How About a Constitutional Convention? How About No

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We’ve never held a convention of the states to propose a constitutional amendment, and maybe it should stay that way for the foreseeable future. (Image Credit: Howard Chandler Christy)

When it comes to the idea of a constitutional convention, it’s important to know who is doing the asking, why they are asking, and what the risks are should such a proposal come to pass.

As economist/political activist Robert Reich would have it, a “rogue” constitutional convention is “the biggest threat to our democracy that you haven’t heard of.” Full stop. First, as a primer, Reich explains that there are two ways to amend the Constitution:

There are 2 ways to amend the United States Constitution: One way – the way we’ve passed every amendment since the Bill of Rights – is for two-thirds of the House and two-thirds of the Senate to vote for a proposed amendment, and then have it ratified by at least three quarters of the states – now 38 in number.

But there’s a second way to amend the Constitution. Two thirds of the states may demand that Congress form a constitutional convention to propose amendments.

Why is Reich so disturbed by a convention that ostensibly is formed democratically by means of a two-thirds majority? The problem, as he tells it, is that once such a convention is convened, “there are no rules to limit or constrain what comes next.” In theory, delegates could change the ratification process at the convention, lowering the 38-state bar for approval of new amendments. From there, Reich warns, an Article V convention could “allow delegates to write their own agenda into our Constitution.”

And what might such an agenda look like? Like Reich, Charles P. Pierce, writing for Esquire, invokes the Koch Brothers as a point of immediate concern to discerning Americans on the left of, at, or near the center of the political spectrum.

The Koch Brothers have been bankrolling a pro-convention movement called the Convention of the States Project based on imposing fiscal restraints on the federal government as well as term limits on officials and members of Congress, not to mention limiting the very power and jurisdiction of the federal government. Disguised as convening for the purpose of proposing a balanced budget amendment, as Pierce explains, the convention would be a means of leveraging the language of the Tenth Amendment to significantly weaken the power of the government to regulate private enterprise. He paints a doom-and-gloom picture of what’s stake here:

Disunion would be triumphant. The final victory of movement conservatism would be a return to Gilded Age economics tied to a rebooted Confederate States of America.

Mr. Madison saw it coming. All of it. The mercantile power arrayed against political democracy. Politicians who become servants of the money power and not the people who elected them, and opportunists who would take advantage of these conflicts for their own benefits.

As Pierce, channeling James Madison, espouses, this intentional division is like an illness that could prove fatal if there is no intervention to treat it. Consider the cockles of my heart duly unwarmed.

Going back to Robert Reich’s sense of dread, what starts with an “innocent” balanced budget amendment—which he describes as “crazy” and Pierce describes as “The Worst Idea in American Politics”—could open the floodgates to a wave of additional regressive reforms, including restricting abortion rights, eliminating First Amendment protections for freedom of the press and freedom of speech, standing in the way of marriage equality for members of the LGBTQIA+ community, and eating away at the very checks and balances designed in our nation’s formative years. It wouldn’t only set us back, but noting the big money of the Kochs et al. behind this particular movement, it’s patently undemocratic.

It should be pointed out that conservatives aren’t the only ones calling for a constitutional convention; one group, Wolf PAC, supports an Article V convention as a means of aiming to institute campaign finance reform. Critics of circumventing the “standard” approach to effecting constitutional change, from whichever direction you approach a constitutional convention, though, see this process as an exercise in recklessness.

One such critic, David A. Super, professor of law at Georgetown Law, pans not only calls for an Article V convention, but theoretical constraints offered by the Convention of the States Project for states to undertake in the event their delegates go rogue. In a piece for The Hill published back in March, Super spelled out three big reasons why calls for these laws amount to little more than a “sham.”

For one, the Constitution says nothing that would give the states power to control its delegates “any more than state legislatures can control their states’ Members of Congress.” These delegates would, in effect, become federal officials who get their authority from Article V. Second, state courts would have no jurisdiction to meddle in a constitutional convention, and Congress would possess no ability to oust delegates either. Additionally, the timetable for ratification of laws to restrict delegates would likely be too short to have meaning given that delegates to the convention could finish their business and vote before anything is passed.

The prevailing sentiment of Pierce, Reich, Super, and others thus appears to be that the United States, divided enough as it is given the current political climate, doesn’t need to encourage any additional disunion. Especially not when, as some tallies have suggested, there are 28 states of the necessary 34 willing to convene an Article V convention.

Noting our closeness to the two-thirds target majority—however accurate it may be—their tone is one of urgency, and one that has the mindset of statehouses at heart. Super warns state legislatures not to “delude themselves that the dangers of an Article V convention can somehow be contained.” Reich appeals to his readers’ sense of activism and justice in instructing them to “tell their state lawmakers to reject calls for an Article V convention.” Pierce speaks only in ominous terms, but we get his drift. These professionals/experts caution strongly against plunging America into uncharted waters when the ship already may be leaking as it is.


As expressed in the opening paragraph of this piece and to be underscored once more, when it comes to a proposal like a constitutional convention, it’s important to know who is doing the asking and why they are asking. If you follow The Hill, you may have more recently seen this piece by Lindsey Stroud espousing the belief that this Constitution Day (which was Sept. 17), states should “finally unwrap the gift of Article V.” In the piece, Stroud points to our “mind-boggling” national debt, “unfounded” fears of a runaway convention, and holding a “tyrannical” federal government accountable.

