Day 32+11H: Trump’s Other Wall

[NB: Byline — check it. /~Rayne]

This post is about a wall. Nope, not about Trump’s narcissistic pipe dream made of steel slats and Fox News-borne ego fluffing.

It’s a wall of GOP senators, so corrupt and craven they will line up against reopening their country’s government while voting to help a country which U.S. intelligence agencies say interfered with the 2016 elections.

They’ll roll over while Americans begin to die from their gross neglect. Federal employees who are diabetics are already having difficulty paying for insulin, a double whammy since the GOP-led Congress has done nothing to deal with extortive insulin pricing. Children affected by the shutdown will begin to go hungry soon if they haven’t already, whether from cuts to school lunches or at home.

There are several groups varying by their corruption and cravenness; I’ve already written about the Class II senators who don’t appear to feel concern about their re-election prospects — yet.

But the second group in need of a swift kick are those who visited Russia on July 4th this past year:

Richard Shelby (AL) — Senate Class III

John Thune (SD) — Senate Class III

John Hoeven (ND) — Senate Class III

Ron Johnson (WI) – Senate Class Class III

John Kennedy (LA) — Senate Class III

John Thune (SD) — Senate Class III

Jerry Moran (KS) — Senate Class III

Steve Daines (MT) — Senate class II

Kay Granger (TX) — Representative

At the top is the senior “spokesperson” for the group; he’s the one quoted most often by the media when asked about this congressional delegation.

At the bottom are two exceptions: Daines is running for re-election for the first time in 2020, and Granger isn’t a senator at all but a House rep from a solidly red congressional district.

Notice the trait most have in common? They’re Class III, which means they will be up for re-election in 2022.

Why the hell did nearly 30% of the Class III GOP senators go to Russia on our most American holiday, one celebrating our independence from an authoritarian monarchy?

Not sending Class I senators who were working on their 2018 mid-term campaigns makes sense, but why not more Class II? These classes are assigned by state according to Constitution’s Article I, Section III; there should have been broader, more random representation on this trip (and certainly not on July 4th).

Here’s my theory: first, this congressional delegation trip was an interview for aid. Not development aid for the U.S. but for their campaigns. I can’t think of a reason why so many Class III senators would have gone together. Thankfully none of them are on the Armed Services or Select Intelligence Committees though Johnson and Young are on the Foreign Policy Committee and Shelby, Hoeven, Moran, and Kennedy are on the Appropriations Committee.

Or is the percentage of links between these senators and these committees relevant in some way?

Daines is an exception — his need is more immediate, and his state is in play based on the data produced by Democratic Senator Jon Tester’s re-election in 2018. Daines may be a proof of concept.

Second, I believe Granger went because Senator John Cornyn hadn’t yet decided whether to run for re-election in 2020. He didn’t announce until September that he would do so. Granger may have been groomed as a candidate for this seat because her congressional district encompassing Fort Worth is solidly red and the GOP probably has a House candidate waiting in the wings. If Beto O’Rourke runs for the Senate again in 2020 as a Democrat, the GOP may have wanted to run a woman against him if Cornyn retired. But now Granger will have to wait for another slot to open. I wouldn’t be surprised to see her run for governor after Greg Abbott finishes his term(s).

There are seven more senators and one representative who are likely to continue to stand pat behind Trump and his Putinist agenda, including his “fucken wall.” They will only change their loyalties if they are called out on their bullshit.

There should be no conditions placed on reopening government. Period. The shutdown has weakened all security including the health and economic welfare of citizens whether federal employees or not.

Trump’s proposal made this weekend is a joke — his personal businesses will benefit from the continued protection of immigrants who work at his resorts while failing to provide any real additional security — and will be shoved in our faces tomorrow as McConnell has scheduled it for a vote.

Congressional switchboard: (202) 224-3121

If you can help at all, check with local food banks to make donations. There are federal employees who live and/or work in nearly every county. You can also try to pay off outstanding school lunch fees for kids who don’t qualify for the federal school program but have run up their hot lunch charges for lack of funds — just call your local public school system and ask if you can help.

Now is a good time to make small purchases, too, if there’s a previously owned item you’ve put off buying. Federal employees and contractors have been selling all manner of items to raise cash, from clothing to books.

And some have been reduced to selling plasma.

I don’t know how we can come away from this horrible episode in our nation’s history without thinking the GOP has deliberately chosen to harm this country and quite possibly to appease and benefit a hostile country.

Americans’ deaths arising from this shutdown will be on their hands.

Shutdown Day 28+15H: When Negotiations Fail, Add More Hostages

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

About 3:00 p.m. EDT — any time now — in a special address we’re supposed to hear from Trump what he is willing to offer in exchange for funding the wall based on negotiations led by Mike Pence and Jared Kushner (yes, he of the middle east peace negotiations, that fine negotiator). Mitch McConnell is supposed to be in the mix somewhere; it’s funny how little has been said about his presence.

Current speculation: the White House will offer concessions on the Deferred Action on Childhood Arrivals (DACA) program which had ordered terminated in September 2017, and Temporary Protected Status (TPS) program in exchange for the $5.7B funding Trump has demanded along with funding and reopening government.

In other words, Trump is going to add more hostages to make the Democratic Party looks bad.

And in other words, the Trump organization may benefit directly if it seeks more immigrants laborers for its businesses.

At least one Trump-owned resort has had undocumented workers in housekeeping staff, like those working construction on the Trump Hotel-DC who qualified for TPS. There are likely others who have not come forward as two did who worked at the Trump National Golf Club in Bedminster, New Jersey.

Are there any DACA participants working in one of the Trump org facilities, too?

