Meanwhile, Congress Extended Warrantless Surveillance and Rolled Back Dodd-Frank…

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For all the back-and-forth that made headlines leading up to and during the government shutdown, it’s when Democrats, Republicans, and even Trump have agreed in recent times that inspires a feeling of dread. (Photo Credit: Win McNamee/Getty Images)

As I have emphasized on this blog and as numerous other concerned members of the Resistance would offer, when something crazy is going on in national news and politics—which these days unfortunately seems to disproportionately involve President Donald Trump and his embarrassing conduct—it merits watching what is going on when Congress actually gets around to advancing and/or passing legislation through the House and Senate. To be sure, there have been a fair amount of distractions recently that have dominated headlines and have made this task more difficult. Probably the biggest topic on everybody’s minds was the President’s alleged use of the word “shithole” in describing countries like El Salvador, Haiti, and various African countries that are less savory as sources of immigrants than, say, Norway. I say “alleged” because several Republican lawmakers present for the meeting and DHS secretary Kirstjen Nielsen have denied that he used that word. But come on—you know they’re full of shit. Even with a distraction like this, there’s another layer of distraction built in. Yes, Trump used a bad word, but the more important notion is Trump insinuated that it would be better if we accepted people from a country where white people are the majority as opposed to countries where black or brown people are the majority. Never mind that Americans are more likely to immigrate to Norway than the other way around because people who live there enjoy a high standard of living, universal health care, and generally are among the happiest individuals on Earth. The implication was clear to those who understand Trump has basically been a white supremacist’s wet dream since he started running for office.

Otherwise, there were more salacious accounts involving Trump’s personal life, specifically that he was having an affair with then-porn star Stormy Daniels while he was married to Melania back in 2006, and that, so as to not undermine his political chances or damage his brand or what-have-you, his lawyer formed a shell company in 2016 to negotiate the payment of $130,000 so that she would not disclose details about their relationship. Even though Daniels apparently did tell a number of details about it back in 2011 when interviewed by In Touch Weekly magazine—including the revelation that Trump is obsessed with sharks and hates their shark-y guts. Not a particularly damning revelation, mind you, but just entertaining. Why we haven’t heard or likely won’t hear more about it is perhaps puzzling—Chris Cillizza of CNN surmises it is likely because Trump’s camp has denied any connection between Trump and Daniels, people don’t want to be involved with anything even tangentially related to porn (at least where prying eyes might see), that we’ve heard it all about Trump already, or all of the above—but regardless of the profile of this story, it seems like pretty reprehensible behavior on Trump’s part from a moral standpoint, and pretty ethically inexplicable from a legal standpoint if there wasn’t any legitimate reason for Daniels to be getting $130K (and why wasn’t it $150K—that’s a much nicer “round” number than $130K, no?).

On top of this, there was the drama involving the government shutdown, which wasn’t so much of a “distraction” given that there were real consequences for this happening, but the partisan squabbling it encouraged was realistically more theatrical than anything. Democrats expressed their concerns about the level of funding for the Children’s Health Insurance Program (CHIP) and for the level of protection for “Dreamers” under Deferred Action for Childhood Arrivals (DACA). Republicans were outright blaming the Democrats for this mess and used military pay as a bargaining chip, alleging that the Dems held these all-important monies for our uniformed men and women hostage. Donald Trump kept insisting that someone needs to pay for a border wall. All the while, fingers were being pointed in every direction—with most Americans pointing back at Congress for not being able to strike a deal or by tying the DACA issue to the budget resolution issue, even if Democratic, Republican, and independent voters alike broadly support an extension of DACA. In short, and after the fact, no one looks good as a result of this, and for all his past criticisms of President Obama in presiding over shutdowns, it looks especially bad for Trump now that he has encountered one in just a year or so since he began his tenure—and with both the House and Senate under GOP control, no less.

All this, and we haven’t even gotten to the #ReleaseTheMemo business that conservatives have had on the tip of their tongue of late! Congressional Republicans have been alluding to a memo in Devin Nunes’ possession that outlines Obama-era abuses of the Foreign Intelligence Surveillance Act (FISA) by the FBI and Department of Justice, specifically as it regards investigation into Russian influence in the 2016 presidential election. Worse than Watergate, they claim! It is with this final distraction that I’ll bring in a recent piece by Matt Taibbi of Rolling Stone for an excellent contextualization—as he is wont to provide—of this particular instance of click-bait news. Taibbi starts by saying what most reasonable observers have put forth: that if the memo is really as jaw-dropping as outspoken Republicans have made it out to be, then by all means, it should be released. At the same time, though, as Taibbi argues, if this material truly exonerates Donald Trump of any wrongdoing re Russia, why hasn’t the man himself released it? After all, Trump, um, is characteristically not afraid to share. From the article:

By all means, if the memo is important (although I doubt it) let’s let the public see it. But followers of this story should also remember that if this or any classified document somehow exculpates Donald Trump on any front, he’s had the power all along to declassify such information. Why Trump hasn’t done so on a number of these occasions has been one of the enduring mysteries of this affair. It’s given pause to even the most hardened Russiagate skeptics.

This includes people like former federal prosecutor Andrew McCarthy of the National Review. McCarthy has been highly critical of the Robert Mueller investigation, but has also repeatedly wondered why Trump is not lifting the veil on some of these documents. One of the few figures in the media to explore holes in Russiagate theories propagated by both sides, McCarthy had this to say in August:

“I can’t get past a nagging question: Why must we speculate about whether the Obama administration abusively exploited its foreign-intelligence-collection powers in order to spy on Donald Trump’s political campaign? After all, Trump is president now. If he was victimized, he’s in a position to tell us all about it.”