What you don’t know unless you read the fine print is that Stroud is affiliated with the Heartland Institute, characterized on the namesake Wikipedia page as “an American conservative and libertarian public policy think tank.” This same Heartland Institute, in its advocacy for free-market policies, argues against the very existence climate change, questions the links between smoking and cancer, pushes for the privatization of public resources including those of public schools, and opposes an expanded federal role in health care. I’m not saying the views Stroud puts forth are necessarily wrong because of this agenda. Still, you’ve heard what other “experts” have to say and if the stance of a pro-tobacco, anti-environmental think tank doesn’t give you pause, you might need to question your own judgment.

What makes the prospects of an Article V constitutional convention so alluring is disillusionment on both sides of the political aisle with respect to various institutions. Especially if you’re a leftist, you’re probably thinking the current President sucks, Congress is feckless, and the Supreme Court has been compromised with the addition of not one but two illegitimate picks in Neil Gorsuch and Brett Kavanaugh. Particularly Kavanaugh. On top of this, there’s all this money—so-called “dark money” or otherwise—being regularly infused into political campaigns and lobbying. Cue the (deserved) mentions about Citizens United. These elements of the American political system not only seem broken but far from being fixed and maybe even on the path to ruin. Why not try an end-around to institute meaningful reform?

Then again, the road to Hell is paved with good intentions, and the Devil is in the detail. I’m mixing my metaphors a bit, but the point (other than that there are a lot of sayings involving Hell and the Devil) is that yes, action is needed beyond merely talking about our broken system, but that it’s also critically important to go about it the right way.

I would argue that rather than focusing on trying to get a two-thirds majority of states to agree to convene to change the Constitution, we should continue to make efforts to improve voter turnout and eliminate barriers to voting predicated on partisan attempts at voter disenfranchisement. We should also continue to exert pressure on our current lawmakers, encourage political parties to produce better candidates, and run for office if we’re not satisfied with what party leaders come up with. Sure, we can consider incorporating the language of some of these constitutional convention resolutions in state law proposals. But encouraging an unfamiliar process as anything more than a last-ditch effort seems imprudent. Despite our frustration and the notion it’s going to be a long process, people-powered reform is the way to go.

At the risk of beating a proverbial dead horse (there are also a lot of horse-related sayings), appropriate weight should be afforded questions about who proposes an Article V constitutional convention, why, and what the consequences stand to be. As bad as things are now, they could get worse.

The Koch Brothers Are “All In” for 2018

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In a movie about the Koch Brothers, David Koch would be played Sir Michael Caine. (Photo Credit: AP Photo/Phelan M. Ebenhack)

Money in politics. Whether you’re a concerned citizen on the right or left, a majority of Americans seems to agree that the influence of moneyed interests on the workings of Congress and on the determination of elections up and down the card is a problem in this country. Perhaps most egregious—though that could just be the nefarious nomenclature talking—is so-called “dark money,” or money spent by politically active nonprofits that, owing to their structure, do not have to disclose the sources of their funds, and thus can essentially receive unlimited amounts from corporate, individual, or union benefactors. As a brief primer on dark money on opensecrets.org explains, in theory, the extent of these nonprofits’ political activities is supposed to be proscribed, but the IRS, whether because it has been hampered by cuts to its funding or because it hasn’t made enforcement a priority, has done little to enforce any limits. Accordingly, spending by these groups has been on the rise in recent election cycles. The amounts are not insignificant either—we’re talking tens of millions, if not hundreds of millions, of dollars in all. Dark money, ahem, casts a long shadow on American politics.

It is with this backdrop in place that we delve into recent reports that Americans for Prosperity, a political network backed by the Koch Brothers, is planning to spend upwards of $400 million in 2018 alone to help try to advance conservative policies. As Kathryn Watson reports for CBS News, “friends” of the network are optimistic about the prospects of conservative candidates in the 2018 midterms after what they deem to be successes in reforms at the Department of Veterans Affairs concerning loosened restrictions on the ability of veterans to seek health care outside the sphere of government, as well as the more recent tax cut authored by Republican leaders, not to mention the addition of conservative Neil Gorsuch to the Supreme Court. Watson underscores the notion that these fundraising efforts are to be made with anticipated difficulties come November. For one, history dictates that the party in the White House doesn’t tend to do well in midterm elections. In addition, polling cited in Watson’s piece has Democrats beating Republicans by an average of about eight percentage points. And then there’s recent Democratic Party successes in Alabama, New Jersey, and Virginia. And then there’s the ever-popular Donald Trump (sarcasm intended).

And yet, spend these Koch Brothers-affiliated political organizations will, including some $20 million on trying to sell the public on the idea that the tax cut passed in late December of last year isn’t, you know, a flaming pile of horse manure. Plus, while the Koch Brothers did not personally spend anything on the 2016 presidential election—maybe because they were as disappointed in the final list of candidates as many of us were, though I could just be projecting—as Watson also indicates, they have apparently warmed to the idea of working with the Trump administration, and “want to protect what they consider significant accomplishments in the administration, and work to further them.” For the record, I wasn’t aware the Trump administration had any significant achievements thus far, but if the Kochs and Co. can find them, more power to them.