Trump and his team waited until after the Women’s March today to make this announcement, and until evidence of government workers’ desperation spread across the internet. We’ve seen copies of letters warning that rent was due in full — today in one case — regardless of the government shutdown, or eviction would begin. We’ve seen posts about food banks for federal law enforcement employees.

And now they want to add DACA and TPS hostages to this equation.

This doesn’t look like good faith negotiation to me. It looks more like an attempt to heighten tensions against immigrants, particularly undocumented immigrants.

No matter what terms Team Trump offers, George Lakoff is right:

Is it really too much to ask for a president and Senate Majority Leader to simply do the right thing by the country and reopen the government without fueling more  political conflict?

Into Shutdown Day 28: Is the GOP Senate Obstructing Justice?

[NB: Always check the byline, folks. /~Rayne]

As we roll through the afternoon into the 28th day of the longest-ever government shutdown, let’s revisit Senator Amy Klobuchar’s questions to Attorney General nominee Bill Barr before the Senate Judiciary Committee this week.

She asked him about his opinion on obstruction of justice. Barr discussed in his June 2018 memo addressed to Deputy Attorney General Rod Rosenstein and Assistant Attorney General Steve Engel, focusing on Special Counsel Robert Mueller’s “‘Obstruction’ Theory.”

Four key points give pause:

  • Deliberately impaired integrity or availability of evidence;
  • Knowing destruction or alteration of evidence;
  • Ordering witness/es not to cooperate with investigation;
  • Misleading statements to conceal purposes.

Klobuchar asked Barr about each of these during the hearing:

(3:17) KLOBUCHAR: You wrote on page one that a president persuading a person to commit perjury would be obstruction. Is that right?

BARR: Yes.

KLOBUCHAR: Okay.

BARR: Or any, any, well, you know, or any person who persuades another, yeah.

(3:31) KLOBUCHAR: Okay. You also said that a president or any person convincing a witness to change testimony would be obstruction. Is that right?

BARR: Yes.

KLOBUCHAR: Okay.

(3:42) KLOBUCHAR: And on page 2 you said that a president deliberately impairing the integrity or availability of evidence would be an instruction*. Is that correct?

BARR: Yes.

KLOBUCHAR: Okay, and um, so what if the president told the witness not to cooperate with an investigation, or hinted at a pardon?

BARR: You know, I, I’d have to know the specific, I’d have to know the specific facts.

(4:03) KLOBUCHAR: And you wrote on page one that if a president knowingly destroys or alters evidence, that would be obstruction.

BARR: Yes.

(4:13) KLOBUCHAR: Okay. Um, so what if a president drafted a misleading statement to conceal the purpose of a meeting. Would that be obstruction?

BARR: Again, you know the, I’d have to know the, I’d have to know the specifics.

KLOBUCHAR: All right.

(* Not clear if she said “instruction” or “obstruction”; she was referring to the discussion obstruction in Barr’s memo.)

So what does this have to do with the shutdown? Regardless of the genesis and distribution of Barr’s memo or his opinion, these forms of obstruction are exactly what the government shutdown accomplishes.

Evidence to be gathered by and from some government resources may be limited by the furlough. IRS staff, for example, may have been called back to handle refunds but are there IRS staff on duty who may respond to subpoenas for tax returns? What of so-called “non-essential” personnel who might handle document requests in other departments? Have furloughed federal employees who are not yet called back indirectly ordered not to cooperate with investigations by virtue of their locked out status?

We already know that Trump avoided creating and processing records of his discussions with Putin, a likely violation of the Presidential Records Act. Has he further destroyed or altered evidence subject to the PRA but prevented staff responsible for handling and recovering destroyed/altered evidence from doing so with the shutdown? (Recall the archivist-records managers who had been taping together Trump’s documents but were fired by second quarter 2018.)

Has the demand for the wall itself, in any statements or writings demanding this wall, been an attempt to conceal the true intent of the shutdown as an act of obstruction? Recall how upset Trump was with Mick Mulvaney when Mulvaney tried to offer a number lower than Trump’s demanded $5.7B and higher than House Democrat’s offered $1.3B; Trump yelled at him in front of members of Congress and told him, “You just fucked it up!

Was it not the wall’s funding but obstruction by shutdown Mulvaney interfered with by trying to offer a means to reopen the government?

If there is any doubt at all about these points, Senate Majority Leader Mitch McConnell is obligated to permit bills through which would end the shutdown or at least extend temporary funding, so that obstruction by shutdown is at an end.

The GOP Senate caucus is likewise obligated to take measures to end the shutdown, including replacement of their Senate Majority Leader if he continues to obstruct government’s operation.

Neither McConnell nor the GOP Senate caucus appear to be acting in good faith about this shutdown. At least Mulvaney made a reasonable, good faith effort before being sworn at and shot down by Trump.

If we thought the GOP Senate was compromised before by Russian-furnished NRA money, they deepen their compromise by refusing to address the obstructive shutdown. Is their “lack of alarm” about the lengthening shutdown due not to their ideology but their resignation to this obstruction?

Why is Mitch McConnell still Senate Majority Leader at this point? Former Senate Majority Leader Trent Lott was asked to step down for supporting a noted racist, and McConnell know this because he was instrumental to Lott’s removal.

Why is the GOP Senate aiding and abetting this obstruction of justice at scale?

#WhyMitch

Congressional switchboard: (202) 224-3121

On the Matter of Mitch: Perhaps Not Where but Why

Yesterday morning frosh congressperson Alexandria Ocasio-Cortez tweeted about the government shutdown :

(Red arrow mine.)

This tweet may have prefaced the viral search that followed for the current Senate Majority Leader, earmarked with the hashtagged question, #WheresMitch.

If you search that hashtag in Twitter you will see the House freshmen and quite a few more senior representatives made the best of McConnell’s continued obstructionism by avoidance, with tweeted photos of them looking for him beginning in early afternoon.

