen is, as we speak, and his Bills crushing the Broncos. Can Carolina take it to 12 and the Pack in Lambeau? Not going to take that proposition. Pats at Fins will be really interesting. So far, it looks like Flores is building right and Tua is real. But Bill Bel will game for this, and I’ll bet on that. Might have taken the WFT at home over the Squawks, but for Alex Smith being out again. The big game is really the Chefs at the Saints. Drew Brees will be back, but Nawlins is not the same without the raucous crowd. Mahomes is too much.

Let it rock. Don’t laugh at the music, she can really sing. Even Dolly thinks so.

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