With this news about the Koch network pushing its proverbial chips to the center of the table to protect Republican interests (and majorities), it’s not long before the Democrats really start sounding the alarm on the need to counteract the planned record spending on the 2018 midterms. Of course, this means that the Dems will be doing so with one hand on the crank to the air-raid siren and the other pointing directly at your wallet or purse. Not-for-profit organizations, political or not, need to solicit money to operate—this is an unavoidable truth of our world. At the same time, though, who prospective donations will be funding—that is, how the party arrives at its eventual nominee in key races—is significant.

Going back to Kathryn Watson’s article, on the GOP side, the Koch Brothers, Americans for Prosperity, and their ilk have not specified what they’d be looking for in candidates to back, but whether erring on the side of economic or social conservatism, it seems pretty safe to assume they’d be erring; the only thing mentioned within the span of the piece is that Koch Family network leaders issued a statement expressing vague support for President Trump’s path to citizenship for young immigrants, but not without concern for ending “chain migration.” “Concern” is an understatement. As the Baltimore Sun and other critics of Donald Trump’s recently-unveiled immigration plan insist, aside from the requirement of a border wall in exchange for protection for Dreamers being an absurdity, curtailing practices like chain migration and the diversity visa lottery not only distorts the facts on the numbers of foreign nationals who come to the United States in this way, but risks putting the country at a serious disadvantage by communicating an inhospitable attitude toward all immigrants, and depriving the nation of needed entrepreneurship, innovation, and vitality given an aging workforce. To be sure, these arguments can be extrapolated to the immigration discussion as a whole, but here, they are particularly relevant.

What about the Democrats, though? Should they stick to their guns and ride it out with their preferred centrist strategy, banking on history, polling, and Republican retirements to reclaim electoral momentum this year? Numerous outside observers would respond in the negative, and would rather see the Dems “go left to be right.” Sophia Tesfaye, deputy politics editor for Salon, indicates as much in her own reaction piece to the recent news regarding Koch-backed plans to boost spending by some 60% relative to 2016, and relates the additional number-crunching in terms of seats in Congress that explains why Republican donors plan to invest so heavily in the 2018 midterms. Tim Phillips, president of Americans for Prosperity, for one, believes 80 seats will be competitive this fall. Meanwhile, as Tesfaye explains, Democrats only need to net 24 seats in November to reclaim a majority in the House, and with some 16 Republicans set to retire and make their vacant seats liable to flip in favor of the Dems, as identified by the Kochs—and this is before Rodney Frelinghuysen from my home state made his own announcement about retirement—this leaves little margin for error, so to speak, for GOP leadership re the midterms. Tesfaye also cites the same “generic ballot” polling which suggests a decided overall advantage for Democrats over Republicans in hypothetical matchups between the two major parties, with the former enjoying an even more decided advantage among women. Based on this, 2018 could see the same “blue wave” experienced with the 2006 midterms during George W. Bush’s tenure.

Obviously, the above presents the Democratic Party with a rare opportunity. What is less obvious, Tesfaye argues, is that it also provides the Dems with a real chance to institute the kind of reforms that Bernie Sanders et al. would argue the party needs to make if it is going to compete with the Republican Party and thrive over the long term. From the article:

It’s clearly rough out there for Republicans in the House of Representatives, but what may be less obvious is how that provides a prime opportunity for progressives who want to push Democrats to the left. While five of the first six Republicans to quit during this term did so to accept jobs in President Trump’s administration, Democrats’ attempt to regain a House majority relies on a number of high-profile Republicans’ planned retirements. Freeing the field of an incumbent advantage allows not only a chance for Democrats to compete in the general election, but also an opportunity to nominate candidates who more accurately represent the most motivated Democratic voters.

Take, for instance, the seat vacated by veteran Rep. Darrell Issa, R-Calif., in the coastal suburbs of San Diego. Democrat Doug Applegate came within 2,000 votes of unseating Congress’ wealthiest member in 2016, as Hillary Clinton won the district by more than seven points. In 2012, Mitt Romney beat Barack Obama by that same margin in the district. With Issa’s retirement, Applegate, a retired Marine colonel, is being challenged by progressive clean energy professional Mike Levin. Both Democrats are campaigning on a decidedly progressive “Medicare-for-all” platform.

In invoking the idea of primary challenges, it’s worth talking about whether primary challenges in the abstract are an important part of the political process and to selecting a congressional, presidential, or other candidate, or whether a competitive race in advance of the general election does more harm than good. Speaking of Bernie Sanders and his bid to secure the Democratic Party presidential nomination for the 2016 election, if you ask staunch Hillary Clinton supporters, Sanders not only hurt her prospects of winning the whole shebang, but did lasting damage to the Democratic Party infrastructure in holding on as long as he did. If you ask Bernie’s faithful, meanwhile, as well as any number of independent commentators, the surprisingly and robustly competitive challenge he offered made Clinton a better candidate, and did well to engage younger voters who otherwise might not have been engaged or were simply disenfranchised with the politics of the moment, especially coming down from the highs of Barack Obama and “YES WE CAN!” Sophia Tesfaye, too, evidently sees merit in holding more than mere walkovers to the general election. Continuing with the sentiments about the opportunity developing before the Dems’ eyes, she writes:

Throw out the conventional wisdom that contested primaries hurt a party’s chances in the general election (which was likely never true anyway). A competitive Democratic primary could get more people involved in the process, boosting turnout in November’s general election. Look to Virginia’s gubernatorial election in 2017 for the clearest example of how that might play out in the Democrats’ favor. Some Democrats feared that a primary challenge by progressive Tom Perriello in the Virginia race could fatally wound establishment favorite Ralph Northam, but the intra-party competition led to increased media coverage and intense voter interest. After beating Perriello in the primary, Northam went on to trounce Republican Ed Gillespie by nine points in an election most observers expected to be neck and neck.