At the very least, it’s food for thought, and prompts Matt Taibbi to label the #ReleaseTheMemo fervor “curious and disingenuous at best.” (Also not helping this case: that this hashtag has been linked to Russian bots that have helped to get it trending on Twitter.) At the same time, Taibbi indicates that it’s not like individuals on both sides of the political aisle haven’t been working to obscure what the sources of their information on Russia may be. Already, given its history of attention-grabbing details like lurid tales of Russian prostitutes and “golden showers,” and the subsequent backlash it received for having the likes of Buzzfeed break the news unconfirmed, the Steele dossier, for one, has not necessarily been something the mainstream media wants to acknowledge as informative of the investigation into Trump’s affairs. In other words, there’s much confusion and misdirection about what people know and how they know it re Russia, and thus far, it has mostly amounted to nothing more than additional confusion and tedious back-and-forth accusation, as it did with the shutdown.

The main thrust of Taibbi’s article, meanwhile, and getting back to the notion of these events as distraction and theater, is that while all this political brinksmanship was going on, important legislation with serious implications was being passed, aided by Democrats crossing that proverbial aisle. The first, coincidentally, involves FISA. Specifically, the House and Senate passed an extension of Section 702 of the Act, which lets the U.S. government obtain the communications of foreign nationals outside the United States without a warrant. Per the language of the law, intelligence agencies are not permitted to target U.S. citizens or nationals, or to use the power of Section 702 to surveil individuals on American soil. Groups like the American Civil Liberties Union and other civil liberties-minded organizations, however, have expressed doubts about how this program may be used and abused. The ACLU, in particular, enumerates these charges concerning the deleterious effects of Sec. 702:

  1. Section 702 allows warrantless surveillance of people inside and outside the U.S.
  2. Despite the fact that the law is not supposed to be used to target Americans, the government has been doing just that for years.
  3. Information collected under Section 702 could be used against you, and you likely wouldn’t know.
  4. Section 702 is used to examine communications flowing in and out of the U.S. in bulk.
  5. Surveillance programs have been abused by the intelligence agencies.
  6. There is little that prevents Section 702 from being used against critics, activists, religious minorities, or communities of color.
  7. The program is not subject to any meaningful judicial oversight.
  8. The government has deliberately chosen to hide the impact of the program from the public.
  9. Section 702 surveillance chills freedom of speech and association.

There are more detailed explanations for each of these items on the ACLU page linked to above, but suffice it to say, there are legitimate concerns about how broadly Section 702 may be used to capture information that is relevant to “foreign intelligence”—a distinction that is subjective and seemingly intentionally vague—how this sensitive information may be stored in databases for undetermined lengths of time, how political or even personal enemies may be targeted by intelligence community members as an abuse of their privilege, how legal procedure may be circumvented in the name of “anti-terrorism” efforts, and how so few data have been made clear to interested parties regarding the surveillance of Americans and the usage of their online communications. Liberal or conservative, it creates trepidation on the part of the average telephone/mobile/Internet user-consumer, and perhaps worst of all, it feeds the narrative of the “deep state” on the right that undermines even the best-intentioned government actions. But, by all means, let’s have more conspiracy theories!

As Matt Taibbi submits, too, it may be patently self-defeating to reauthorize the “virtually limitless surveillance powers of this president” when many suspect him to be aided or compromised by Russia. Which makes it all the more frustrating—at least to me—that Democrats like Nancy Pelosi and Adam Schiff would vote for an extension of Section 702 of FISA when they have publicly expressed their doubts about Trump. Taibbi explains what is likely behind this “yes” vote from key House Dems:

This is a classic example of something that’s been axiomatic in Washington for ages: that both parties tend always to be interested in expanding executive power, no matter who’s in office or what the political situation. In this case, the principle of expanding presidential authority outweighed even concerns of abuses by the likes of Donald Trump.

Or, perhaps to put this another way, yes, let’s give the executive more power so we can exploit it when our party is in the White House. As tends to be the case in the world of politics, moral objections are relative to how many seats you control and whether or not your side is in the Oval Office.

The other piece of legislation which stands to get through the Senate, notably with the help of several Democrats, and which is equally if not more concerning, is the rolling-back of regulations provided for by the Dodd-Frank Wall Street Reform and Consumer Protection Act, already criticized for not going far enough to do either of its stated objectives. The list of Democratic co-sponsors to the so-called Economic Growth, Regulatory Relief and Consumer Protection Act, which was released on December 5 of last year, reads like a who’s who of irritatingly moderate Democrats. Michael Bennet. Joe Donnelly. Heidi Heitkamp. Tim Kaine. Angus King, who technically is an independent, but let’s give him, ahem, credit where credit is due. Joe Manchin. Claire McCaskill. Gary Peters. Jon Tester. Mark Warner. These are self-professed Dems from states like Colorado, Montana, Virginia, and West Virginia in which being a centrist on matters of regulation of business appears to be a self-preservation move more than anything. Unless, as Taibbi suggests, they were either tricked or wooed by lobbyists for the banks. Here’s what he had to say on the matter:

In another bizarre episode, at least ten Senate Democrats recently crossed the aisle to support a rollback of key provisions of the Dodd-Frank banking reform bill, the killing of which of course has long been a major policy goal of Trump’s. The Dodd-Frank bill story is particularly disturbing, because it signals a rare potential area of consensus amid the otherwise reassuringly dysfunctional three-headed monster that is the lunatic Trump, establishment Republicans, and Democrats.

The bill has been pitched as aid and regulatory relief to small banks and credit unions. Such groups are the widows and orphans of financial reform: nobody’s ever against helping them, which is why even giveaways to Wall Street behemoths are often dressed up as aid to regional bankers. The Dems who crossed the aisle to support the Dodd-Frank rollback bought into the lobbyist-flogged idea that Too-Big-To-Fail banks have too many punitive regulatory requirements, and moreover that “smaller” companies (i.e. firms with less than $10 billion in assets) should be exempt from the already watered-down Volcker rule, which prevents depository banks from gambling for their own accounts.