Meanwhile, federal employees struggle to make ends meet, possibly facing eviction in two weeks if they don’t receive a paycheck by then. Senate bill S.24 passed yesterday, ensuring back pay for federal employees once the government is reopened. Though it won’t fix the damage to fed employees entirely, it’s the right thing to do.

It does nothing for federal contractors and subcontractors, many of whom are the lowest paid personnel performing work like sanitation.

And some of these folks are surely Mitch McConnell’s constituents, along with the rest of nearly 60,000 Kentuckyians who are federal employees and active military relying on federal services.

As I shared last week, a friend who owns a small construction business is affected by the shutdown even though they aren’t directly employed by the government. So too every one of those more than 60,000 Kentuckyians directly affected has several shadow counterparts affected indirectly by the shutdown. Like daycare providers, local grocery and retail stores, automotive mechanics, so on, all losing a percentage of their income from the shutdown.

In the case of those serving federal contract employees, they won’t make that income back. And they will be hurting for some time to come, making it difficult to forget this willfully inflicted damage before 2020’s general election. All these federal employees, active military, and contractors as well as their local businesspersons aren’t uniformly Democrats; this is Kentucky we’re talking about, a state which would elect a Republican like McConnell to the Senate in the first place.

It seems odd that McConnell, who polled last week with an improved (ha!) 38% approval rating, would cling so desperately to the shutdown when it looks like he’ll run for re-election. But his polling numbers ticked upward last year when he clung to Trump, providing a likely explanation for his entrenchment.

McConnell hasn’t yet come to grips with Trumpism’s limits. If the Special Counsel’s Office shows Trump and his closest advisers in his campaign and administration have violated multiple laws, will McConnell cling to the appearance of criminality, too?

Because we all know it’s not really if but when the Special Counsel’s Office indicts persons close to the president, the question becomes not Where’s Mitch? but Why, Mitch?

Why would anyone with half a brain screw over enough of their own constituents to populate a city the size of Lexington, Kentucky, and go on believing they just have to stand by their man Trump to win re-election?

And perhaps the question isn’t Why, Mitch? but Why Mitch? This shutdown will have the same impact on all 50 states, affecting the constituents of every senator including the 21 Class II states. Why are the GOP senators allowing McConnell to continue as Senate Majority Leader?

Especially when McConnell seems just a little too smug and too invested in the role over doing his primary job by his Kentucky constituents and the nation.

Why Mitch? Why not another GOP senator for Majority Leader?

#WhyMitch

 

Congressional switchboard: (202) 224-3121

(Treat this as an open thread.)

The Lady (Trump’s Tantrum) or the Tiger (GOP Senators Get Spines) [UPDATE-2]

[NB: Hey. Byline above — check it. Updates at bottom of post. /~Rayne]

It’s Day 25 into the longest ever government shutdown.

Those idiot right-wing anarchists — there’s nothing liber in this libertarian extreme —want to shrink government to fit a Norquistian bathtub. They don’t want to give up their hold on this sodden pipe dream nor relinquish their addiction to anti-government propaganda.

Which means Americans are going to die. It’s just a matter of time.

Did you know the U.S. suffers 48,000,000 cases of foodborne sicknesses a year, resulting in 128,000 hospitalizations and 3,000 deaths in an average year WHEN WE HAVE A WORKING USDA FOOD INSPECTION SYSTEM?

Gee, I wonder what that experience rate does to the cost of health care?

And I wonder what happens when food inspections stop? We’re finding out right now.

Hey, remember that annoying little problem with a mosquito-borne disease that causes anacephalic birth defects and is responsible for cases of Guillain-Barre in adults?

What happens when the CDC stops tracking it because the CDC is closed? Better remember to pack bug spray if you’ve booked a vacation someplace warm.

Oh, you’re going to fly, though. What happens if the TSA and air traffic controllers quit because they’ve had to get other jobs to pay the bills?

Will you get on a plane anyhow and take your chances the planes will dodge each other and simply cross your fingers that you’re not a casualty?

Even your trip across town could be fraught with peril if you rely on your smartphone to assist your navigation. A remotely-performed adjustment to phone magnetometers used by mapping apps didn’t take place Tuesday because NASA was shutdown. (Hope the Defense Department doesn’t need any highly accurate location services.)

That’s where we’re at right now. We don’t have food inspections. We don’t have disease monitoring. We are perilously close to having no border security at each airport and no air traffic controllers. We can’t be sure automated navigation systems work.

And now the Coast Guard is now going without pay. How will that effect border security on the water? What are the chances deaths on the water will increase because search and rescue will soon be affected?

This is just the tip of the iceberg. We are on the edge of a nationwide meltdown.

This is the result of Trump’s tantrum, demanding an unpopular border wall while irrationally weakening other points of entry to get it.

This is the result of his enabler, Senate Majority Leader Mitch McConnell, who as Trump’s favorite troll refuses to let any bill pass to reopen the government, who also refuses to consider a veto override to get past Trump’s tantrum.

This is Door Number One, the Lady of increasing chaos.

Now let’s look at the Tiger.

A “couple Republican lawmakers” implied if federal employees working without pay at airports walked out that the Senate would be forced to resolve this mounting self-inflicted crisis by re-opening government.

But that’s not a new option — that’s exactly what’s already slowly happening at the airports. People can’t afford the government’s illegal demand that they work without a paycheck. They are slowly leaking away to new jobs when they aren’t filing for unemployment. It’s only a matter of time before Americans are infuriated about the collapse of air travel.

This is still the Lady scenario.

The Tiger is Door Number Two, a new and different solution.

The bottleneck to reopening government is really only one man since the president cannot tell Congress what to do. The one man refusing to move any bills to fund and reopen the government is Mitch McConnell, who doesn’t seem to care much that he’s helping Trump hurt his own Kentucky constituents.