In midterms, low voter turnout makes the size of the Republican base in many purple-to-red districts appear much larger than it actually is. Coupled with egregious gerrymandering meant to dilute the influence of the Democratic base and rampant voter suppression, midterms and other non-presidential elections have helped Republicans build what can seem an impregnable political power base.

More coverage. More interest. Bigger turnout. As Tesfaye frames this viewpoint, low turnout—whether as a result of apathy, active interference, or both—tends to benefit Republican candidates. It certainly benefited Donald Trump, who seemed to stun his own damn self by winning the 2016 election. In elections at the state level, where turnout is more likely to be subdued (“Wait, who’s running for governor again?”), anything that could help boost the profile of a candidate—particularly in a race that’s expected to be as close as Northam vs. Gillespie was—could be a difference maker. Besides, as some might argue, if a candidate can’t survive a tough primary, he or she may not be a great candidate for the general election outright.

As Tesfaye insists, however—and as I’d be keen to agree with—this moment beckons more than the Democrats simply embracing authentic primary challenges for its nominations in 2018 and beyond. It’s about the Democratic Party embracing an authentically progressive direction now and in the future. Or as she puts it, “A blue wave is coming. Electing more moderate, poll-driven, ‘blue dog’ Democrats to ride that wave would be a grave mistake.” For a party prone to repeating its mistakes, though, there is every worry they will do just that.


In an era of escalating political expenditures, the need for organized fundraising networks is a clear and present concern. At the same time, meanwhile, it distracts us or takes away from two separate conversations we could or perhaps should be having. The first is the viability of the two-party system—I myself voted neither for Donald Trump nor Hillary Clinton in 2016. As Americans become increasingly frustrated with the direction of the two major political parties, public opinion would suggest that we should be seeing more people coming out to support the Green Party, Libertarian Party, and independent voting options. And yet, owing to their dissatisfaction, the preferred option for so many eligible voters seems to be to stay home. This, to me, is a travesty, exacerbated by the notion relief from the indifference of the Democratic and Republican Parties to change seems slow in coming, as well as the idea leading and organizing a legitimate challenge to the two-party system is a tremendous effort. It’s why Bernie Sanders has thus far eschewed invitations to run as a Green Party representative or to spearhead the creation of a “People’s Party” in favor of trying to instill reform within the Democratic Party. As admirable as the cause is, it’s a long-term project, to be sure.

The second conversation that could or should be happening goes back to the idea that started this piece: money in politics. As long as not-for-profit entities are allowed to skirt restrictions on the scope of their political activities and are not required to be more transparent about where and from whom they get their donations, and as long as many politicians and government officials allow themselves to be beholden to the whims of leaders of industry and other wealthy patrons, our system as is will be little more than a mockery of the concept of a truly representative democracy. As Sophia Tesfaye alluded to in her piece, the skewing of legislative districts along demographic lines or otherwise done so for an express political advantage—Tesfaye points to Republican gerrymandering as a deleterious force but both parties have been guilty of this practice—is part of the problem, and the precedent created by the Supreme Court’s ruling in Citizens United v. FEC which allows, under the First Amendment, for-profit organizations, not-for-profit organizations, labor unions, and other associations to make independent expenditures essentially unrestricted by the government, is also a big bone of contention for liberals and conservatives alike. When someone like Sen. Sanders is able to generate more donations than someone entrenched in big-money Washington politics like Hillary Clinton in a given month, it’s both commendable and inspiring, but heretofore, it’s the outlier more than the norm, and even then, Bernie was fighting an uphill battle against the Democratic Party establishment in the primaries.

These are significant problems that the United States of America faces, and not to blame the activists that are doing great work on the behalf of so many important issues, but the fragmented nature of their efforts doesn’t seem to help counteract the way those with more money and clout are able to afford more political influence up and down party slates in our country today. Black Lives Matter, #MeToo, those who advocate on behalf of Dreamers, Native Americans, and Mother freaking Earth—all are causes related to challenging the patriarchal hegemony of moneyed, profit-seeking whites over the working class, the poor, minorities, and every intersection therein. Accordingly, the solution is a complex one, but to be sure, it involves a concerted effort on the part of the everyday Americans, including direct involvement in the political process, even from those who would appear to lack the interest in politics or don’t see themselves as the political “type.” Thus, whether you believe that “love trumps hate” or merely that true grassroots organizing and fundraising can overcome the cash that wealthy executives can throw endlessly at political races, and even in the face of despair that individuals like Donald Trump are running amok in Washington, we must act and stand together. The Koch Brothers are all in for 2018. What are you doing to do about it?

Follow the Money: Presidential Election Edition

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As Lester Freamon himself put it, “You start to follow the money, and you don’t know where the f**k it’s gonna take you.” (Image Source: HBO)

Concerning television dramas to come out in the last 20 years or so, there is always room for debate with respect to which series is #1. If we measure purely by IMDb rating, the tie at the top goes to Band of Brothers and Planet Earth. If we go by pure popularity, and consider the breadth of a program’s fan base as well as the scope of the content itself, Game of Thrones and The Walking Dead might also be in the mix. Meanwhile, if we focus on character-driven dramas and the darkness within each of us as represented by its leading figures, Breaking Bad and The Sopranos might top many people’s lists. For my part, though, the show that received due critical acclaim in its initial run and backed it up most consistently with tightly constructed character-driven stories, while still giving due weight to the big-picture issues that color the world in which the various individuals integral to the plot find themselves, is The Wire. Like a number of fans, I did not really appreciate David Simon’s highly-regarded ode to the city of Baltimore until after the fact, but retrospectively, the series continues to resonate with me and illuminate the kinds of conflicts we still see within communities and on a larger scale today.