One of the main ideas behind the proposed bill, which passed the banking committee 16 to 7, is changing the definition of a “Too Big to Fail” institution from having $50 billion in assets to having $250 billion in assets. This quintupling of the size limit would mean a number of huge companies would now enjoy relaxed capital requirements and other benefits. Only about 10 companies would be left to face the more stringent rules.

Why is this a concern? Only because it would increase the risk of another financial meltdown like we had ten years ago. As Taibbi and others argue, de-concentrating financial power by breaking up the big banks and by forcing them to separate banking and investing (read: sanctioned gambling) activities helps to mitigate this risk. Besides, if you’ll recall, it was taxpayers who bore the brunt of the last recession, but absent more stringent rules to keep Wall Street and the financial industry in check, there’s no guarantee another crisis won’t manifest. And once more, we would be the ones called on to bail out the big companies who played fast and loose with our money—not the other way around.

As Taibbi frames this, this is Congress in a nutshell: they fight publicly over something that’s “irrelevant, inaccurate, or far from a resolution,” only to have a consensus group advance a bill that is highly important/relevant, but “unsexy” and unlikely to garner the same attention, or even the kind of attention it merits. For the liberal progressives among us, this is a decidedly poor modus operandi.


Even as distraction, the three-day “kerfuffle,” as Matt Taibbi called it, over the shutdown was particularly galling to many on the left because the Democrats made a deal without any real assurances from Republicans that voting on a new DREAM Act would be taken up in the near future. Oh, sure, Mitch McConnell swore there would be, but trusting Mitch McConnell is like the fabled frog trusting the scorpion not to sting it as they cross the river—the scorpion will sting because that’s its nature, and McConnell will back out of his promise because he, like our President, is a lying sack of shit. Of course, Chuck Schumer didn’t waste much time backing out of certain terms either—after initially indicating prior to the end of the shutdown that a border wall would be on the table as part of forthcoming negotiations, he apparently pulled a 180 and made it clear the wall was no longer on the table. Psych! Regardless, after Donald Trump and congressional Republicans were done lambasting the Democrats for causing the whole government shutdown, the relatively short duration of the shutdown dovetailed ever nicely into jabs from conservatives that the Dems “caved” on the issues at hand. Name-calling though it might be, it’s hard to disagree with this assessment. The fate of Dreamers and the wall are still sticking points, and once more, the can has merely been kicked down the road noting that this resolution is merely a temporary budget fix.

Not that this necessarily means a huge deal, but if Americans are disappointed and embarrassed by this particular episode in U.S. politics, you can just imagine what the world thinks of us—distractions and all. Zack Beauchamp, writing for Vox, researched this very topic, and was struck by one prevailing theme which emerged from the responses he received from international observers: that there is something profoundly wrong with the American political system. For those looking on in Canada, France, and even the United Kingdom, with whom there yet remains some sympathy for our backward ways, there is cause for both concern and vague deprecation. For less understanding authoritarian regimes and otherwise tightly-run states, there is outright glee that America’s government can descend into chaos so easily, and unfounded as the claims may be, the shutdown makes us look weak, suggesting to some that Western democracy is fundamentally flawed (hello, Chinese propaganda!) or that the shutdown is pure theater to distract from the Democrats’ conspiracy theories about Trump’s ties to Russia (hello, Russian propaganda!). All these reactions without having to mention golden showers, shitholes, or Stormy Daniels. Jeez—has it only been a year so far? It feels more like ten with all the nonsense that’s gone on heretofore.

To reiterate, though, this goes back to the notion of distraction. For all the blaming and finger-pointing that went on this past week, where consensus has been achieved, yet worse consequences stand to be realized. The extension of Section 702 of FISA, as noted, is concerning to liberals and libertarians alike, and the continued collective kowtowing of Congress to “Too Big to Fail” institutions and Wall Street alumni is seeming proof that both parties work first for their benefit, and get to our concerns if and when they have the time and wherewithal. If you think a three-day shutdown is bad, just wait until the next economic nosedive, something that arguably is less a question of if and more a question of when.

Fix the Democratic Party or Start a New Party? The Progressive’s Conundrum

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The Democrats’ most popular senator is actually an independent, and a 75-year-old Jew with a Brooklyn accent, at that. If this is not concerning to a party that touts its diversity and its youthful energy among its strengths, I don’t know what else is. (Photo Credit: Bernie Sanders/Twitter)

Who’s the most popular figure in American politics right now? Well, obviously, our fearless leader Donald Trump, right? Um, yeah, no. As of April 12, per Gallup, Trump’s approval rating sits at 41%, seemingly not all that much improved since hurling 59 Tomahawk missiles at Syria. In fact, since the start of his term, President Trump has gone from having essentially equal approval and disapproval ratings at a point in the mid-40s, to having his approval rating dip to a level of near-stasis around the 40-percent-mark and his disapproval rating escalate to a near-constant rating upward of 50%. So, yeah, it’s not that guy. For the sake of a contrast, Barack Obama finished his tenure with about a 60% approval rating—though let’s be real—as feelings of buyer’s remorse began to kick in shortly after Trump’s electoral victory, this figure was bound to be on the incline.

Given Congress’s depressed approval rating of late, you would be loath to thinking it would be a member of the House of Representatives or Senate either. Back to Gallup we go. Though hating on Congress is nothing new, it’s still fairly startling to see only one in five Americans giving our lawmakers a proverbial thumbs-up. Democratic respondents, likely frustrated with a Republican-controlled legislature running amok, report a scant 10% approval rating. Independents, likely believing both major parties, by and large, suck eggs, lie at the 20% national average. Even Republican respondent approval ratings of Congress are down; the current approval rating sits at 31%, notable after a 50% rating and seven-year high in February. Apparently, people don’t like it when you screw around with their health care—who knew!

