House Speaker Nancy Pelosi’s threat to withhold impeachment articles from the Senate upended the procedures spelled out in the Constitution and threw Capitol Hill into deeper partisan turmoil Thursday.
Republicans balked that the speaker was “afraid” of a Senate trial that is all but assured to acquit President Trump and potentially discredit the House’s party-line impeachment vote.
The day after Mrs. Pelosi’s Democrats impeached Mr. Trump on two counts — the first impeachment in U.S. history to have no bipartisan support — she cut off reporters’ impeachment questions at her weekly press conference.
“No one is above the law and the Constitution is the supreme law of the land. No one is above the law and this president has been held accountable,” the California Democrat said.
She then explained that she did not know when the House would take the next steps in the process of sending the two impeachment articles to the Senate, where the Constitution dictates the impeached president will stand trial and face removal from office.
The Constitution requires that the Senate “shall have the sole power to try all impeachments.”
And yet Mrs. Pelosi said the House would not name the impeachment managers who argue the case in the Senate or send the articles over until she was satisfied that the Republican-run upper chamber would conduct what she called “a fair trial.”
Asked about Republican complaints that she was “playing games” with impeachment, Mrs. Pelosibecome adamant.
“I was not prepared to put the managers in that bill yet because we don’t know the arena that we are in. Frankly, I don’t care what the Republicans say,” she told the gathering of reporters before refusing any further impeachment questions.
Other House Democrats, including members of the leadership team, said they were prepared to delay indefinitely the articles of impeachment until Mr. McConnell provided the assurances they want on the trial.
“We would be crazy to walk in there knowing he set up a kangaroo court,” House Majority Whip James E. Clyburn, South Carolina Democrat, told CNN.
Claire Finkelstein, a law professor at the University of Pennsylvania, suggested the House could continue to gather evidence while withholding the articles.
House Democrats could use the time to keep pursuing court action to force testimony from White House Chief of Staff Mick Mulvaney, former National Security Advisor John Bolton and former White House Counsel Don McGahn, she said.
However, the Justice Department immediately filed a court brief arguing that Democrats’ legal battle to compel testimony from Mr. McGahn should be tossed out now that Mr. Trump has been impeached.
“The committee’s primary asserted need for subpoenaing McGahn — his potential testimony related to an obstruction-of-justice impeachment charge — appears to be moot,” Justice Department lawyers wrote.
“They said impeachment was so urgent that it could not even wait for due process but now they’re content to sit on their hands. It is comical,” he said on the chamber floor.
Mr. Trump weighed in by saying Mrs. Pelosi’s gamesmanship was bad for the country.
“Pelosi feels her phony impeachment HOAX is so pathetic she is afraid to present it to the Senate, which can set a date and put this whole SCAM into default if they refuse to show up! The Do Nothings are so bad for our Country!” the president tweeted.
The House impeached Mr. Trump on two counts, abuse of power and obstructing Congress.
The impeachment stemmed from Mr. Trump asking Ukraine for “a favor” in investigating former Vice President Joseph R. Biden and his son Hunter, who is linked to Ukraine energy company in that graft-riddled country.
Mr. Trump is accused of withholding $391 million in military aid from Ukraine and a prized White House visit for the Ukrainian president as leverage to get the investigation announced.
It was unclear how, or even whether, a delay would pressure the Senate to adopt Democrat-friendly procedures for a trial. The move also appeared to run afoul of the Constitution, effectively nullifying the House impeachment vote.
Sen. Ted Cruz, Texas Republican, welcomed Mrs. Pelosi’s delay tactic.
“Her threat to the Senate is: Do exactly what I want or I’m not going to impeach the president, I’m not going to send over the impeachment articles,” he told Fox News. “My attitude is, ‘OK, throw us in that brier patch. Don’t send them. That’s all right. We actually have work to do.’”
Mr. McConnell said the Democrat-run House produced a “shoddy” impeachment work product, rushed through a 12-week impeachment inquiry and refused to go to court to enforce subpoenas for White House documents and testimony by administration officials.
He noted that the impeachment investigations into President Richard Nixon and President Bill Clinton both lasted more than a year.