The option is to remove him as Senate Majority Leader, replacing him with another GOP senator willing to reopen the government and return to negotiations with the House on bills that are in stasis. Why a new Majority Leader who organized this and pulled it off would look like a hero to the public — handy if they were running for re-election in 2020 or for the presidency in 2024.

This option will take a majority of the 53 GOP senators to do so — at least 28 senators who can open their eyes and see the enormity of the threat caused by the shutdown, recognize their compromised status is already visible to the public and accept they must do the right thing in spite of being compromised.

19 Class II senators up for reelection, two who’ve announced their impending retirements, another senator who’s up for a special election, and six more GOP senators could collaborate and get this done. Perhaps some of the brave ones who aren’t caving in to Putin’s demands to end sanctions. Maybe a single brave one starts by taking on John McCain’s maverick-y mantle to ask for the leadership role.

They might even salvage their own impending races with a little distance from Trump instead of tying their cred to a less-than-happy 37% presidential approval rating.

There’s the Tiger, ready to be freed from its cage to resolve this mess.

So what’s your pick, GOP senators? Which door?

The one with the Lady or the one with the Tiger?

UPDATE — 3:30 PM EDT —

David Frum tweeted:

As if this was a binary situation, only these highly polarized options available. Clearly the GOP Senate could provide a third option by throwing McConnell under the bus, voting in a new Majority Leader, and allowing a vote on extended funding at a minimum. GOP still looks like it’s in control, workers can go back to their jobs, Democrats will accept this, and Trump doesn’t have to double down.

Let’s see if the GOP Senate is smart enough to come to this conclusion, though. They are awfully busy indulging in a lot of stupid, though.

Right now they are lamely engaged in virtue signaling about abortion. Seems McConnell can manage to allow a redundant, unnecessary bill to go to the floor — S.109, a bill to prohibit taxpayer funded abortions.

Yes, we’ve already had the Hyde Amendment on the books since 1976.

But I guess McConnell needs to look like he’s doing something useful for the paycheck he’s still hauling down while TSA workers are going to food pantries.

The 2019 Women’s March this Saturday has also rattled some of these soft-handed slack-assed functionaries; making idle fapping gestures about abortion must be their method of exorcising teh wimmen before they take to the streets.

You may want to call your senators about this bill and express your displeasure that they’re ignoring the threat to American lives the ongoing shutdown poses.

Oh, and maybe suggest they need a new Majority Leader if your senator(s) are Republicans.

Congressional switchboard: (202) 224-3121

UPDATE — 7:00 PM EDT —

Tweet by Matt McDermott:

Yeah, about that…why is it the one guy who has continuously said “Nyet!” to every bill which would reopen government is still getting a pass by the media?

Have the media bought into McConnell as some omniscient political genius instead of a co-conspirator obstructing government including the operations of DOJ/FBI and the courts?

Graphic: Quino Al via Unsplash (mod by Rayne)

The Shutdown, Day 23: An Apology, A Prod, and a Call

[NB: You know the drill. Check the byline. /~Rayne]

First, an apology.

The government shutdown is personal; I have a lifelong friend who works for a federal agency and I have another friend who isn’t employed by the government. They are both hurting.

The first is a single woman ten years away from retirement; she’s raised a son, providing most of his support over the years at the expense of saving for retirement.

The other woman co-owns a small construction company with her spouse, specializing in home repairs and remodeling. She has several kids in school right now who are nickel-and-diming her to death with fairly typical needs — like AP tests and sports fees, uniforms, and equipment, essential if a kid has been working toward a sport scholarship. (Yes, children are yet again being punished for Trump’s and GOP Senate’s willful intransigence.)

Friend 1 doesn’t have a paycheck now. I think she’ll manage through the end of the month but then what? Tap into her IRA and draw down only to face a penalty later while losing the benefit of gains on her investment? How does she juggle trying to save for retirement, paying for her medications, keeping a roof over her head and her car in good order, while not getting too stressed out and making her blood pressure worse?

Friend 2 has now lost two construction contracts this month because they were small jobs for government employees who have been forced to cancel them. Her family counted on those contracts to get them through the slowest portion of the construction year. They don’t have a lot of reserves to draw on because they have a small business they need to finance and well, kids. Children are expensive, from diapers to college application fees and textbooks. God help them if any family member gets sick.

I am so very sorry, friends and friends I haven’t yet met. I can hear your stress; I know you want to work and you don’t want to be forced to take desperate measures to stay afloat. I wish you didn’t have to go through this wholly unnecessary and utterly unfair bullshit. I hope that writing this and other posts asking fellow voters to call their senators will help. Again, I am so very sorry.

Next, a prod.

I know many of the furloughed government employees are dealing with stressful first time experiences, like calling landlords and creditors to work out payment. Many of them feel great shame about this.

It’s not you. It’s not your fault. It’s about us, the rest of us. It’s about the Senate and Trump. Please don’t take the shame on your shoulders — you have enough to bear already.

Tell your landlord and creditors openly you’re a government employee or reliant on government employees. You’re not alone in this and they are surely hearing it from others.

My prod to members of Congress and to their constituents: government employees need some sort of tax credit or waiver of penalty if they have to draw down from their 401K or IRAs to pay the bills. Can we get something like this submitted promptly, please? Can we get behind it?

My prod to our community: if you can afford it, make a donation to a local food pantry. Many government employees have been forced to get help for themselves and their families. Ask around for other local opportunities to help since federal employees can’t take tips or other forms of remuneration. Local union offices may be able to help direct your contributions.

Finally, a call.

Make one. Make several. Call your senators regardless of their party affiliation and tell them 1) we need the government reopened, and 2) we still don’t need the “fucken wall.” This shutdown is not only hurting our government employees but it is wasting our tax dollars. We have pissed away on this shutdown any money which could have been spent on increased border security.