In Season One of The Wire, the primary focus is on the intersection between the Baltimore police and the drug dealers of the city’s streets. In investigating Avon Barksdale’s outfit, members of a task force known as the Major Crimes Unit begin to find that pursuing one of Baltimore’s most powerful gangs is more dangerous and bigger than they might have otherwise anticipated. Not only do bodies quickly pile up in the course of the Barksdale crew’s affairs, but so too do apparent connections, through allocations of cash and real estate, to prominent businessmen and politicians. Lester Freamon, a forgotten man within the Baltimore PD ranks for running afoul of a higher-up once upon a time, through his instincts and investigative savvy, begins to make himself into a valued member of the Major Crimes Unit. As he explains the connection between crime, money and power, “You follow drugs, you get drug addicts and drug dealers. But you start to follow the money, and you don’t know where the f**k it’s gonna take you.”

Follow the money. It’s the very refrain heard in All the President’s Men, the 1976 film based on the nonfiction work of the same name. The book, written by Washington Post reporters Carl Bernstein and Bob Woodward, chronicles their investigation of the Watergate scandal all the way through the revelation of the existence of the Nixon tapes. The phrase “follow the money” does not actually appear in Bernstein and Woodward’s book, and appears to be a device of the screenplay penned by William Goldman. It comes in a clandestine meeting in a parking garage between Bob Woodward (Robert Redford) and his confidential government source, known only as “Deep Throat” (Hal Holbrook). The latter only offers so much help to Woodward, speaking guardedly and cryptically in his comments, but urges him to follow the money, saying this about what potentially could be found down the proverbial rabbit hole: “Forget the myths the media’s created about the White House. The truth is: these are not very bright guys, and things got out of hand.”

Follow the money. The more one repeats it, the more it sounds like a rallying cry of sorts. The events of The Wire may be fictional, but as a show rooted in realism, we can appreciate the plausibility of the widespread illegality for the subjects of the investigation and of the plot’s development—black or white, rich or poor, those without a badge and those wearing one. The film version of All the President’s Men, though fictionalized, evokes an actual real-world scandal in Watergate. Accordingly, there would appear to be every bit of value to applying this mantra to current events, especially those that involve money and political influence.

Speaking of guys who aren’t very bright, Donald Trump’s business and personal finances have consistently become a point of scrutiny for his critics. Which makes sense, you know, because, besides banning Muslims from entering the United States and building walls to keep out Mexicans who aren’t overrunning our country the way he and his ilk would depict it, this is pretty much his favorite topic of conversation—his considerable wealth and business acumen. Scores of people taking a good, hard look at Trump’s boasts about his net worth have cast aspersions on the veracity of his statements, which is only fair because 1) Donald is running for President of the United States, and thus should be vetted before possibly taking the reins of the top office in the country, and 2) the man lies like a rug. For one, Donald Trump’s claims of philanthropy, notably those concerning his purported donations to organizations supporting American veterans, by many accounts are all talk and no action, with concerns that the Trump Foundation is little more than a slush fund which masquerades as a meritorious charity. Even more than this, however, Trump has been accused of dramatically overstating his personal wealth as an extension of his brand. What certainly does not help the self-professed sole author of The Art of the Deal in his assertions is that his own assessments of his net worth over the years have proven amorphous and variable.

Much of the confusion surrounding what, if anything, Donald Trump has donated to veterans’ charities, how exactly his income factors into his net worth, whether or not he has business ties to Russian interests, whether or not he actually pays taxes owing to loopholes and other breaks, and other pertinent questions involving his finances, could be spelled out or at least made clearer if the man were to release his tax returns. It’s not as if this is an odd request either, as most GOP nominees since the 1970s have honored this tradition. Trump, however, has flatly refused to acquiesce on this point, and even semi-famously quipped that his tax rate is “none of your business.” The absence of the information from those returns has lent itself to rampant speculation as to why the Republican Party nominee has ducked and dodged the repeated calls to show his tax records. Some think it’s because his effective tax rate is zero, a reality which would fly in the face of the image he is trying to cultivate as the voice of the little guy, or a “blue-collar billionaire,” as some have stupidly tried to call him. Some believe it’s because of those alleged business ties to Russia, which also conflicts with the depiction of Trump as the All-American strongman. “The Donald,” for his part, has also tried to claim that, since he is being audited by the Internal Revenue Service, he can’t oblige with the request for his tax returns. According to the IRS, though, this is complete bullshit, with everyone’s favorite CEO and genius investor Warren Buffett chiming in with the information that he, too, is being audited by the IRS, joking that he’d be perfectly willing to share his returns with Donald Trump.