“Democrats’ own actions concede that their allegations are unproven,” he said.
Mr. McConnell and Senate Minority Leader Charles E. Schumer, New York Democrat, met Thursday to begin negotiating the rules and procedures for the hearing. They were not expected to nail down the details beyond setting a possible start date, but the two men did not get that far and remain at an impasse.
Mr. Schumer has demanded live testimony from witnesses during the trial, saying more evidence should be presented. Republicans refused, saying the standard set in the impeachment trial against Mr. Clinton should be applied to Mr. Trump.
In 1998, the two sides agreed to hear from the House impeachment managers and then from the president’s legal team before deciding whether to call witnesses. Mr. McConnell said the process worked for the Democrats back then, and it should work for Mr. Trump, too.
Josh Blackman, a professor at South Texas College of Law, said there is no requirement as to when the House must transmit the articles of impeachment to the Senate.
“There is no obligation to actually transmit the articles. She would do this to indefinitely wound Trump, and avoid a trial the [Democrats] will lose,” Mr. Blackman said.
Column: The post-WWII order is ending—and nothing has replaced it
Economists at the World Bank and International Monetary Fund must feel pretty lucky these days. They work for just about the only institutions set up in the aftermath of World War II that aren’t in the middle of an identity crisis. From Turtle Bay to Brussels, from Washington to Vienna, the decay of the economic and security infrastructure of the postwar world has accelerated in recent weeks. The bad news: As the legacy of the twentieth century recedes into the past, the only twenty-first century alternatives are offered from an authoritarian surveillance state.
The pressure is both external and internal. Revisionist powers such as China, Russia, Iran, and North Korea undermine the foundations of global governance and hijack institutions to the detriment of the liberal international order. The institutions themselves lack the self-confidence necessary to further the cause of human freedom. Meanwhile, the most powerful nation in the world has turned inward. Its foreign policy is haphazard and improvisational, contradictory and equivocal. The confusion and zigzagging contribute to the erosion of legitimacy. It delays the emergence of new forms of international organization.
The breakdown was visible at last week’s NATO summit in London. Remarkably, the source of the immediate ruckus wasn’t President Trump. It was French president Emmanuel Macron, who doubled down on his criticism of the Atlantic alliance that he’d expressed in a recent interview with the Economist. Trump disagreed with Macron’s description of NATO as “brain dead.” He and other allies didn’t back Macron’s call for rapprochement with Russia and China and renewed focus on terrorism.
Macron wasn’t the only troublemaker. Turkey’s autocratic leader, Recep Tayyip Erdogan, who recently tested his Russian S-400 air defense systems againsthis American F-16s, said he would block a Balkan defense plan unless NATO designates the Kurdish YPG a terrorist group. The summit ended with a leaked video of Macron, Justin Trudeau, Boris Johnson, and Dutch prime minister Mark Rutte sharing a laugh at Trump’s expense. Haughty euro-elites mocking the American president is always an affront, but it is especially counterproductive now when the alliance is under attack from prominent voices within the United States.
When it was founded, NATO was one part of a strategy whose goal was the prevention of another global war. Security guarantees and the forward deployment of conventional forces bound America to Europe and the Europeans to each other. Another part of the strategy led to the EU. It integrates the economies of nations that unleashed the two most devastating conflicts in human history. It was thought that trade relations contribute to peace and nationalities can be submerged under a continent-sized umbrella. What the architects of Europe didn’t anticipate was popular resentment of bureaucratic administration, the imbalances and fiscal consequences of monetary union without political union, and the reassertion of national identity that results from large-scale immigration.
Today the politics of every major European country is a mess. I write these words on the day of a British election that will determine whether the United Kingdom leaves the EU and whether an anti-Semitic socialist lives in 10 Downing Street. Germany flirts with recession, its chancellor is a lame duck, the grand coalition hosts an SPD under far-left leadership, and the largest opposition party is the Alternative for Germany. Macron might want to spend more time on domestic politics: His approval rating is around 30 percent, striking workers have paralyzed France, and 13 French soldiers were killed in Mali.