Let’s back up a moment. Who is the most popular senator with his or her constituents? Wait a minute—could it be a certain senator from Vermont? Close! Patrick Leahy is second among senators in terms of approval from the residents he represents. Oh, wait—you meant the other senator from Vermont. Yup, the Granite State has quite the one-two punch in terms of positive vibes, and leading the country in terms of the most beloved senator in these United States is none other than Bernie Sanders, according to a recent Morning Consult poll. Both of Maine’s senators, Angus King (#5) and Susan Collins (#6), also ranked in the top ten, which is actually pretty well balanced between Democrats/independents and Republicans.

It should be noted that Sanders, while most-approved of within this poll and possessing the widest gap of approval to disapproval percentage, does not get the lowest disapproval rating overall; that honor goes to Brian Schatz of Hawaii (#8). For the sake of completion, lowest approval rating goes to Thom Tillis of North Carolina (39%), with Democrats Gary Peters of Michigan (39%), Robert Menendez of New Jersey (40%), and Catherine Cortez Masto of Nevada (42%), and Republican Dean Heller of Nevada (43%) rounding out the bottom five. Honorable mention goes to dishonorable Mitch McConnell (44%), Republican senator from Kentucky, the only person in the Senate to garner a higher disapproval rating (47%) than his or her approval rating. Congratulations, Mitch—you toad-faced heel.

Forget about mere popularity within the state of Vermont, though. Nationally speaking, Bernie Sanders, according to a FOX News poll dated March 15, enjoys a 61% approval rating, as opposed to a 32% approval rating. That’s significantly better than Donald Trump (44% favorable; 53 unfavorable) or even Mike Pence (47% favorable; 43% unfavorable). As Janice Williams, writing for Newsweek, frames these statistics, this kind of appeal might have been enough to give Bernie the W in a theoretical head-to-head matchup with Trump. Whether or not this is true is anyone’s guess, but regardless, these kinds of figures likely merit the Democratic Party’s attention.

While Sanders ran on the Democratic ticket in opposition to Hillary Clinton during the 2016 primaries, as a member of the Senate, he is, of course, an independent, and one of only two in the Senate alongside the aforementioned Angus King of Maine. As much as Bernie Sanders is keen to preserve his identity as an independent, though, the establishment wing of the Democratic Party appears content to keep him at arm’s length. Such is the complex dance between progressives who are sympathetic to the aims of the Democratic Party at large, especially as regards the Dems’ superior positions on matters of social policy, and mainstream Democrats who, generally speaking, want nothing to do with progressive candidates.

The well-publicized tension between the then-leadership of the Democratic National Committee and the Sanders presidential campaign provides perhaps the most salient example of this divide, but even after a failed attempt to keep Donald Trump out of the White House—an attempt which featured Bernie, upon suspension of his campaign, throwing his support behind Hillary Clinton, mind you—this same kind of tug-of-war informs Democrats’ backing of more liberal candidates, or lack thereof. This past Tuesday, the results of a special election to fill the vacancy of the House seat left vacant by Mike Pompeo’s appointment and confirmation as CIA director were surprisingly close given the setting: a Kansas district, which is situated in a deeply red state and which opted for Trump over Clinton by a 27% margin in the presidential election. Only seven percentage points separated the winner, Republican Ron Estes, from the runner-up, Democratic challenger James Thompson. Whether or not this one election heralds a more pronounced Democratic uprising in future elections is yet to be seen, but in another upcoming special election for a House seat in Georgia, Democratic supporters are licking their chops at the chance to grant victory to Jon Ossoff and send a message—however small—to President Trump and the GOP that their agenda is not approved of by a significant cross-section of the American population.

Give Republicans a run for their money in two red states? Democratic leadership must have invested a lot in both candidates, huh? Maybe—maybe not. In terms of Jon Ossoff, the candidate for the vacant House seat in Georgia, both the Democratic National Committee and the Democratic Congressional Campaign Committee (DCCC) have invested heavily in support of him, adding millions of dollars to the millions his campaign has raised, eager to spin the narrative of sticking it to Donald Trump. As for James Thompson, the progressive from Kansas? Eh, not so much. Sure, after the fact, the Democratic establishment added the closeness of the race between Estes and Thompson to this same anti-GOP, anti-Trump narrative. But during the campaign itself? Support for James Thompson was quantifiably lacking, despite his identification under the Democratic Party banner.

Michael Sainato, writing for Observer, explores the absenteeism of the DCCC and DNC in a piece that lays out the situation pretty succinctly from the title alone: “The DNC and DCCC Confirm They Won’t Support Progressive Candidates.” Here is a notable excerpt from the piece:

The Democratic establishment tried to appropriate Thompson’s success in the district as a testament that anti-Trump sentiments will translate to big wins for Democrats in the 2018 midterm elections. However, when pressed on why they failed to support Thompson, they dismissed criticisms for ignoring the race. The Huffington Post reported, “A DCCC official who spoke with The Huffington Post on Monday, however, argued that the party’s involvement would have been ‘extremely damaging’ to Thompson because it would have been used against him by Republicans, who have poured significant money into the race. Thompson has performed better than expected in the race because he stayed under the radar, the official added.” This claim makes little sense, especially given that Thompson’s Republican opponent portrayed him as an establishment Democrat anyways.

Rather than this special election representing an anomaly or misstep from the Democratic leadership, there’s a prevailing trend within the party’s establishment to select and support weak, centrist candidates who provide the party with opportunities to fundraise from corporate donors. This trend is symptomatic of a revolving door within the Democratic Party leadership, where party officials often sell out to work for Republican lobbying firms.

In this equation, Ossoff is that “centrist” candidate, which explains the disparity of support. The thinking from the leaders of the Democratic Party seems to be that a moderate Democrat is better than a Republican—even when courting big money from similar or even shady sources, or even “selling out” to working for Republican lobbying firms after the fact. A rose by any other name would still smell as sweet, and as progressives might argue, money in politics, whether at the behest of Dems or Republicans, is still a corrupting influence.