Why do I believe Trump won’t release his tax returns? I think, worse than anything else from his perspective, it would convey to the rest of Planet Earth that he doesn’t have as much money as he says he does. The essence of Donald Trump is style over substance, the projection of success to any and all who will listen. For anyone to even suggest that he is not everything he claims to be, the situation is liable to end up with a lawsuit against that detractor, as well as censure and ridicule on Twitter from thin-skinned man-baby Trump himself. When Donald Trump was roasted by Comedy Central, pretty much everything was fair game—his business failures, his casinos (also business failures), his hair, his multiple marriages, his privilege, his relationships with models, his (ahem) uncomfortable relationship with his daughter, Ivanka—but anything which alluded to the man not being as rich as he tells the world he is was off-limits. That was the cardinal sin.

For Trump, his presidential run is one big vanity play, as well as an exercise in how easily millions of Americans can be conned into believing he is anything but a blowhard, idiot, racist and fraud. In relation to those supporters who are either unaware of Donald Trump’s business-oriented misdeeds, or actively choose to suppress this knowledge because they enjoy some of his ideas and/or how he’s “not a politician” (though by now, I think he’s had enough practice to be considered one), it is an obvious irony that he labors on calling his political rival “Crooked Hillary.” On the flim-flam operation that is Trump University alone, the Republican Party nominee merits a serious investigation for having his name on an enterprise that appears to have bilked hard-w0rking people putting their faith in his professed business know-how out of serious amounts of money. According to a May article in The New York Times by Michael Barbaro and Steve Eder, citing the testimony of former Trump University managers, the school is “an unscrupulous business that relied on high-pressure sales tactics, employed unqualified instructors, made deceptive claims and exploited vulnerable students willing to pay tens of thousands for Mr. Trump’s insights.” Indeed, though Trump’s name is front and center in this dubious institution, he apparently has had little to do with how it is run, though this certainly does not exonerate him. Lawsuits have been numerous against Trump University, LLC from those who have been victimized by its false promises, including in the state of California, prompting the abhorrent situation of Trump insinuating that Judge Gonzalo Curiel couldn’t be trusted to be impartial in his handling of any case involving him because he is of Mexican descent.

Donald Trump’s history as an executive of questionable integrity and knowledge, however, runs far beyond his farcical “university.” Kurt Eichenwald, in a piece for Newsweek, provides a comprehensive guide on Trump’s ruinous track record in his business dealings. I recommend reading the piece in its entirety to get the full effect, because his failures are just about too numerous to list here. Among his “achievements”: alienating Native American Indians and losing management agreements to rival casino owners; massive personal losses owing to failed real estate partnerships and interest owed to lenders, necessitating financial rescue from Daddy; running casinos in direct competition with one another, effectually cannibalizing a number of them and forcing declarations of bankruptcy; authorizing the failed endeavor of Trump Shuttle; defaulting on all sorts of loans; putting his name on the ill-fated projects Trump Mortgage, GoTrump.com, Trump Vodka, and Trump Steaks; and licensing deals on disastrous Trump properties that have prompted accusations of fraud. In all, Donald Trump owes his fortune and his stature to a combination of his father’s financial support—the likes of which few Americans could ever hope to be able to rely upon—proverbial smoke and mirrors of the Trump myth which have duped countless investors and voters, and when all else fails, litigating the opposition into silent submission.


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If you go to Trump University, you will probably lose a lot of money and gain very little. You might read a book, though, which is likely more than its namesake can say. (Photo Credit: Mario Tama/Getty Images)

Donald Trump’s missteps, characterized by unflappable arrogance, incendiary racist rhetoric, and utter incompetence, should be enough to disqualify him from running a Taco Bell, let alone the country. However, owing to his rich father’s patronage, the provisions of bankruptcy law, an army of lawyers as a safeguard in numerous legal disputes, and America’s obsession with celebrity—alongside, let’s be honest, an almost-historically-weak Republican primary field—Trump finds himself in the championship round, if you will, of the 2016 presidential race. Hillary Clinton, meanwhile, who faced a robust challenge for the Democratic Party nomination from Bernie Sanders, and who has a decided advantage in political experience, the more developed party platform, and—yes, the campaign donation infrastructure—should be poised to obliterate her major-party competitor. Indeed, Clinton currently leads in most polls, despite what Michael Cohen, executive VP of the Trump Foundation and special counsel to “the Donald” might question.

And yet, it is Hillary’s own complicated history with donations and other monies which inspire doubt from a majority of Americans, such that any lead in pre-election surveys Clinton might possess, in spite of Donald Trump’s recent spate of blunders—the likes of which have Michael Moore and others convinced Trump is intentionally throwing the election—feels tenuous, at best. Hillary Clinton and Tim Kaine both recently released their latest tax returns, which would appear to put them leaps and bounds ahead of Donald “The Artless Dodger” Trump. Especially since it shows, at least on the surface, the Clintons as payers of more than their fair share of taxes—recompensing Uncle Sam at an effective rate upwards of 40%. According to their returns, they also give nearly 10% of their adjusted gross income back to charity. Clinton and Kaine—the model of financial transparency!