A constituent in Illinois said Senators Duckworth and Durbin have been getting more phone calls from the build-the-wall faction than the reopen-government-no-wall faction. This is probably due to the assumption that the Democrats are going to do the right thing and vote against the wall but for reopening government; we should no longer make that assumption given how desperate things are for many furloughed workers. Call your senators first, then call your rep (House has already voted along party lines for reopening government and against the requested wall funding). Recruit friends and family members to make calls as well.

If you have a GOP senator, ask them to work with other GOP senators to remove Mitch McConnell as Senate Majority Leader because his failure to bring both bills to reopen government and wall funding aids and abets President Trump’s obstruction of justice by interfering with Department of Justice and federal court operations.

It’s been done before; Trent Lott was forced to resign as Senate Majority Leader. (It’d be karmic payback considering how helpful McConnell was with Lott’s departure.)

Congressional switchboard: (202) 224-3121

Treat this as an open thread.

21 People with the Power to Stop the Madness [UPDATE-2]

[NB: I should write a script to auto-embed a reminder to check the byline. Update is at the bottom. / ~Rayne]

Over the past couple of weeks a number of uninformed but angry people have gone off on social media about the Democrats not impeaching Trump already — the 116th Congress only took their oaths last week, one House race in North Carolina remains undecided, and yet impeachment is supposed to have been launched and Trump marched into the sunset surf at Mar-a-Lago.

The stream of problems emanating from the White House will not be resolved by impeachment. It is NOT the end-all-be-all solution.

Impeachment AND removal from office stems the biggest problem, and it’s not on the House Democrats alone.

Read the Constitution: the House impeaches, the Senate convicts and removes.

Article 1, Section 2
…The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article 1, Section 3
The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Impeachment alone is merely a political slap on the hands, just an upgraded form of censure to be borne out in public through House debate and vote. After hearings beginning in the lame duck session of 1998, former president Bill Clinton was impeached by the House but acquitted by the Senate in early 1999, remaining in office to serve out his term. By itself, impeachment will not stop a lifelong scofflaw like Trump and may fuel negative sentiment whipping the Trumpian base into a frenzy by the 2020 general election.

Which brings us to the key challenge know-nothings have ignored while they pule about the Democrats ‘failing’ to impeach Trump already: the Senate remains under GOP control. Try complaining about the GOP Senate caucus’ moral and ethical intransigence for a change; of the current 53 GOP senators there are 21 who are most vulnerable to this charge yet have the power to make constructive change happen.

This map tells you which senators are the linchpins to removal:

These are the 21 states Class II GOP senators represent; these are GOP seats that are up re-election in 2020 or will be open, as in the case of Kansas’ Pat Roberts who will retire at the end of his term. These senators are the ones who should be held accountable at the polls if they do not restrain an out-of-control White House. They represent the votes necessary to convict and remove Trump, let alone votes to approve bills reopening government and override a veto (assuming two-thirds of the House would likewise support a veto override). Here are their names to make it easier to identify your GOP Class II senator if you have one:

Dan Sullivan (AK)

Tom Cotton (AR)

Cory Gardner (CO)

David Perdue (GA)

Jim Risch (ID)

Joni Ernst (IA)

Pat Roberts (KS) retiring

Mitch McConnell (KY)

Bill Cassidy (LA)

Susan Collins (ME)

Cindy Hyde-Smith (MS)

Steve Daines (MT)

Ben Sasse (NE)

Thom Tillis (NC)

Jim Inhofe (OK)

Lindsay Graham (SC)

Mike Rounds (SD)

Lamar Alexander (TN) retiring

John Cornyn (TX)

Shelley Moore Capito (WV)

Mike Enzi (WY)

These folks should be squirming already — at least those who must fly home should be. Imagine them needing to fly to their respective states having failed to reopen and fund government services like TSA security staffers and air traffic controllers.

This may explain in part why three of the senators who are among those who must fly the farthest from Washington DC are leaning toward reopening the government — that’s Lisa Murkowski (AK), Cory Gardner (CO), and Susan Collins (ME). They’re vulnerable in an entirely different way because the government shutdown is a bigger threat personally and professionally than Trump’s possible impeachment and removal.

With 66 total senators required to make up the two-thirds necessary for conviction and removal, the 18 remaining Class II GOP senators combined with Democrats and Independents provide the number needed with a little extra in case of a late flip-flop.

You know what to do: Congressional switchboard (202) 224-3121

Need a script? Celeste P. has you covered.

Yes, press them first on the government shutdown; addressing the shutdown’s damage to Americans’ livelihoods, safety, and security is a far more immediate need. A senator who doesn’t think Trump’s self-created crisis and corresponding shutdown must be stopped should be identified as vulnerable in 2020.

If these senators are persuadable on the shutdown, they may be persuadable on the question of conviction and removal of the president. (If they aren’t they’re probably co-conspirators and in need of investigation.)

If you call your GOP senator, feel free to share feedback from the call here. Let’s keep track of the Class II folks who really need a primary or a strong opponent in 2020.

UPDATE — 4:45 PM —

There may be 21 Class II senators who need to be nudged but one of them is in particular need of a political boot in his slackness.

McConnell walked into his office after leaving the Senate floor, where he objected to the Democratic request to re-open the government.

 

“I think the way out has been apparent for several weeks,” he told reporters. “It requires an agreement between a Democratic House, the Democrats in the Senate and the President.”

 

After the meeting broke up, members were fairly tight-lipped about any details. Some described what they were working on as a “framework” or “skeleton” they were trying to fill in.