National populism has transformed Hungary, Poland, and the Czech Republic and plays a significant role in Germany, France, Austria, and Sweden. No longer deputy prime minister of Italy, Matteo Salvini remains the most significant political figure in his country. “Recent opinion polls indicate that if elections were held tomorrow, Mr. Salvini would not only easily become prime minister, but that a coalition of the League, the post-fascist Brothers of Italy and the remainder of Mr. [former prime minister Silvio] Berlusconi’s Forza Italia would command an absolute majority in parliament,” writesMiles Johnson of the Financial Times. The European leaders who fear Salvini are nonetheless ambivalent about the threat posed by Vladimir Putin and by Ayatollah Khamenei. They are happy to advance the Nord Stream 2 and TurkStream pipelines and circumvent U.S. sanctions against Iran.
Frenetic institution building accompanied victory in World War II. The Allies created organizations devoted to international security, diplomacy, health, and economics. The first to go was the Bretton Woods agreement on international finance, which ended when Richard Nixon took America off the gold standard in 1971. The next was the United Nations, which revealed its corruption and domination by dictatorships in its resolution equating Zionism and racism in 1975. The Iraqi nuclear facility at Osirak (fortunately destroyed by the Israeli Air Force in 1981) was evidence that the Non-Proliferation Treaty is only as good as the regimes that sign it. NATO and the EU survived the Cold War and flourished in the two decades after the dissolution of the Soviet Union but both have run up against the limits of expansion. Both have lost sight of their historic function to preserve the peace.
Sometimes changing circumstances render institutions powerless. That is happening to the World Trade Organization. The WTO, endowed in 1995, was built for a unipolar world. When China joined in 2001, its GDP was one-tenth the size of America’s. Now it’s more than half and China has emerged as a military, industrial, and technological rival. But the WTO still designates China as a “developing” country, which entitles it to certain advantages. President Trump’s campaign against this exorbitant privilege reached an impasse December 10, when his administration blockedjudicial appointments to the organization’s dispute-resolution court. It no longer has the capacity to arbitrate. The WTO is toothless. Hollowed out. What will replace it? Nothing has been proposed.
The motive power behind all of these institutions was American commitment. What upheld the structure was our willingness to sustain the costs of international security and global defense of democracy. That engagement began to wane after the Cold War. By 2008 it was practically nonexistent. The president’s disinterest in foreign affairs is a reflection of his countrymen’s. His administration, to its credit, has proposed great power competition as the basis for a renewed American grand strategy. The follow-through has been difficult.
That has left us with entropy. The international scene is filled with decayed institutions and unpalatable choices. On one hand is the status quo. On the other is China’s Belt and Road Initiative and Made in China 2025. “The crisis consists precisely in the fact that the old is dying and the new cannot be born,” wrote philosopher Antonio Gramsci. “In this interregnum, a great variety of morbid symptoms appear.” And no one has a cure.
The Marvel Cinematic Universe made its way to CNN last week. In a meme tweeted out by the Trump campaign, the character Thanos with the face of Donald Trump snaps his fingers and makes Democratic House leadership wisp away in black ashes. The apples and bananas (more bananas) network was aghast, devoting segment after segment to Thanos.
Meanwhile, a report was released that showed the federal government has been lying for decades about the Afghanistan War, but that didn’t get much coverage at all.
The fireworks began with Don Lemon left speechless by the meme on December 10th. Lemon seems genuinely devastated that a president made a joke about a comic book character.
Between December 11th and the 15th, CNN ran an additional four segments on Thanos totaling more than 8 minutes, sharing the segments widely on social media.
A couple of days later on her afternoon show, Brooke Baldwin had on Jim Starlin, the man who created the character of Thanos, to talk about how upset he was that the president had used his creation in the meme. At one point Baldwin, looking as serious as cancer, says to him, “Explain who Thanos is…” Starlin says he is a genocidal maniac, although as Federalist publisher Ben Domenech has pointed out, he could also be a considered a well-intentioned environmentalist who understands the grave dangers of overpopulation.
On the following day, CNN was still discussing this comic book joke, still horrified by it and now reporting about the “backlash” against it, which seems to exist almost entirely in cable newsrooms because no actual people care about it.