Whoa—let’s slow it down a bit first. For critics of Hillary’s, especially those who were fervent supporters of Bernie Sanders’ during the primary season, the notion that Bill and Hill made most of their money last year through fees for delivering speeches recalls the controversy over the latter’s speeches to Goldman Sachs that netted HRC several hundreds of thousands of dollars a pop. The Clinton campaign defended their candidate’s acceptance of large sums for her appearances, averring that a) Goldman Sachs and other companies were the ones to offer her that much, so you can’t blame her on that end, and b) that a quid pro quo on matters of policy can’t be assumed from this sort of arrangement. To a certain extent, I agree; in the absence of any proverbial smoking gun, you can’t prove Clinton would necessarily go easy on Wall Street, big banks, and other power players. All the same, despite repeated requests from Sanders himself, Hillary Clinton has patently refused to release the transcripts of her speeches, making it all the more curious what is so g-d good that Goldman et al. would throw all that dough her way. To put it another way, if she has nothing to hide within the contents of those addresses, there’s no reason she should keep them such a guarded secret. After all, she is a paragon of transparency, right?

It’s more than just the speeches, though. The sources of funding for Hillary’s campaign contributions and charitable donations has raised the suspicion of agencies and individuals, regardless of political affiliation. In particular, the workings of the Clinton Foundation and the Hillary Victory Fund have raised concerns about whether or not ethical, moral and even legal considerations were violated by HRC and her surrogates. Clinton’s most die-hard advocates have criticized the attempts of Republican lawmakers and other politicians over the years to knock her and her husband down a peg, and to be sure, any merit to be found in criticism of her handling of matters of foreign policy such as the Benghazi debacle (as far as I’m concerned, Hillary should have been more aware of the deteriorating situation in Libya, or at least its possibility, after the deposition of Muammar Gaddafi) has tended to get lost in her questioning at the hands of Congress, who have made what could be construed as a legitimate inquiry feel more like an unabashed witch hunt.

With respect to potential wrongdoing related to the Clinton Foundation, on the other hand, it is not a partisan team bent on political assassination, but rather the Internal Revenue Service—that same friendly agency supposedly in the midst of auditing Donald Trump—who is leading the investigation. According to State Department E-mails obtained by Judicial Watch as a result of a lawsuit filed by the latter under the Freedom of Information Act, top Clinton Foundation donors were given special consideration, potentially even in the form of government positions, for their contributions, suggesting a “pay-to-play” rewards system was in effect during Hillary Clinton’s tenure as Secretary of State, and at the very least, that Clinton Foundation business and State Department time was intertwined, despite any inherent conflicts of interest. What’s more, key Foundation donors are regarded, shall we say, highly skeptically on an international wavelength, chief among them Gilbert Chagoury, who was convicted in 2000 in Switzerland for money laundering in Nigeria. Essentially, then, it is not outrageous to think the Clinton Foundation, originally conceived by Bill, has become a haven for cronyism and loose ethics/morals. Perhaps this is why, according to the Clinton campaign, the Clinton Foundation will stop accepting corporate and foreign donations—that is, if she wins. To me, though, this sounds like the addict or career criminal saying he or she will quit after one last score or hurrah. Right, Hillary. We’ll believe it when we see it.

And then there’s the Hillary Victory Fund. The fundraising vehicle, which is supposed to be a joint committee comprised by the Clinton campaign, the Democratic National Committee and 32 state party committees that share in the proceeds from donations apparently doesn’t share them all well—at least not in a way that keeps the money in the state committees’ coffers. Per Kenneth Vogel and Isaac Arnsdorf, writing for Politico, as of May 2016, less than 1% of the $61 million generated by the Fund has remained with state fundraising efforts, with roughly 88% of what has been transferred to the states being funneled right on to the DNC. This means the bulk of the money has gone to—surprise!—the Clinton campaign and the Democratic National Committee, which, as we know from the DNC leaks, is basically just another way of saying the Clinton campaign and the Clinton campaign. From the article:

The victory fund has transferred $15.4 million to Clinton’s campaign and $5.7 million to the DNC, which will work closely with Clinton’s campaign if and when she becomes the party’s nominee. And most of the $23.3 million spent directly by the victory fund has gone toward expenses that appear to have directly benefited Clinton’s campaign, including $2.8 million for “salary and overhead” and $8.6 million for web advertising that mostly looks indistinguishable from Clinton campaign ads and that has helped Clinton build a network of small donors who will be critical in a general election expected to cost each side well in excess of $1 billion.

The arrangement has sparked concerns among campaign finance watchdogs and allies of Clinton’s Democratic rival Bernie Sanders. They see it as a circumvention of campaign contribution limits by a national party apparatus intent on doing whatever it takes to help Clinton defeat Sanders during the party’s primary, and then win the White House.

But it is perhaps more notable that the arrangement has prompted concerns among some participating state party officials and their allies. They grumble privately that Clinton is merely using them to subsidize her own operation, while her allies overstate her support for their parties and knock Sanders for not doing enough to help the party.

Though Hillary certainly has since clinched the Democratic Party nomination and now has the full backing of Bernie Sanders in an effort to defeat Donald Trump, once more, in a wry sort of way, we can appreciate the irony; much as Trump calling Clinton “crooked” is a pot-kettle situation, the Clinton campaign attacking Sanders for not being a “true” Democrat and for not doing his part to help Democrats seems more than a bit disingenuous. As with the promise to stop taking foreign and corporate donations if she wins, Hillary Clinton speaking to the need to overturn the ruling of Citizens United v. FEC—when she has been involved in some of the most embarrassingly excessive fundraising events in recent memory—smacks of duplicity. Do as I say, not as I do. Don’t worry—things will magically change once I am Madam President. That Giorgio Armani jacket was totally necessary.