 

“We’ve got a skeleton we’re trying to flesh out. It’s going to take work,” Tillis told reporters. (source: CNN)

Mitch McConnell is the primary gatekeeper enforcing the president’s unnecessary and unpopular wall; he’s the key hurdle between a continuing government shutdown and a return to order.

Sadly, McConnell’s refusal hurts his constituents directly — he’s literally telling them to fuck off and in some cases, die already.

— As of June 2017, there were 36,719 Kentuckyians who were employed by the federal government (source: Governing.com [from cached copy]);

— As of June 2017, there were 33,219 Kentuckyians who were active duty military relying on government services;

— As of 2017, there were 4.4 million Kentuckyians who relied in some way on food inspections because safe food nourished them, their family, friends, co-workers, or people in their communities on whom they depended in some way;

That’s just the tip of the iceberg. As an example, every federal employee who also relies on childcare but can’t pay for childcare because they are now unpaid may also lose their childcare provider. Providers require their services to be paid in cash even if the child isn’t there or their slot is freed up. Providers are also small business owners; they can’t afford massive cuts to their income and must find other revenue sources if they aren’t paid. It’s a major nuisance to find alternative, affordable, safe childcare, not to mention the expense to families.

With nearly 50% of Americans unable to scrape up $400 cash for an emergency, you can bet many of Kentucky’s federal employees have already blown through their reserves. Their inability to pay for goods and services will have a ripple effect throughout their communities — just like childcare providers, other business owners can’t afford cuts to their income stream.

The “fucken wall” only protects those who need the public to be distracted from investigations. One much needed investigation is the possible effect of foreign influence on members of Congress and their campaigns — including Mitch McConnell. His refusal to reopen and fund government including DOJ and FBI functions could be a means to prevent any investigation which might look into his own campaign donations.

Think about it: after the Citizens United decision in 2010, the NRA changed its donation pattern substantially from 2010 to 2012 to help pro-gun rights candidates.

Guess who received the 14th highest amount of gun rights contributions ($135,350) and the 6th highest amount of contributions from outside support for gun rights ($771,175)? Yup, McConnell brought in that much between 1989-2018 that we know of.

How much Congressional campaign money, including donations to McConnell, might have been laundered Russian contributions? Has the active investigation into accused Russian spy Maria Butina uncovered this figure? Has this investigation been affected by the shutdown?

Is this a personal reason why McConnell is so doggedly protecting Trump’s “fucken wall” in spite of the damage the corresponding government shutdown is doing to his own constituents and to the nation?

Sure hope Kentuckyians know to use the Congressional switchboard number (202) 224-3121 — assuming that hasn’t been defunded yet.

UPDATE — 12:40 AM 11-JAN-2019 —

Give me a “fucken” break with this bullshit:

President Donald Trump gave an Oval Office address and headed to the border. Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer have been holding regular press conferences to rebut him.

But when the shutdown ends, it will likely be the handiwork of the leader who’s stayed offsides: Senate Majority Leader Mitch McConnell.

On Thursday, McConnell summoned a handful of fellow Republicans to his ornate offices to brainstorm a solution. The group, which included Sens. Lisa Murkowski and Rob Portman, dispatched Senate Appropriations Chairman Richard Shelby to give Vice President Mike Pence what aides described as a “skeleton” of a plan to re-open government and return to paying 800,000 federal workers.

“We aren’t there yet,” cautioned a top Senate Republican aide. They didn’t get there, either.

Handiwork my eye. Show me where McConnell did a goddamn thing except for the summoning. This entire article was a piece of fluff designed to puff up the soft-handed, wattle-necked waste of Kentuckyians’ votes.

If you live and vote in Kentucky, please, PLEASE call this wretch and tell him to get off his duff — euphemistically called the “sidelines” — and get the government reopened. He needs to find his nuts and tell Trump the wall doesn’t have support; McConnell never had a problem telling the last president to piss up a rope and that president had a helluva lot more support than this one.

McConnell also needs to get on the right side of history. He can torch the rest of his legacy cozying up to a corrupt narcissist or he can try to salvage what history remembers of him by getting a spine and upholding his oath of office instead of sucking up to an un-indicted co-conspirator.

Jeff Flake’s “Investigation” Is A Predicable Trumpian Sham

This was about the easiest thing in the world to predict. Jeff Flake issues some hollow self indulgent bullshit to make himself look like the last great reasonable man, and it is all garbage being run as cover for a complicit Trump White House and weak Senate Republicans (and at least one faux Democrat) desperately and cowardly seeking any fig leaf possible to allow them to put a craven, partisan, angry and drunkard historical sex offender on the United States Supreme Court for the next three to four decades.

If you thought that was just hyperbole previously, read this from NBC News and chew on it:

Instead of investigating Swetnick’s claims, the White House counsel’s office has given the FBI a list of witnesses they are permitted to interview, according to several people who discussed the parameters on the condition of anonymity. They characterized the White House instructions as a significant constraint on the FBI investigation and caution that such a limited scope, while not unusual in normal circumstances, may make it difficult to pursue additional leads in a case in which a Supreme Court nominee has been accused of sexual assault.

The limited scope seems to be at odds with what some members of the Senate judiciary seemed to expect when they agreed to give the FBI as much as a week to investigate allegations against Kavanaugh, a federal judge who grew up in the Washington DC area and attended an elite all-boys high school before going on to Yale.

Yes, of course Trump and McGahn are limiting the scope and time of this “investigation”. It was always going to be a sham, and that is why it was always so absurd that the SJC Minority, and other Dems, not to mention the ridiculously ever gullible national press, bought off on this idiocy. It was an own goal that they set themselves up for and are now being collared by.

This is a fraud being perpetrated on the American public. The media needs to take the time and do their own investigation, the “FBI” one is a sham being manipulated by the sex criminal led and protecting, White House.