On December 9th, the Washington Post published the bombshell Afghanistan Papers showing that the Pentagon under both George W. Bush and Barack Obama consistently and persistently lied about progress in the Afghanistan War. The war has been waged now for 18 years. In the same five-day period CNN was obsessing over a Thanos meme, the outlet made only one oblique mention of the Afghan Papers.
For any legitimate news outlet this would be absolutely insane, but this is CNN we are talking about, so it makes perfect sense. First, the Afghan Papers don’t involve Trump, meaning they aren’t an opening to trash Trump, so why would CNN care about it? Perhaps more importantly, the papers do implicate the administration of CNN’s patron saint Barack Obama, who as we all know didn’t have a single scandal in his time in office and is the only man ever to be exactly six feet tall.
At a CNN event I covered about two months ago, its President Jeff Zucker was interviewed by its media critic Brian Stelter. Here’s what I wrote at the time: “Asked what he thought was the biggest thing CNN does wrong, Zucker had no answer. When Stelter provided one, namely that they use the term ‘Breaking News,’ too often, he begrudgingly agreed, but basically sloughed it off as something everyone does. That is how blameless he envisions the product he creates. The panel finished with Zucker explaining how important it is to the world that CNN be strong.”
I’d like to nominate obsessing over a meme while ignoring a major scandal involving the longest war in American history as something more wrong than using “Breaking News” too much. Once again, CNN has proven to be a quality source for all the news that fits the narrative and none of the news that doesn’t.
Mark Ruffalo may be most famous for his fictional portrayal of Dr. Robert Bruce Banner and his alter ego “The Hulk” in Marvel’s Avengers series, but he has recently been grabbing headlines for other reasons. Last month, Ruffalo made the news by submitting testimony in Congress based on his recent role in a largely fictionalized movie — Dark Waters — that is being portrayed as a “true story.”
While the media, Ruffalo, trial attorneys, and some politicians pretend that Dark Waters is a dramatization of a true story, its marketing materials merely claim it is “inspired by true events.” But it gets so many facts wrong, even that claim is hard to stand by.
Whether the movie is entertaining is a matter of personal preference. But whether the movie is an accurate portrayal of fact is not a matter of opinion. A movie is either factual and accurate, or it is not. The Avengers‘ movies are in my estimation entertaining. But they are not factual and shouldn’t be the basis of congressional action. Neither do we need the Hulk testifying in Congress. Dark Waters is not nearly as entertaining as the Avengers movies, but it is about as factual, so we really don’t need Mark Ruffalo testifying either.
The basic plot line of Dark Waters is that an evil, dark corporation knowingly and purposefully pollutes the water in a local community and an activist heroic trial attorney played by Ruffalo comes to the community’s rescue to force the evil corporation to take responsibility. The thrust of the movie is that corporate greed led to horrible excesses. Yet the movie itself appears to be an exercise in greed and excess. A network of well-financed trial attorneys, political activists and Hollywood nitwits have fabricated a story designed to support their political agenda, encourage ever more litigation, and make their greed appear altruistic and heroic. Trial lawyers and Hollywood shouldn’t be lecturing anyone about greed.
The movie portrays the Ohio River communities in West Virginia and Ohio in ways that promote false “hillbilly” stereotypes of locals being simple-minded and uneducated with rotting teeth. The fact is that the region is a manufacturing powerhouse and has a diverse economy with hundreds of thousands of proud, healthy, hardworking people.
Folks are not merely offended by the portrayals of locals as simpleton hillbillies with blackened and rotting teeth. Local legislators, people who would know the facts, have criticized the movie saying, “The film’s portrayal of Parkersburg does not reflect reality.” But it goes deeper than just that the film isn’t based in fact. Local legislators are concerned that Dark Waters will do “real damage to our economy and the hard-working people of the Mountain State.”
The movie falsely suggests that PFAS chemicals lead to deteriorated oral health and cause cancer. PFAS chemicals are used in firefighting foam and consumer products like non-stick cookware and waterproof clothing. Science does not establish that this is a cancer-causing agent. Nor has it found that it harms teeth. But asserting these things as if they were established fact, does make the movie more dramatic — just like the Hulk’s fictionalized strength makes the Avengers movies better.
