On Black Lives Matter, George Floyd, and Challenging Viewpoints

“A riot is the language of the unheard.” That’s Martin Luther King, Jr., folks. (Photo Credit: Rob Bulmahn/Flickr/CC BY 2.0)

Admittedly, I am sometimes reticent about opining on movements like Black Lives Matter and the types of protests set off by George Floyd’s murder at the hands of uniformed police. I feel that black activists should be in the lead on advancing the national conversation on issues relevant to BLM, and moreover, I realize I am not the most educated and certainly not the most qualified to speak on these matters, my experience grounded in middle-class, mostly white suburban life.

All these things considered, and under the premise that “silence is violence,” I feel as though I have to say something, to take a stand. Over the past two weeks, I have had numerous conversations with friends, family, and co-workers regarding the protests and riots that have swept America and have even manifested in other countries where disproportionate brutality against blacks is very real. Some of the responses were illuminating, to say the least, and suggest to me that we need to keep (or, in some cases, start) having uncomfortable conversations about race, class, politics, social issues, and every intersection therein.

The following are some thoughts on topics related to the wave of protests we’ve seen. These thoughts are mine, meaning I take full responsibility for them, though I acknowledge that people with more complete perspectives have helped influence my views as they currently stand.

George Floyd was murdered.

Not killed, murdered. Derek Chauvin had his knee on Floyd’s neck for close to nine minutes, with Floyd indicating at various points that he couldn’t breathe and numerous observers noting that Floyd wasn’t resisting (a common defense of police officers in situations like these which clearly doesn’t apply). Chauvin should’ve gotten at least a second-degree murder charge and the officers accompanying him likewise deserved their aiding and abetting charges for doing nothing while Floyd was being effectively choked to death.

I don’t give a shit about Floyd’s medical or criminal history.

So what if Floyd had underlying health conditions that contributed to his death. So what if he had a criminal record, and no, I don’t know anything about whether he does or doesn’t have one. The man had someone kneeing on his neck for close to nine minutes. That’s why he died.

I also don’t care if he was apprehended for paying with a counterfeit $20 bill. If Dylann Roof can shoot up a church in a racially-motivated attack and walk away with his life, it’s ridiculous to invoke Floyd’s reason for apprehension. George Floyd shouldn’t have died as a result of that encounter, full stop.

There’s no way Amy Klobuchar should be considered as a vice presidential nominee.

I feel like this goes without saying now, and even before the revelation she failed to hold Chauvin accountable for his role in prior incidents as Hennepin County attorney, Klobuchar was arguably a weak pick given her poor standing with voters of color and the idea that she wouldn’t have much to offer in the way of policy ideas to buttress a campaign in Joe Biden’s that has been largely devoid of specifics. With what we now know, picking Klobuchar for VP would feel downright suicidal.

Looting is not violence.

I get that people see looting and have strong opinions about it. I mean, who wants to have their things stolen or destroyed? Also, there’s the matter of not all businesses/structures being the same. If the target is, ahem, Target? I’m not very sympathetic. If people are looting a small business, especially a minority-owned business? That’s more deserving of sympathy.

To the extent that some individuals might be using these protests as an excuse to purely wreak havoc, I can’t say I support their actions. That said, looting is still a form of protest against an unjust system, one that has thus far resisted peaceful attempts to promote reform. Furthermore, property can be rebuilt or replaced. Human lives cannot. For this reason, equating looting with police brutality is a false equivalency and anyone wielding this argument in bad faith should be summarily dismissed.

Who has been responsible for most of the violence since these protests began? The police.

In video after video, the scene is set: Protests are peaceful until the cops come or decide to intervene. Whether it’s beating people with batons, pepper spray, rubber bullets, tear gas, or simply going out of their way to push, kick, drag or otherwise physically abuse civilians, uniformed police have frequently been among the worst agitators and perpetrators of violence of anyone involved. Even when there has been provocation, such as throwing bottles or rocks, often there’s a clear disparity of power and resources at work. These officers will be equipped with riot gear and weapons against otherwise unarmed protesters. If it comes down to it, that’s not a fair fight, and it’s not even close.