Thus, when it comes to progressive candidates and voters, there’s a dilemma concerning how and where they swear their allegiance in upcoming elections. By virtue of the Republican Party’s alliance with regressive conservative elements, and Trump’s own collusion with the far-right, the right side of the spectrum is a no-go. Supporting the Democratic Party, meanwhile, is problematic in its own right when its leadership doesn’t support them back, hews too close to center, and refuses to authentically embrace grassroots fundraising and organizing on a national level. Existing independent/third-party options are likewise less than savory owing to questionable organizational infrastructure and, as regards the Green Party and Libertarian Party specifically, figureheads in Jill Stein and Gary Johnson that are considered punchlines more so than viable presidential candidates. Broadly speaking, the current list of options for liberals is fraught with frustration.

In fact, if a recent article by Alex Roarty for McClatchy DC is any indication, liberals are “fuming” over the Democratic establishment’s reluctance to stick its neck out for anyone of a more progressive tint. Both Jim Dean of Democracy for America and members of our Our Revolution, an organization founded by former Bernie Sanders campaign staffers, are cited within the piece as reproaching the Democrats for their refusal to “wake up” and to stop ignoring districts they don’t think they can win because they are too “red.” Even James Thompson, the also-ran man from Kansas, was critical of the Democratic Party’s approach to his race, averring simply, “(DCCC) and DNC need to be doing a 50-state strategy.”

The DCCC and DNC spokespeople cited in Roarty’s article seemed to defend the lack of backing for Thompson by throwing up their hands and declaring the race “unwinnable,” a sentiment echoed all the way up to Committee chair Tom Perez himself. This is not the kind of talk that helps energize a party and recruit new members, though. First of all, yes, James Thompson lost, but only by seven percentage points, and with the likes of Mike Pence and Ted Cruz making appearances and Republican donors infusing money into the race against him in the final weeks and days when the final result seemed not so sure. In addition, and in the arena of the self-fulfilling prophecy, if you never try to make inroads in certain districts and areas of the country (e.g. Midwest, South), you are never going to win. It didn’t play well for Hillary Clinton to write off Trump supporters as “deplorables,” and it arguably doesn’t help the Democratic Party to ignore whole swaths of the United States of America.

In short, what are progressive liberals to do, especially when they see some of their most popular figures in Bernie Sanders, Elizabeth Warren, and Keith Ellison reduced to flunkies for the Clinton campaign and/or donation solicitors in the name of “party unity?” See, I think the Democratic leadership thinks we progressives are too stupid to notice that they are less concerned with what’s in our hearts and minds, and more concerned with what’s in our wallets and purses—or that they simply don’t care if we do notice. I believe, however, that progressives—young progressives, especially—are better at reading authenticity or its absence than today’s political leaders give them credit for, such that when Sanders or Warren threw their support behind Hillary for political reasons, or when they create a position in the DNC of deputy chair that is even more ceremonially meaningless than that of Perez’s role of chairperson, it rings hollow. As it should. Representative democracy doesn’t truly qualify as such unless constituents feel they are being represented by someone who embraces and exemplifies their values, and consistently, the Democratic Party brass had made it evident that they can’t or won’t go as far on matters of grassroots fundraising and policy than their more liberal supporters are asking them to.

As Jonathan H. Martin, professor of sociology at Framingham State University, and others of a progressive mindset are convinced, the answer to the question, “What do we do?” is “Form a new party.” As Martin depicts the situation, if people can’t coalesce around an existing party that has seemingly benefited from a Bernie bump of sorts, such as the Green Party, Justice Party, Socialist Alternative, or Vermont Progressive Party, then a new organization needs to be forged, with those who “feel the Bern” in mind. According to Prof. Martin, the two groups who are leading this charge, at least as of late February, are the Progressive Independent Party, which aims to be a coalition of the willing in terms of progressive, third-partiers, and others on the left, and the Draft Bernie for a People’s Party movement, which pretty much says what it entails up front.

Of the two, Jonathan Martin finds the latter more immediately appealing, for if someone as popular as Bernie Sanders were to break ranks and form a new party, polling indicates that not only does a sizable subset of the voting population desire a viable third party, but many Americans do want the kinds of bold reforms that a Sanders type proposes. Martin highlights both the likelihood that this vision could move forward with Bernie at the helm, and the ultimate choice that progressives face in the political uncertainty following the 2016 election, with the following ideas:

While recruiting Sanders for a “people’s party” may sound like a long-shot effort, his own statements indicate that he remains open to third party politics, and might well go that route if his work to reform the Democrats fails. However, if Bernie doesn’t eventually do this, the movement for a new party may go forward without him.

In any case, the DNC election and subsequent events should challenge both influential and ordinary progressives to ask themselves how long they will continue sailing on the U.S.S. Democrat. That ship is not headed toward the desired destination, nor is it even designed to go there. Moreover, in the wake of the 2016 election, it is a boat that appears to be rotting, drifting, and gradually sinking. Why not jump aboard a different vessel, one that really has the potential to get us where we urgently need to go?

For Bernie’s part, the man still seems unwilling to abandon ship, continually speaking in terms of reforming or rebuilding the Democratic Party in more democratic fashion, and eschewing the pleas of Jill Stein and Company to get on board with a third-party agenda. At the immediate moment, therefore, it seems more probable that a theoretical People’s Party will have to soldier on without their muse, though the alternative is certainly not impossible considering just how tiresome the Democratic establishment can be for the rest of us—and we’re not even interacting with them regularly like Bernie Sanders is. As for the rest of us? Perhaps we don’t quite see the Democrats as a rotting, drifting, sinking ship, but how many of us have one foot in a lifeboat—with some rope handy just in case we get the urge to kidnap Captain Sanders and hold him as our progressive prisoner? Presumably, such a political maneuver would be intended for 2020, as the 2018 midterms are just a year-and-change away, but to take a genuine shot at disrupting the duopoly held by the Democratic and Republican Parties, even that kind of mobilization needs to happen sooner than later. In other words, if liberals are thinking about bailing, they may need to make a decision fast with political waters rising.