Ruffalo’s trial lawyer character claims that “DuPont is knowingly poisoning 70,000 local residents.” This hysterical claim may make for a dramatic scene in a movie, but local leaders doubt its veracity. But it is useful to tell such lies when you’re trying to promote a political agenda and you’re committed to grotesque oversimplification of complex matters in hopes of creating a fact-free political narrative.
The movie is defended as an effort to educate and motivate Americans to take action and as a way to require accountability. But wouldn’t an accurate, fact-based portrayal be a better way to educate? How does one effectively educate with falsehoods?
Ohio River basin locals have asked “that those who profit off of fear-mongering and stereo typing [i.e. Ruffalo and other Hollywood nitwits and trial lawyers] be held accountable.” But that isn’t the sort of accountability that Ruffalo or trial attorney’s support.
No rational human being would suggest using the Avengers movies as the basis for congressional hearings. That’s why Tony Stark, Captain America, and Thor are not invited to testify. But sadly, ignorant Hollywood activists and trial attorneys — who see themselves as more intelligent and altruistic than other Americans — hope to use the mostly fictional Dark Waters movie to advance their fact-free political agenda, and shape and mold a more supportive public.
Hollywood is an entertainment industry. Ruffalo and other Hollywood activists seek to merge their political agendas with entertainment. The outcome is agenda motivated entertainment that creates distorted policy demands based in fantasy and an American public that is less informed and even misinformed because the agenda driven entertainment is such a distorted, largely fictionalized account. This is no way to make public policy.
Over at The Bulwark, Tim Miller more or less pleads for Democrats to start acting like they mean it when they claim President Trump is a unique danger to American values.
He writes: “I have the sneaking suspicion that a lot of Democrats don’t actually view Trump as a unique crisis. Or rather: They don’t view him as being more than a difference in degree from the “emergency-crisis” Republicans always represent. For these Democrats, all of Republican/conservatism has been inevitably leading to Trump and the only difference between Trump and, say, George H.W. Bush, is that Trump says the quiet part out loud.”
If we want a better politics and more effective government, political leaders and activists will need to rediscover the ability to differentiate among their opponents on the other side of the aisle. From the perspective of conservatives, American politics was better when the Democratic Leadership Council was pushing for ideas like welfare reform, charter schools, public school choice, and middle-class tax cuts in that party. From the perspective of liberals, American politics was better when the Republican Main Street Partnership was a more significant force in the GOP, pushing for the most pragmatic options and trying to find policy solutions that wouldn’t freak out soccer moms. While you may want to defeat as many of the opposing party’s candidates as possible in November, you’re probably going to have to work with some of them after the elections. If the Trump presidency offers any lesson for the country, it’s that once everybody’s considered to be as bad as the devil, then nobody is treated like they’re as bad as the devil.
HBO host Bill Maher realized the mistake on the eve of the 2016 election: “I know liberals made a big mistake because we attacked your boy [George W.] Bush like he was the end of the world. And he wasn’t. And Mitt Romney we attacked that way. I gave Obama a million dollars because I was so afraid of Mitt Romney. Mitt Romney wouldn’t have changed my life that much or yours. Or John McCain. They were honorable men who we disagreed with and we should have kept it that way. So we cried wolf and that was wrong. But this is real. This is going to be way different.”
This Democratic presidential primary has been fascinating to watch from the perspective of the Right, because every once in a while, one of the trailing candidates makes a point that leaves conservatives nodding their heads. Tulsi Gabbard acknowledges some moral complexity on the issue of abortion and vents frustration with American overseas military operations that never seem to end satisfactorily, Marianne Williamson warns of an intangible but real crisis in the country’s spiritual health, and Andrew Yang seems like a bright guy who’s thought long and hard about the ramifications of growing automation in our economy. Conservatives are extremely unlikely to vote for those candidates, but you can see room for a productive dialogue. A Republican president who had to work with a Democratic House of Representatives full of Gabbards, Williamsons, and Yangs could probably reach a lot of compromises and productive agreements.