In one particularly egregious example, Aaron Torgalski, a member of Buffalo’s police department, intentionally knocked a 75-year-old man to the ground, whereupon he hit his head and started bleeding profusely. Not only did most officers not immediately rush to help the man, however, but some officers either walked past him or seemed to barely notice him lying motionless on the ground. To make matters worse, Buffalo PD tried to claim the man tripped and fell, when video evidence clearly indicates otherwise.

At this writing, the victim (who was white, not that it should matter, but just in case you were thinking this was purely about race) is thankfully stable but in serious condition. Regardless, this kind of unprovoked attack is reprehensible. It should be noted too that protesters aren’t the only ones who have felt the wrath of police brutality in the aftermath of George Floyd’s murder. Numerous journalists have been arrested, beaten, shot at, or otherwise intimidated by police despite clearly identifying themselves by their profession.

In one instance, CNN correspondent Omar Jimenez was arrested on live television by Minnesota state police. Sure, there were apologies following this incident, but it’s absurd that it even happened in the first place, and journalists shouldn’t have to be afraid of doing their job. These examples of police violence against journalists are part of a disturbing global trend of increased violence against journalists. So much for the constitutional guarantee of a free press.

No, Senator Cotton, don’t send in the troops

That President Donald Trump would seek to invoke the Insurrection Act to send the military to states and quell protests unsolicited is enough to give one pause. That he would be echoed by sitting members of Congress, meanwhile, is unconscionable.

Sen. Tom Cotton of Arkansas, who indicated on Twitter earlier in the week that he would support offering “no quarter” to rioters (which, to be clear, is considered a war crime), penned an editorial titled “Send in the Troops,” which ran in The New York Times Opinion section on June 3. That the Times would even run this piece railing against antifa and “insurrectionists,” let alone have its inclusion later defended by editorial page editor James Bennet, has prompted a sizable backlash from the public and staff alike, notably for its potential to put black people in danger.

Cotton’s editorial, which the Times eventually said in a statement did not meet the publication’s standards for editorials, has been labeled as “fascist” by several critics. Whatever you call it, Cotton should never have written it and The New York Times should never have published it. Shameful.

Antifa is not a terrorist organization

It’s not even a real “organization,” lacking formal leadership. Either way, anti-fascists haven’t been responsible for any killings here in the United States. Police forces, on the other hand, obviously have.

The “outside agitator” narrative is BS

One last thing: Claims that “outside agitators” were responsible for destruction and looting in various cities have long been used to undermine protest movements and were cautioned against by Martin Luther King, Jr.

They discredit the ability of protesters to organize effectively, they distract from the central issue of police brutality, they downplay the spiritual connection of these protests, they are designed to make protesters’ cause look unsympathetic, and on top of all this, they can be used to justify violence against protesters because they communicate the sense that these are not our fellow constituents who are being beaten and harassed. You are advised to regard this narrative with skepticism, especially if the source appears suspect on this issue.


As always with mass protests like these, the question of what to do next is a pressing one. To act like we haven’t tried to formulate answers prior to George Floyd’s death, though, obscures the efforts of activists to design and implement interventions meant to reduce deadly police violence. As part of Campaign Zero, a campaign created in the wake of Ferguson protests after Michael Brown’s killing designed to end police violence, its organizers have outlined eight ways police forces can modify their use of force policies to produce better outcomes.

The Police Use of Force Project prescribes actions to be taken against these failings of forces around the country:

  1. Failing to require officers to de-escalate situations.
  2. Allowing officers to choke or strangle civilians.
  3. Failing to require officers to intervene and stop excessive force.
  4. Failing to restrict officers from shooting at moving vehicles.
  5. Failing to develop a Force Continuum (which limits the types of force and weapons that are used in situational responses).
  6. Failing to require officers to exhaust all other reasonable means (before deadly force).
  7. Failing to require officers to give a verbal warning (before firing).
  8. Failing to require officers to report each time they use force or threaten the use of force (on civilians).