I honestly don’t know who is more clueless in what was up with this ruse….the national media as to the forever sucker play of “the last honest Republican, Jeff Flake”….or the Democratic cheerleaders that thought this was anything other than a sham fig leaf cover play. Both are pathetic. This was obvious from the first second Flake uttered the words “limited” and “one week or less”.

PT Barnum said that a sucker is born even minute. A LOT of them were born yesterday. Didn’t have to be that way, but that is the stupidity of DC politics, and press coverage thereof.

Graphic: Quino Al via Unsplash (mod by Rayne)

Whip It, Whip It Good: Krunchtime on Kavanaugh

[NB: AS ALWAYS, check the byline. This post is by moi, Rayne.]

On this last day of Senate Judiciary Committee confirmation hearings, witnesses spoke regarding Brett Kavanaugh’s fitness (or lack thereof) to serve a lifetime appointment to the Supreme Court.

The last three days have been both grueling and enlightening. It looks more than ever like a concerted effort between interested parties selected and nominated Kavanaugh — not in a manner typically of previous nominees, but in the interest of those whose personal fortunes and legal status hinge directly on the existence of a conservative on the court who will decide in their favor.

Parties like Trump’s administration, his campaign donors, his personal business circle; parties like war criminals who served in previous administrations; and parties like Trump supporters, who expect their quid pro quo delivered in the form of religious freedom to deny others’ civil rights.

One could argue this is business as usual but it’s not, when the president himself is already implicated as an unindicted co-conspirator who may directly benefit from a swing justice who believes in unrestrained executive power.

How could a reasonable person not come to the conclusion that the collaborative, collective, concerted effort behind Kavanaugh is a conspiracy to obstruct justice?

Let’s fight fire with fire, get in ‘good trouble‘ as Rep. John Lewis calls it; let’s collaborate and collectively lay out before the public who is willing to support this obstruction and who is not before Kavanaugh’s nomination goes to the entire Senate for a vote. Are you ready to whip the people’s Senate? Are you willing to make phone calls and ask your senators where they stand on Kavanaugh?

I’ll go first; I’ll fill in your responses from your senators in the table below as you collect them and share them in comments below.

Congressional switchboard number: (202) 224-3121

Whip List

State

Party

Name

Seat up

Vote Y/N

Alabama

R

Richard Shelby

2022

Yes [1]
Alabama

D

Doug Jones

2020

WAFFLING
Alaska

R

Lisa Murkowski

2022

WAFFLING
Alaska

R

Dan Sullivan

2020

Yes [1]
Arizona

R

Jeff Flake

2018

LEAN YES [1]