Meanwhile, much more prominent and influential Democratic figures keep acting like once a Democrat is in the White House again, they’ll never need to compromise with Republicans. They keep offering magic wand solutions that ignore every likely obstacle — wrangling a diverse House caucus, getting a filibuster-proof majority in the Senate, injunctions from federal courts, a Supreme Court decision that the idea violates the Constitution.
Today, the Senate Judiciary Committee will hear from the Department of Justice’s Inspector General, Michael Horowitz, on the findings of his FISA report. After providing months of wall to wall impeachment coverage, CNN and MSNBC decided not to air the full hearings with Horowitz.
CNN and MSNBC stopped following the IG hearing after about 30 minutes, and both refused to cover the opening statements by Sen. Lindsey Graham, R-S.C. The decision does not align with the recent live hearing coverage standard both networks have held for the last few months, giving endless air time to the impeachment hearings lead by Rep. Adam Schiff, D-Calif, and Rep. Jerry Nadler.
Media personalities are noticing this unfair balance.
CNN is not taking the Senate Horowitz hearing live. Unbelievable. A perfect example of how bias works. It’s not just what they cover. It’s what they don’t cover.33K10:28 AM – Dec 11, 2019Twitter Ads info and privacy13.9K people are talking about this
CNN and MSNBC refusing to run Senator Lindsey Graham’s opening statement in the Horowitz hearing. The most blatant form of media bias that I have ever seen. RIP, American journalism.37.4K10:39 AM – Dec 11, 2019Twitter Ads info and privacy15.8K people are talking about this
After giving their air time COMPLETELY over to Jerry Nadler and Adam Schiff for the past few weeks, CNN IS NOT AIRING the start of the Senate Judiciary Committee Hearing on Horowitz’s IG report. #StopTheMadness
It’s impossible for CNN to claim they’re *not* a propaganda network after refusing to air the IG report when they aired every second of Nadler, Schiff, and Pelosi pushing for impeachment.
They don’t want their audience to be informed on what’s actually happening.3,77410:43 AM – Dec 11, 2019 · Arlington, VATwitter Ads info and privacy1,801 people are talking about this
Ronna McDaniel, the GOP Chairwoman was also upset over CNN’s omission.
“CNN aired everything Schiff and Nadler had to say. Why aren’t they showing Lindsey Graham? Is it because the facts of how the FBI mistreated Donald Trump contradict their coverage over the last 3 years?” McDaniel tweeted.
CNN aired everything Schiff & Nadler had to say. Why aren’t they showing @LindseyGrahamSC? Is it because the facts of how the FBI mistreated @realDonaldTrump contradict their coverage over the last 3 years? https://twitter.com/SteveGuest/status/1204780316101152768?s=20 …Steve Guest✔@SteveGuestAfter giving their air time COMPLETELY over to Jerry Nadler and Adam Schiff for the past few weeks, CNN IS NOT AIRING the start of the Senate Judiciary Committee Hearing on Horowitz’s IG report. #StopTheMadness11.2K10:38 AM – Dec 11, 2019Twitter Ads info and privacy7,792 people are talking about this
If the IG report proved that the FBI acted perfectly within its boundaries, as the mainstream media claim, then what’s the harm in airing this footage? The truth is, the IG report revealed abuse of power at the highest levels of the FBI and the U.S. intelligence community.
The truth does not fit the CNN and MSNBC agenda, and that is why they refuse to give a platform to it.
The first House Judiciary hearing featured three professors in favor of Trump impeachment, one against. The three anti-Trump witnesses elaborated their definitions of “high crimes and misdemeanors” and all came to the conclusion that Mr. Trump was guilty as charged of the three principal charges advocated by the House Intelligence Committee report on its “investigation”, namely, bribery, obstruction of justice, and abuse of power.
Jonathan Turley, the lone expert opposed to impeachment, advocated caution and against proceeding with the current case because it has no solid evidentiary basis and no bipartisan consensus of wrongdoing – hallmarks of the previous two modern cases of impeachment. As expected, the questioning was conducted along partisan lines.