A review of 91 of the 100 largest cities in the United States revealed no police departments of those surveyed employing all eight interventions. Fewer than half required officers to de-escalate situations (#1), outlawed the use of chokeholds/strangleholds (#2), required officers to intervene to stop another officer from using excessive force (#3), restricted officers from shooting at moving vehicles (#4), required exhaustion of means before deadly force (#6), or reported all uses of force including threatening a civilian with a firearm (#8). Minneapolis, in theory, requires officers to intervene in cases of excessive force. Until very recently, it did not ban choking or strangling civilians. Whatever the rules at the time, on both counts, the officers culpable in George Floyd’s death failed their duties, demonstrating the notion guidelines must not only be created, but enforced.

As noted, restricting the use of force is just one part of Campaign Zero’s agenda, which also involves ending “broken windows” policing, community oversight and representation, independent investigation/prosecution, expanded use of body cams, training, an end of for-profit policing, demilitarization of police forces, and fair police union contracts. Calls for de-funding, if not abolishing police forces, have been widespread. In light of the short shrift community social programs seem to suffer in so many cities at the expense of soaring police budgets, the former, at least, seems overdue.

These are common-sense reforms. As protests continue across America, what is vital in preserving momentum for enacting real change is having the uncomfortable conversations we need to have and should’ve been having with those around us who don’t approach these matters from a progressive bent and who conceivably might be allies in the struggle to recognize that black lives matter. We can’t keep refusing to talk about politics and social issues because it is awkward or upsetting. We have to rip off the proverbial bandages and examine the deep wounds in our society for what they are if we ever hope to heal as one people.

George Floyd’s killer and his accessories have been charged. The winds of social change are blowing. Long after these riots and protests subside, however, and outside the scope of ending police brutality, there is much more work to be done to address systemic racism in our world and widening income and wealth equality that threaten to swallow the lot of us whole. This includes stepping outside our bubbles and challenging the views of those not yet committed to a better future for all.

We all have a part to play in this. Whose side on are you on?

“A Tale of Two Countries,” Or, the 2019 State of the Union Address

Donald Trump preached unity in the 2019 State of the Union and shared an agenda based on a vision of America. Unfortunately, it’s a vision for an America which doesn’t exist coming from a man who actively divides his constituents. (Photo Credit: Gage Skidmore/Flickr/CC BY-NC 2.0)

President Donald Trump finally got to deliver his State of the Union address with the recent partial government shutdown in the rear-view mirror (although we could totally have another one in the near future if we don’t figure out how to decouple the subject of a border wall from funding federal agencies, so yay?). The good news is the president stopped short of calling for a state of emergency to advance construction of a border wall. The bad news is Trump had a national platform by which to spew his rhetoric at the American people.

Before we get to the veracity of what Trump said or lack thereof, let’s first address what the man spoke about. Trump’s agenda, at least in principle, was devoted to the areas where members of both parties can find consensus. These major topics included promoting fair trade and other policies which help American jobs/workers, rebuilding our infrastructure, reducing the price of health care (including prescription drugs), creating a more modern and secure immigration system, and advancing foreign policy goals that align with American interests.

On the economy, it was jobs, jobs, jobs! Wages are rising! Unemployment is declining! Regulations are going away! Companies are coming back! And it’s all because of me! So let’s stop all these needless investigations into my affairs. You don’t want THE AMERICAN PEOPLE to suffer on account of me, do you? Trump also addressed tariffs and the USMCA, but rather than calling out countries like China for abuse of workers’ rights or currency manipulation or anything like that, he expressed respect for Xi Jinping and instead laid blame at the feet of past leaders and lawmakers. As always, thanks, Obama.