Fix the Democratic Party or start a new party altogether? For progressives across the United States, it’s a conundrum, to be sure. This much, however, is clear: the Democratic Party, as it is, can’t function as a cohesive unit in the long term, and progressives backed by/composed of a coalition of young voters and working-class individuals either need to be invited to the table, or find a new restaurant altogether. What to do, what to do?

With Democrats Like These, Who Needs Republicans?

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In retrospect, we should have known Heidi Heitkamp and Joe Manchin would vote for Scott Pruitt as head of the EPA based on their unnatural skin tones. (Photo Credit: Getty/Washington Post).

Though it’s been fairly quiet on the confirmation front lately (President Donald Trump has been repeatedly criticized for his—shall we say—dilatory commitment to filling vacancies in his Cabinet), even ex post facto, it can be educational to see how our U.S. senators voted on the 19 nominees thus confirmed. A particularly valuable resource in this regard is an interactive graphic from The New York Times authored by Wilson Andrews, Times graphics editor, that plots the confirmation vote records of each and every senator, sorted by most “no” votes to least.

On the Republican side, the results are disappointing, if not unsurprising. Of the 52 Republicans with a seat in the Senate, only four have registered at least one “no” vote: Lisa Murkowski (DeVos), John McCain, (Mulvaney), Rand Paul (Pompeo, Coats), and Susan Collins (DeVos, Pruitt). Aside from Andrew Puzder, who withdrew his name for consideration for the role of Secretary of Labor, and Betsy DeVos, Secretary of Education, who required Vice President Mike Pence to break a 50-50 tie and has been the only nominee to receive multiple “no” votes from Republicans, no one else has really been in doubt to pass confirmation proceedings. The only other candidates who have failed to garner even 55 votes are Mick Mulvaney (Office of Management and Budget), Jeff Sessions (Attorney General), Tom Price (Department of Health and Human Services), Scott Pruitt (Environmental Protection Agency), and Steven Mnuchin, the likes of which, either based on their past conduct, their conflicts upon conflicts of interest, or both, haven’t exactly distinguished themselves—well, at least not in the positive sense.

As for the Democrats and independents, the results are decidedly more varied. The top “no” voter in the Senate, tallying 17 of 19 nays, is Kirsten Gillibrand of New York, who is not really regarded as a progressive heroine, but has seemingly moved further left as she has gone along, and certainly more so than in her days in the House. Also high on the list are some of the more popular and well-regarded senators in terms of their principles—Cory Booker, Jeff Merkley, Bernie Sanders, and Elizabeth Warren, all of whom have issued 16 of 19 “no” votes. These senators and others who have voted no roughly two-thirds of the time—13 or more “no” votes, let’s say—comprise a minority even within the group of just Democratic and independent senators. Only 15 of this bloc of 48 senators have voted “no” 13+ times (31.25%), and that clip decreases to a scant 15% within the U.S. Senate at large. On one hand, that more Democrats are willing to break ranks is perhaps encouraging in terms of the desire to not merely rubberstamp or preemptively dismiss nominees along the path to confirmation. On the other hand, if you were looking for a unified front from the Dems, you can go ahead and keep looking, and moreover, the divide in votes may be indicative of a larger ideological divide within the Democratic Party.

Though a minority in its own right, a group of eight Democratic or independent senators has failed to record 10 or more “no” votes in 19 confirmation vote proceedings, with five of them failing to eclipse even six of 19, or a third of votes. These are the lowest of the low, literally speaking, regarding “no” votes:

Joe Manchin III (D-WV)

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“No” Votes: 4 (DeVos, Mulvaney, Price, Ross)

Joe Manchin, a professed Democrat, has cast as many “no” votes as Republican Senators who have voted “no” altogether during the confirmation process. As noted, that’s a bar that should be fairly easy to clear—and he hasn’t. The votes for Scott Pruitt and Rex Tillerson don’t come as that much of a surprise for Manchin, hailing from a state that is synonymous with coal, but the “yes” vote for Jeff Sessions is particularly egregious. Some are comparing Joe Manchin, based on his willingness to break from other Dems, to Joe Lieberman, a comparison which is not all that endearing. Though obviously a joke, it’s telling when the official Twitter feed for Full Frontal with Samantha Bee suggests Democrats oppose Manchin in the 2018 primaries with a lump of coal. Brutal, but not wholly undeserved.

Heidi Heitkamp (D-ND)

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“No” Votes: 5 (DeVos, Mulvaney, Sessions, Price, Mnuchin)

Heidi Heitkamp, like Joe Manchin III, suffers the ignominy of voting “yes” on both Pruitt and Tillerson. Also like Manchin, she hails from a state in North Dakota of which fossil fuels make up a significant part of the economy, so not a huge shocker there, but still disappointing. That she would be so principled on nominees like Mick Mulvaney, Jeff Sessions, Tom Price, and Steven Mnuchin makes her positions on Scott Pruitt and Rex Tillerson all the more jarring. Either way, Heitkamp and Manchin are the only two Democrats to vote for both Pruitt and Tillerson, and the former, like the latter, should receive her due censure from progressives within the party.

Angus King (I-ME)

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“No” Votes: 6 (DeVos, Mulvaney, Sessions, Price, Pruitt, Mnuchin)

Angus King of Maine is one of two independents in the Senate, alongside a certain senator from the state of Vermont who gave Hillary Clinton a run for her money regarding the Democratic Party nomination. Like Bernie Sanders, he caucuses with the Democrats. Apparently, though, he doesn’t vote with them nearly as often as his counterpart. Certainly, the “yes” vote for Rex Tillerson is concerning, but his approval for the likes of Ben Carson and Rick Perry is also vaguely disconcerting. Mr. King, you may be independent and may caucus with the Dems, but you are no Bernie Sanders. Not even close.