See, here’s the thing. For all of Hillary Clinton’s promises about what she will do if given the keys to the White House, the warning signs are such to give progressives pause. Much ridicule was heaped on the Sanders delegates and other dissenters who made their presence felt at the Democratic National Convention in Philadelphia in July, with the others trying to celebrate Hillary’s coronation more or less treating them as babies and sore losers (recall Sarah Silverman’s “you’re being ridiculous” line), but if this report from the Convention by Nicholas Confessore and Amy Chozick is true to reality, the fears of those objectors may be justified. As Nick and Amy set the scene:

After a wrenching yearlong nominating battle with searing debates over the influence of Wall Street and the ability of ordinary citizens to be heard over the din of dollars changing hands, the party’s moneyed elite returned to the fore this week, undeterred and mostly unabashed.

While protesters marched in the streets and blocked traffic, Democratic donors congregated in a few reserved hotels and shuttled between private receptions with A-list elected officials. If the talk onstage at the Wells Fargo Center was about reducing inequality and breaking down barriers, Center City Philadelphia evoked the world as it still often is: a stratified society with privilege and access determined by wealth.

For someone like Robert Reich who “felt the Bern” but now supports Hillary Clinton, like Bernie, because he believes Donald Trump can’t win the election, this makes him worry that HRC really doesn’t “get it.” What seems to elude Clinton and numerous political analysts about this frustration of the American people with establishment politics and the need to reclaim our democracy from moneyed interests is that this demand for “revolution” and freedom from a rigged system that perpetuates and widens the gap between the super-wealthy and the rest of the country is apt to be more than just a flash in the pan if trends toward increasing inequality continue. Lest Hillary’s winning the nomination be regarded as some sort of mandate of the general public, as Pew Research finds, only 29% of eligible voters participated in either the Democratic or Republican primaries. While it’s possible Clinton could’ve upended Bernie Sanders by an even larger margin with higher turnout, with aspects of the primary process conspiring to act against independents and working people, it’s hard to know who or what truly is indicative of the voting populace.


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A meeting in a dark parking garage with Deep Throat. Which is a scene from All The President’s Men, and quite possibly, one or more extramarital encounters Bill Clinton had while as President. (Image Credit: Warner Bros.)

As someone who supported Bernie Sanders until his campaign was officially kaput, and who supports him now in his quest to help America “take back” democracy, I fully acknowledge that my judgment and opinions are grounded in a certain way of thinking. This notwithstanding, knowing what we know about Donald Trump and Hillary Clinton, that so many people are willing to cast these considerations aside and readily endorse/vote for one of them boggles my mind. With all due respect, I don’t understand either why so many people would readily watch The Real Housewives of [INSERT LOCATION], or would wait in line for hours just to get an iPhone or Shake Shack, just to give you some perspective on my lack thereof.

Still, let’s review. Trump is more or less a celebrity con man who has been directly responsible for scores of business failures, and whose Trump University and countless licensing deals have swindled folks out of their life’s savings. On top of the notion he is a bigot, climate change denier, racist, sexist, xenophobe, and all-around asshole. Clinton, meanwhile, has accepted huge sums of money from corporations and wealthy investors both inside and outside the United States, likely violating election laws and ethics in the process. Not to mention she is/has been the subject of investigations by both the FBI and the IRS, as well as a Special Committee related to Benghazi, such that New Hampshire governor Maggie Hassan, professed Hillary supporter, could not state that her candidate of choice is honest—even when asked directly three times. According to a recent Economist/YouGov poll, only 28% of voters think Hillary Clinton is “honest and trustworthy,” a mere percentage point—less than the survey’s margin of error—higher than Donald Trump’s rating. Meanwhile, on the subject of favorability, per the most recent Gallup polling data, Hillary manages only a 38% Favorable rating—with 57% of respondents rating her Unfavorable—and Trump, worse, at a clip of 32%, with 62% giving him a thumbs-down. (Compare, for example, with Bernie Sanders’ 53%/37% Favorable/Unfavorable split, or even John Kasich’s 37%/28% approval/disapproval level). Shouldn’t we like our candidates more than we dislike them? Or, at the very least, shouldn’t we be able to trust either of them?

Not long ago, I discussed the leaked DNC E-mails, which show collusion among the DNC ranks to work against the Bernie Sanders campaign despite officials’ stated neutrality, with my brother, someone who I consider to be a reasonably intelligent man. I, of course, fumed about the whole situation, and like Bernie, though not surprised, was disappointed by what the leak revealed. My brother, meanwhile, who is pro-Hillary, insinuated that if Debbie Wasserman Schultz and her flunkies believed undermining Sanders and elevating Hillary Clinton was the best way to defeat Donald Trump, maybe they should have done so. And this, this is where I have my gravest concerns regarding the electoral process in the United States today. In our winner-takes-all format, victory at any and all cost seems to be order of the day, with any collateral damage in misappropriating donations or inciting hatred to be swept under the rug for the sake of earning the W. But the process, the journey leading to the destination, matters—or it should, at any rate. Candidates for public office, especially those running for President of the United States, should have to adhere to ethical, legal and moral guidelines. They should have to earn our vote, rather than assuming we’ll “fall in line” and choose either the Democrat or Republican on the ballot. Without this much, for all our bombast about this being the greatest nation in the world and the home of modern democracy, we’re really no better than the lot of “lesser” nations we look down upon.

Follow the money. If you do, you’ll find those politicians who have fallen in love with it will do anything to keep it and make more of it—with little or no regard for the American people and doing the right thing in the process.