On immigration, well, you probably know the story by now. Immigrants enrich our society in many ways—except when they don’t, taking away jobs, lowering wages, bringing drugs and violent crime, encouraging the trafficking of human beings, and taxing our public services. ICE is a bunch of heroes, gosh darn it! And we need that wall!

On infrastructure, Trump indicated we need both parties to work together and that he is “eager” to work with Congress on new, cutting-edge investments that the country requires to keep pace in a rapidly developing world. That’s it. Not a lot of what these infrastructural improvements would look like or how we’d go about funding them. But, huzzah, infrastructure!

On lowering drug prices/health care, Congress, wouldja put something together already? Sheesh? Also, HIV and AIDS—why are they still a thing? Let’s cut that out. Cancer? You’re next. Really, we need to recognize that all life is precious. Looking at you, Democrats, and your whole insistence on women’s right to choose. #NotMyAbortions

Lastly, on foreign policy, Trump extolled the virtues of our Armed Forces and thus explained why we need to shower them with money on an annual basis. Also, NATO was being very mean to us but now its members are going to spend more on defense. Also also, Russia is being a doo-doo head and that’s why we pulled out of the INF Treaty. Also also also, Kim Jong-un and I are BFFs and we’re going to bring peace to the Korean Peninsula. Also also also also, Guaidó > Maduro and socialism never works. Also 5x, Israel is super cool, the Holocaust was bad, ISIS is defeated, and did I mention we love our troops?

In conclusion, America is awesome and greatness awaits us. So ladies and gents, let’s not screw the pooch on this one and work together. Because if we fail, it will because you all couldn’t figure out how to rise above our differences. #NotMyFault


Depending on your political views, it may not surprise you to know that several of President Trump’s remarks were characterized as either “false” or “misleading” by fact-checkers. Among Trump’s misrepresentations, according to The New York Times:

  • Our economy isn’t growing twice as fast today as when Trump took office, and in fact, American economic growth in 2018 fell short of that of even Greece. Greece!
  • Trump claimed his administration has cut more regulations than any other administration in U.S. history, but according to experts, these rollbacks aren’t at the level of the Carter and Reagan administrations.
  • Job creation during Trump’s tenure isn’t some miraculous, near-impossible feat. It’s roughly on par with the state of affairs during the Obama administration and down from job creation in the 1990s. Also, more people are working in the United States than ever before because more people live here. Unless he wants to take credit for helping populate America too.
  • On immigration, phew, where do we start? El Paso was never one of America’s most dangerous cities. San Diego’s border fencing “did not have a discernible impact” on lower border apprehension rates, according to the Congressional Research Service. In addition, the idea that “large, organized caravans” of migrants are on their way to the U.S. is exaggerated.
  • Not only has the USMCA not been approved by Congress yet, but it might not bring as many manufacturing jobs back to America—or for that matter, the North American continent—as anticipated.
  • On Nicolás Maduro and Venezuela, it’s not so much that Maduro is a socialist as much as he’s a dictator whose rule has been marked by corruption, deficiency in the rule of law, and the circumvention of democracy. But keep parroting conservative talking points.
  • Trump claimed we’d be at war with North Korea if he hadn’t been elected. Bullshit. Especially in the incipient stages of his presidency, Trump notably egged on Kim Jong-un, referring to him as “Little Rocket Man.” Back the trolley up there, Mr. President.
  • On abortion, more misleading remarks. Trump suggested New York’s Reproductive Health Act allows abortions until shortly before birth, but rather, the law permits abortions after 24 weeks in cases where the fetus is not viable or the mother’s health would be imperiled.
  • Trump also invoked Virginia governor Ralph Northam’s comments about discussing abortion with physicians up until birth and end-of-life care in instances where a child wouldn’t live, though Trump treated them as tantamount to advocating for babies’ execution after birth. Sadly, Northam’s ongoing controversy involving whether or not he appeared dressed in blackface or a Ku Klux Klan costume in a college yearbook photo was not part of Trump’s deceptive commentary. That’s on you, Ralph, and I wish you would resign already.