Joe Donnelly (D-IN)

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“No” Votes: 6 (DeVos, Mulvaney, Sessions, Price, Mnuchin, Tillerson; did not vote on Pruitt)

If you believe Joe Donnelly, he is a lawmaker committed to making life better for his fellow Hoosiers, and this includes working across the aisle when necessary. If you approach his statements and his voting record from a more pragmatic or even cynical viewpoint, though, you might say he capitulates to conservatives when he has to. As both a member of the House of Representatives and a U.S. Senator, Donnelly’s record has been marked by his being more moderate on both economic and social issues. While I respect that this likely has caused him stress in being the subject of attacks from both the left and the right, speaking as someone from the far-left, I and other progressive-minded individuals are looking for better than 6-for-19 on these confirmation votes. That would be fine in baseball, but Indiana does not have a major league team, and these matters are more important.

Mark Warner (D-VA)

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“No” Votes: 6 (DeVos, Mulvaney, Sessions, Price, Pruitt, Mnuchin)

Mark Warner has the exact same voting record on Cabinet position confirmations as the aforementioned independent Angus King. That’s not an endorsement—nor should it be considered as such. Once again, the principled stance on Pruitt alongside a “yes” vote on Tillerson is an odd juxtaposition, and even casting votes in favor of Rick Perry or even Ryan Zinke raises the progressive brow. Warner, it should be noted, is the top Senate Democrat investigating ties between Russia and Trump, particularly in the arena of interference in the 2016 presidential election. That said, being recently spotted having a chat over wine with Rex Tillerson doesn’t exactly inspire confidence for Democratic supporters that his interests and party loyalty are all that pure. Mark Warner, you’re on notice.


Even for those Democratic senators who have cleared the low hurdle of six “no” votes, a few others have yet to garner double digits, putting their judgment in question, or, if nothing else, suggesting they may be too close to center to really inspire enthusiasm among younger members of the party base. The following senators, if not getting an explicit wag of the finger, are nonetheless worthy of a wary eye:

Claire McCaskill (D-MO)

“No” Votes: 7 (DeVos, Mulvaney, Sessions, Pruitt, Mnuchin, Tillerson, Carson; did not vote on Price)

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You may have heard Claire McCaskill’s name in the news recently, when she called upon Jeff Sessions to recuse himself from any investigations into Russia and Trump, averring that she personally had never met Russian ambassador Sergey Kislyak—when, in fact, she totally had.  She also has recently been making a push to Bernie Sanders supporters in her bid for re-election—you know, despite endorsing Hillary Clinton early in the primaries and criticizing Sanders’ campaign at the time. These stories may say enough about the Democratic senator from Missouri, but her voting record alone on Trump’s Cabinet nominees should prompt criticism from the left.

Jon Tester (D-MT)

“No” Votes: 8 (DeVos, Mulvaney, Sessions, Price, Pruitt, Mnuchin, Tillerson, Pompeo)

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As far as moderates go, Jon Tester is fairly well regarded among liberals based on a number of his votes in the Senate, as well as policy positions which have evolved and moved further left over time (e.g. same-sex marriage, Don’t-Ask-Don’t-Tell). A bleeding-heart liberal Tester is not, though, with his pro-gun stance, for instance, painting him as more of a “your grandpappy’s” kind of Dem than the “elitist liberals” that are always being decried in right-wing circles. At least on the gun issue, this is perhaps to be expected in a red state like Montana. Still, one might have liked to see more push-back on nominees like Wilbur Ross or even Linda McMahon given his past diatribes against the wealthy. You get a pass this time, Sen. Tester. This time.

Tim Kaine (D-VA)

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“No” Votes: 9 (DeVos, Mulvaney, Sessions, Price, Pruitt, Mnuchin, Tillerson, Carson, Perry)

Tim Kaine’s presence on this short list means Virginia has two under-10 “no” vote senators to its name, the only such state to earn that distinction given two Democratic/independent senators. Kaine, as you’ll recall, was Hillary Clinton’s pick for vice president, and a way too “safe” one at that. He is the sort that is unlikely to generate much enthusiasm from even party loyalists, let alone a younger portion of the base looking for more conviction on important issues, such as free trade (like Clinton, Kaine has supported NAFTA and came late to his resolution against the Trans-Pacific Partnership) and regulation of the banking industry (proposals of his, while under the guise of being pro-regulation, have been criticized by progressive groups as being anything but). Tim Kaine may be a nice enough guy, but he was the wrong choice for Clinton’s presidential campaign, and may be symbolic of the “mainstream” wing of the Democratic Party that is keeping it from more enthusiastically embracing more liberal views.


To be fair, one might argue that “no” votes without much hope of dramatically altering the outcomes of these Cabinet nominees mean very little. In this regard, stances taken against potential office holders amount to little more than posturing. By the same token, however, for those who have registered more “yes” votes than “no” votes, perhaps these confirmation votes presage a deeper reluctance to embrace the Democratic Party as a whole, or at least magnify the effect of their senator’s centrism.

Where the rubber meets the road, so to speak, then, is with the looming vote to confirm Neil Gorsuch as the next Supreme Court justice. In a vacuum, Donald Trump’s choice of Gorsuch to fill the vacancy left by the passing of Antonin Scalia might not be so hotly contested by Democrats. As things in the political world have shaken out of late, though, there is additional context to consider. Republicans already had majorities in the House of Representatives and the Senate before the fateful events of November, and with Trump—a loose cannon if ever there were one—ascending to the highest office in the nation, the stakes are higher than ever for a party in the Democratic Party that is reeling from electoral defeats up and down the levels of government.