My own analysis of the testimony is as follows: while the definitions of impeachable offenses and the historical context offered by the pro-impeachment scholars were impressive, their facile acceptance of the hearsay testimony provided by the witnesses in the Intel Committee was alarmingly biased. There was no appreciation of the due process violations or the lack of any first-hand testimony to the President’s alleged behavior.
The argument that the President’s refusal to allow administration officials who had such knowledge to testify in the one-sided Committee setting constitutes obstruction of justice and, by implication, an admission of guilt is a meaningless and circular argument.
As Turley pointed out, conflicts between the two branches of government – in this case the extent of Executive Privilege – are traditionally settled by the third branch of government, the Courts. The Democrats’ reason for not pursuing this course is that it would take too long – so what’s the hurry? The coming election, of course. Another circular argument. Turley’s underlying argument, that this entire episode is the product of rage rather than reason, could not be more accurate.
If there is no direct evidence of the President’s intentions available, that leaves the transcript of the conversation with the Ukrainian President as the chief exhibit. That conversation does indeed contain the American President’s request of the Ukrainian President that he look into the Biden affair of 2014. The issue therefore is how to understand the context of that request.
Given the fact that the military funding for Ukraine had been held up by the administration pending the outcome of their elections, the Dems are claiming that Trump’s “request” was in fact a threat to continue that delay unless the Ukrainian agreed to initiate the Biden investigation. It has been established that the President Zelensky was not aware of this delay at the time of the call. Nor did such an investigation ever take place. And the grant was authorized and took place less than two months later.
The fact that several lower level diplomats didn’t agree with this tactic and were not informed about its goals –and further made up their own unflattering rationale to explain it — does not constitute evidence.
The alternative context for President Trump’s request is that he was aware of the substantial opposition of the previous Ukrainian government toward his election and the involvement of Ukrainian technology in the whole Hillary Clinton episode of the missing 30,000 emails. He apparently felt that this new reform government could possibly uncover some useful information about that issue. The Biden affair was widely reported at the time (2014) and apparently connected to the corruption of the previous Ukrainian government in Trump’s mind.
This interpretation seems more consistent with known facts than the State Department’s “presumption”. However, a fair and balanced investigation might prove otherwise, as Professor Turley asserted. Unfortunately, the Dems don’t have time for that.
Stay tuned while this sad story continues to unfold.
December 7 is a solemn day for the U.S. Navy and in our nation’s history. This year marked the 78th anniversary of the attacks on Pearl Harbor, when our nation entered a World War with a devastated naval fleet. After Pearl Harbor, and facing a grave threat, our country came together to rebuild the fleet, which ultimately helped win the war. And just as it has throughout history, the Navy continues to defy the odds and innovate in order to remain the most powerful force on the world’s seas.
More than ever, we need to build for the future and invest in new technologies that will support our warfighters, maximize value for taxpayer dollars, and maintain our nation’s global competitive edge. Equipping our troops and sailors with the best, most advanced capabilities to defend our national interests should always be our objective.
It is in this spirit that the second Ford-class aircraft carrier, the John F. Kennedy (CVN 79), was christened on December 7. This is a huge step forward for naval aviation technology and for moving the Navy into the 21st century. Following tradition, Caroline Kennedy, the daughter of the ship’s namesake and its sponsor, will break a bottle of American sparkling wine on the carrier’s hull. The ship is a testament to ingenuity and a symbol of American force, but it’s what lies under the hull that truly sets it apart.
The Ford-class carriers are both the most efficient and technologically advanced aircraft carriers ever developed. The Ford-class will save the Navy billions over its lifetime thanks to new technologies and efficiencies. One such technology is the Electromagnetic Aircraft Launch System (EMALS), which is replacing steam catapults on carriers. EMALS is a critical technology leap in modernizing the Fleet to address evolving threats while also meeting the needs of the Navy of the future.
Currently, decades-old steam technology limits the capabilities of our Fleet in terms of which types of aircraft it can launch, and with respect to the integration of future weapons systems. EMALS allows the launch of the full range of aircraft in current and future air wings. Critically, this also includes the ability to launch drones – something our current carriers cannot do, and which could make a life or death difference to troops in harm’s way.