The State of the Union address, especially under Pres. Donald Trump, is a bizarre bit of theater. Here is a function outlined in the Constitution and adapted by means of tradition that makes for much pomp and circumstance amid the formal procedures and recognitions which occur within, presided over by a president who consistently flouts convention and other semblances of decorum. The Trump presidency has been one marked by chaos and one which encourages division within the electorate. The very date of the address was postponed by a shutdown characterized by partisan gridlock—which went curiously unmentioned during Trump’s speech—and was a bone of contention between the president and Speaker of the House Nancy Pelosi. To have members of Congress from both parties smiling and clapping for him seems rather jarring.

It’s particularly jarring to witness this spectacle and the parade of “Lenny Skutniks” that presidents trot out in the name of bolstering their credibility (Trump called upon World War II veterans, a minister who had her non-violent drug offense commuted by Trump, another former inmate who sold drugs and has since reformed, the family of victims of a undocumented immigrant’s violence, an immigrant-turned-ICE special agent, a cancer survivor, the father of someone lost in the attack on the USS Cole, a SWAT officer on the scene at last year’s synagogue shooting in Pittsburgh, and a Holocaust survivor) when the Democrats offered an official rebuttal, as is custom.

Stacey Abrams, who came within two percentage points of winning the 2018 Georgia gubernatorial election and might’ve won if not for then-Secretary of State Brian Kemp’s shenanigans, delivered the Dems’ response. She assailed the Republican Party for crafting an immigration plan that tears families apart and puts children in cages, for working to dismantle the Affordable Care Act, for failing to take action on climate change, for rigging elections and judiciaries, and for repeatedly attacking the rights of women, people of color, and the LGBTQ community, among other things. Abrams closed her speech with these thoughts:

Even as I am very disappointed by the president’s approach to our problems—I still don’t want him to fail. But we need him to tell the truth, and to respect his duties and the extraordinary diversity that defines America.

Our progress has always found refuge in the basic instinct of the American experiment—to do right by our people. And with a renewed commitment to social and economic justice, we will create a stronger America, together. Because America wins by fighting for our shared values against all enemies: foreign and domestic. That is who we are—and when we do so, never wavering—the state of our union will always be strong.

Abrams’s sentiments may seem a bit schmaltzy at points, but alongside Trump’s rhetoric since he began his presidential campaign, she is much better equipped to talk about the state of the union and bipartisan solutions than our Commander-in-Chief. And while this message serves an obvious partisan purpose, criticism of Trump’s divisiveness is deserved, notably in light of his numerous falsehoods and distortions.

That’s what makes this all so disorienting. Donald Trump speaks to solving problems which may or may not exist, leaving existing problems unaddressed and creating phantoms where bogeymen are needed. As senator Richard Blumenthal wrote on Twitter, Trump’s State of the Union speech was a “tale of two countries.”

To entertain the absurdities of his presidency with any degree of normalcy, applauding him and dignifying his comments with formality and a primetime audience, is therefore to acknowledge two different speeches: the one that the president gave and the one that Americans actually deserved. It creates a sort of cognitive dissonance that requires some degree of mental gymnastics to try to sort out. Is Trump the uniter and Democrats the dividers? Was it all a farce, his plea for unity and his presidential tone an exercise in cynicism? Or was it just an unofficial rally for his base and potential voters heading into 2020? Does anything he say truly matter? Is this the real life? Is this just fantasy? The questions abound, as do the anxiety, probable headaches, and possible additional Queen references.

I’m not sure what the answer is here, if there is only one. I chose not to watch the live broadcast and to read a transcript, view photos, and watch video clips after the fact. I would’ve liked to see more lawmakers do the same, though I suppose Nancy Pelosi did get in some epic eye-rolls. Maybe we should do away with the whole spectacle altogether.

At least as far as Trump is concerned, he’s already made his true feelings known via social media countless times over. Why bother with the charade when we can just read a written report or his tweets instead? If nothing else, it would save time.

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?