Of even higher relevance, meanwhile, is Merrick Garland’s stalled nomination for this same vacancy. As you’ll likely recall, Garland was tapped by President Barack Obama near the end of his tenure, which he was perfectly justified in doing. Effectually, Obama called conservative Republicans’ bluff, nominating the kind of jurist that appeals to those on both side of the political aisle, and thus requiring GOP lawmakers to all but in name concede their refusal to confirm or hear Merrick Garland was petty gamesmanship. Which, of course, they did. Mitch McConnell and Co. held their breath and waited for Obama’s second term to conclude, rejecting calls from their Democratic counterparts and their constituents alike to “do their jobs.”

With all this in mind, we return to the current kerfuffle over Neil Gorsuch. Whereas Trump’s various Cabinet picks have only needed a 51-vote majority to secure confirmation, the role of Supreme Court justice, because it is so vital and because it is a lifetime appointment, would require 60 votes as part of a procedural cloture vote to end debate and move on to the actual confirmation vote if Senate Democrats are determined to filibuster the nomination. So, how committed are the Dems and independents in the Senate to staving off the confirmation vote? Well, let’s just say they should have enough votes—a minimum of 41 would be required—to filibuster Gorsuch’s nomination. But it’s not exactly a safe margin, and fairly significantly, I feel, a few senators have either wavered on whether or not they will support a filibuster, or have outright indicated they are against this measure. Once again, Wilson Andrews and The New York Times, with the help of Audrey Carlsen, Alicia Parlapiano, and Jugal K. Patel, have devised another helpful graphic to help us sort out the positions for or against filibuster.

Undecided or Unclear: 2

Up for Re-election: 2 (Benjamin L. Cardin, Robert Menendez)

Ben Cardin and Bob Menendez are likely to vote against Neil Gorsuch in a final vote to determine if he is confirmed or not. Remember, though, we are talking about specifically pledging to support the 60-vote filibuster, and as of Tuesday, April 4, 4:30 P.M. EDT, their commitment was judged by the team at the Times to be undecided or unclear on that front. Cardin, for what it’s worth, has said he supports the filibuster on social media, and Menendez has apparently followed suit. Both senators are facing re-election in 2018, but that provides only slight plausibility as to why they would wait until Democrats were all but assured of having the necessary 41 votes given they do not really hail from strong red states. In short, and to be quite frank, it’s pretty cowardly of Ben Cardin and Bob Menendez to make their intentions known after the fact. The above-cited article from The Hill also name-checks Angus King, who, as we know, is an independent and has only managed a scant six “no” votes (and is up for re-election), as a late decider. As Democrats, however, you would expect better of Cardin and Menendez, both of whom have gone 12-for-19 in “no” votes, and as a progressive hailing from the state of New Jersey, I am severely disappointed in the latter.

Against Filibuster: 4

Up for Re-election in Solid Trump State: 3 (Joe Donnelly, Heidi Heitkamp, Joe Manchin III)

Not Up for Re-election: 1 (Michael Bennet)

Joe Manchin. Heidi Heitkamp. Joe Donnelly. We’ve heard these names before, haven’t we? Suddenly, their positions on Cabinet nominees, viewed through the lens of their opposition to the filibuster, make a lot of sense. All three are running for re-election in what are deemed “solid Trump states,” meaning Donald Trump carried them by more than five percentage points in the presidential election.

On one hand, I get that re-election in hostile territory, so to speak, stands to be difficult, and there are those of us who would be willing to accept a moderate Democrat who agrees with the party at least some of the time as opposed to a Republican who is more likely to promote a regressive political agenda. On the other hand, though, being, for all intents and purposes, light versions of Republicans arguably does little for the party and only helps depress turnout in elections, especially among independents and progressives. In this regard, the Dems who capitulate to conservative or even moneyed interests can be seen as conceding without making a concerted effort to expand their base among neglected demographic groups in their jurisdictions—playing politics in the short term and risking party support in the long term. In other words, the likes of Donnelly, Heitkamp and Manchin are playing not to lose rather than to win, and this same strategy as employed by Hillary Clinton and other Democrats only seems to be hurting the Democratic Party at the polls. Once again, speaking bluntly, Democratic leadership doesn’t seem to “get it.”

As for Michael Bennet, even for someone whose job is not immediately in danger, he has recognizably faced pressure from both the left and right regarding the filibuster. If Jon Tester, a senator in a red state up for re-election can support the filibuster, however, I submit Bennet (10-of-19 “no votes”) could have, too. Way to ride that center rail, Mike.


The Senate Republicans are expected to exercise the so-called “nuclear option,” essentially rewriting the rules so that 51 votes can advance proceedings to the actual confirmation vote. So, why bother with a filibuster? Democrats and others on the left would insist that this is more than warranted for the GOP’s refusal to hear Merrick Garland, and besides, with a president whose ethical conflicts are barely disguised as such, and who many contend is too unhinged to serve in his present role, there are those who call on Senate Dems to demand Trump release his tax returns at a minimum before considering Neil Gorsuch for the vacancy in the Supreme Court. Then again, Republicans would say that the Democrats “started it,” after rewriting Senate confirmation rules for executive and judicial nominees in their own right in 2013.  Is all fair in love, war, and politics, or do two wrongs not make a right? I guess it depends on what side of the fence you’re on, honestly.

Even if the Republicans “go nuclear,” as President Agent Orange would have it, resisting the confirmation of Gorsuch and other picks until that point based on the merit of held ideals would convey to voters that the Democrats are willing to fight for their constituents and for what they believe in rather than merely trying to hold on to what seats they have. Moreover, claims from Joe Manchin et al. that politics should be kept out of the judiciary are weak sauce when politics so clearly stand behind the decision to nominate Neil Gorsuch in the first place. If Dems like Claire McCaskill want votes from Bernie Sanders supporters, they can’t just ask for it—they have to earn it. That is, they have to demand the kind of change that authentically speaks to the needs of their rank-and-file constituents, and not merely count on voters’ ability to distinguish their policies from those of the GOP, especially when calling for incremental or middling reforms. Otherwise, with Democrats like these, who needs Republicans?