Arizona

R

Jon Kyl

2020

Yes [1]
Arkansas

R

John Boozman

2022

Yes [1]
Arkansas

R

Tom Cotton

2020

Yes [1]
California

D

Dianne Feinstein

2018

No*
California

D

Kamala Harris

2022

No
Colorado

D

Michael Bennet

2022

No [1]
Colorado

R

Cory Gardner

2020

LEAN YES [1]
Connecticut

D

Richard Blumenthal

2022

No [1]
Connecticut

D

Chris Murphy

2018

No [1]
Delaware

D

Tom Carper

2018

No [1]
Delaware

D

Chris Coons

2020

LEAN NO [1]
Florida

D

Bill Nelson

2018

LEAN NO [1]
Florida

R

Marco Rubio

2022

Yes [1]
Georgia

R

Johnny Isakson

2022

Yes [1]
Georgia

R

David Perdue

2020

Yes [1]
Hawaii

D

Brian Schatz

2022

No [1]
Hawaii

D

Mazie Hirono

2018

No
Idaho

R

Mike Crapo

2022

Yes [1]
Idaho

R

Jim Risch

2020

Yes [1]
Illinois

D

Dick Durbin

2020

LEAN NO [1]
Illinois

D

Tammy Duckworth

2022

No
Indiana

D

Joe Donnelly

2018

WAFFLING
Indiana

R

Todd Young

2022

Yes [1]
Iowa

R

Chuck Grassley

2022

LEAN YES [1]
Iowa

R

Joni Ernst

2020

Yes [1]
Kansas

R

Pat Roberts

2020

Yes [1]
Kansas

R

Jerry Moran

2022

Yes [1]
Kentucky

R

Mitch McConnell

2020

Yes [1]
Kentucky

R

Rand Paul

2022

Yes [1]
Louisiana

R

Bill Cassidy

2020

Yes [1]
Louisiana

R

John Kennedy

2022

Yes [1]
Maine

R

Susan Collins

2020

WAFFLING
Maine

I

Angus King

2018

No
Maryland

D

Ben Cardin

2018

No
Maryland

D

Chris Van Hollen

2022

No
Massachusetts

D

Elizabeth Warren

2018

No
Massachusetts

D

Ed Markey

2020

No
Michigan

D

Debbie Stabenow

2018

No
Michigan

D

Gary Peters

2020

No
Minnesota

D

Amy Klobuchar

2018

No [1]
Minnesota

D

Tina Smith

2018

No [1]
Mississippi

R

Roger Wicker

2018

Yes
Mississippi

R

Cindy Hyde-Smith

2018

Yes
Missouri

D

Claire McCaskill

2018

WAFFLING
Missouri

R

Roy Blunt

2022

Yes
Montana

D

Jon Tester

2018

LEAN NO [1]
Montana

R

Steve Daines

2020

Yes [1]
Nebraska

R

Deb Fischer

2018

LEAN YES [1]
Nebraska

R

Ben Sasse

2020

LEAN YES [1]
Nevada

R

Dean Heller

2018

Yes [1]
Nevada

D

Catherine Cortez Masto

2022

LEAN NO [1]
New Hampshire

D

Jeanne Shaheen

2020

No
New Hampshire

D

Maggie Hassan

2022

No
New Jersey

D

Bob Menendez

2018

No [1]
New Jersey

D

Cory Booker

2020

No
New Mexico

D

Tom Udall

2020

No [1]
New Mexico

D

Martin Heinrich

2018

No
New York

D

Chuck Schumer

2022

No
New York

D

Kirsten Gillibrand

2018

No
North Carolina

R

Richard Burr

2022

Yes [1]
North Carolina

R

Thom Tillis

2020

Yes
North Dakota

R

John Hoeven

2022

Yes
North Dakota

D

Heidi Heitkamp

2018

WAFFLING
Ohio

D

Sherrod Brown

2018

No [1]
Ohio

R

Rob Portman

2022

Yes [1]
Oklahoma

R

Jim Inhofe

2020

Yes [1]
Oklahoma

R

James Lankford

2022

LEAN YES [1]
Oregon

D

Ron Wyden

2022

No
Oregon

D

Jeff Merkley

2020

No
Pennsylvania

D

Bob Casey Jr.

2018

No [1]
Pennsylvania

R

Pat Toomey

2022

Yes [1]
Rhode Island

D

Jack Reed

2020

No [1]
Rhode Island

D

Sheldon Whitehouse

2018

No [1]
South Carolina

R

Lindsey Graham

2020

Yes [1]
South Carolina

R

Tim Scott

2022

Yes [1]
South Dakota

R

John Thune

2022

Yes [1]
South Dakota

R

Mike Rounds

2020

Yes [1]
Tennessee

R

Lamar Alexander

2020

Yes [1]
Tennessee

R

Bob Corker

2018

Yes*
Texas

R

John Cornyn

2020

Yes [1]
Texas

R

Ted Cruz

2018

Yes [1]
Utah

R

Orrin Hatch

2018

Yes [1]
Utah

R

Mike Lee

2022

Yes [1]
Vermont

D

Patrick Leahy

2022

LEAN NO [1]
Vermont

I

Bernie Sanders

2018

No
Virginia

D

Mark Warner

2020

No [1]
Virginia

D

Tim Kaine

2018

No
Washington

D

Patty Murray

2022

No
Washington

D

Maria Cantwell

2018

No
West Virginia

D

Joe Manchin

2018

WAFFLING
West Virginia

R

Shelley Moore Capito

2020

Yes [1]
Wisconsin

R

Ron Johnson

2022

Yes [1]
Wisconsin

D

Tammy Baldwin

2018

No [1]
Wyoming

R

Mike Enzi

2020

LEAN YES [1]
Wyoming

R

John Barrasso

2018

Yes [1]

*  Qualified response, subject to final confirmation.

[1]  Firm Yes votes based on WhipTheVote.org‘s tally.

Latest  update: 12 September 2018 7:30 pm EDT

This is NOT an open thread. Please stay on on topic — the Kavanaugh confirmation — to make tracking votes easier. Thanks!

Photo: Pavan Trikutam via Unsplash

Three Things: The Reanimation of Nixon Among Them

Busy, busy week. Load up on the caffeine or stimulant of choice and let’s get cracking.

~ 3 ~

At 9:00 pm EST Saturday evening I posted:

Any time now I expect someone in the administration will not only say openly that Trump authorized the transition team to discuss dropping the sanctions, but that it isn’t illegal when the president does it.

This morning about 6:00 am EST in Axios:

John Dowd, President Trump’s outside lawyer, outlined to me a new and highly controversial defense/theory in the Russia probe: A president cannot be guilty of obstruction of justice.

The “President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case,” Dowd claims. (emphasis mine)

It’s like they dug up Nixon and reanimated him with a chatbot. No wonder the White House is infested with mice and insects.

~ 2 ~

The Tax Scam Bill isn’t yet legislation; we still have at least a couple chances to kill it. It will be up for a vote in the House today, under a Motion to Go to Conference. Call your representatives well before 6:00 p.m. and ask them to vote NO on going to conference. This bill should simply not proceed any further.

Did you know those GOP jackasses in the Senate actually added a tax on retail gift cards? If your employer gives your a grocery store gift card to buy a holiday ham, you could be taxed on it. If you tip your child’s caregiver with a retail gift card they could be taxed on it. What is wrong with these Dickensian jerks?

I’m not the only one who thought of Scrooge when Old Man Orrin Hatch complained about poor children who relied on CHIP health care, saying ““I have a rough time wanting to spend billions and billions and trillions of dollars to help people who won’t help themselves – won’t lift a finger – and expect the federal government to do everything.”

By the way, it was Hatch who added the retail gift card tax. Leave no meal to a poor child untaxed.

Need a little help with that phone call to your rep? See @Celeste_pewter — she’s got you covered.

~ 1 ~

Folks in Nevada need to take a cluestick to Senator Dean Heller after his execrable public townhall this weekend. His security goon squad first threatened a Stage 4 cancer patient, then threw her out along with an elderly woman with a broken arm. At least 10 attendees were ejected.

There’s video.

There are tweets.

There’s no escaping how bad the optics were; Heller wants this Tax Scam Bill for his oligarchic sponsors so badly he’ll step on the sick, injured, and elderly to get it. And then Heller doubled down on his monstrousness when asked if he’d read the Tax Scam Bill, tweeting, “Read it? I helped write it!”

It’s on you, Heller. This is your legacy. You said it, you wrote it.

~ 0 ~

Our celebration of emptywheel’s 10th anniversary continues. Watch for a post by Jim White midday today; Marcy is working on a super-sized post on all things surveillance. Stay tuned!

And if you can pitch in some rodent chow to keep the site’s squirrels on their treadmill, we’d appreciate it greatly.

This is an open thread — your off-topic comments are welcomed in this thread. Let’s kick some ass and take names this Monday morning.

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