In addition to expanding the types of aircraft that can be launched, EMALS significantly improves the launch rate. With EMALS integrated, the Kennedy and other Ford-class carriers will have a sortie generation rate (the number of aircraft able to be launched per day) improved by a full 33 percent over our existing carriers. In other words, EMALS allows our Navy to launch more aircraft more efficiently.
The new technology on Ford-class carriers isn’t just theoretical. It works. These and other critical new technologies on the Ford-class will help the Navy stay ahead of our competition. As China and Russia continue to invest in their militaries, naval technology is at the forefront of their development. In fact, China is currently in the process of building a carrier using its own electromagnetic aircraft launch technology. We cannot afford to fall behind.
India and France have also shown an interest in these technologies. Adoption of EMALS by our allies will provide greater opportunity for coordination and interoperability between our navies in training exercises, disaster relief, humanitarian aid and military missions.
As we wrap up 2019 by remembering Pearl Harbor and celebrating the christening of the Kennedy, we must also ensure our nation’s leaders remain focused on equipping our military forces with the best technologies and capabilities possible for the years and decades ahead. The costs of not doing so are too great. Instead of trying to keep pace with our adversaries, the focus should be on remaining ahead of the curve and the envy of militaries across the world. Let’s put the future in the hands of the men and women who fight for our freedom every day.
Amid apparently lagging interest in the whole impeachment drama on Capitol Hill, the Democrats leave Washington for the Thanksgiving recess with a serious question to ponder. They have to decide whether to pursue their impeachment strategy toward what looks like a bitter end, or to construct an alternate strategy. It looks increasingly like the practical politicians versus the true believers.
As this column has pointed out, the stakes are very high: almost certainly the control of the House in 2020 and probably the presidency as well. The House is currently split with 233 Democrat seats versus 197 Republican seats (+4 vacancies).
The Republicans need to gain a net 18 seats to resume control. Their prospects seem to depend on re-gaining the 31 so-called “Trump districts”, i.e. seats that Democrats won in 2018 that had voted for Trump in 2016. Historical trends are against the Republicans, since control of the House has flipped during a presidential election only twice (1948 and 1952) since 1900.
The Republicans’ best hope of regaining the House thus focuses on the Trump districts. The trends reported by the current polls seem to indicate that the more the public learns about the Dems’ impeachment efforts, the less popular it is becoming.
This is, of course, contrary to the assumptions made by the leadership that the country, especially the independent voters on whom electoral success depends, would welcome this action and believe the ruinous assaults on the President’s reputation. The desired result was to so discredit him as to render him unelectable in 2020. Success of this strategy would defeat his election with the by-product of guaranteeing the election of the Trump district Democrats.
Instead, it appears that this strategy is turning those critical independents against the Dems. And that leaves the House leadership with a fateful decision to make. But what are their alternatives?
They can’t simply drop the whole idea; they have come too far for that. The only way they can back off with some credibility would seem to be an announcement that their “inquiry” was truly honest and concluded that the offense revealed did not prove any “high crimes or misdemeanors” and then come up with a censure motion instead. (Talk about “a silk purse from a sow’s ear”!) Such a solution sounds like an admission that they were victims of bad judgement from the beginning – even worse than the original approach.
So, there does not seems to be any way to gracefully retreat from the current strategy. Therefore, an impeachment vote seems inevitable. But how will the 31 vote? Remember, they were elected on the promise to work with the President and the Republicans to do great things including international trade deals with Mexico, Canada, China, Britain and Europe, as well as FY2021 budget, infrastructure, prescription drugs, increase manufacturing jobs, etc.
Instead, they will face their constituents with their failure to get Republican support for their agenda because they were spending their time trying to overthrow the President and adding immeasurably to the political division which they promised to try to reduce.In the shadow of that story to the voters, it is possible that the Dems might lose the vote to impeach – or at least more seriously cloud their integrity even further. Not a good choice either.
So stay tuned.
It is a puzzlement whether the cottage industry of international election observers populating the American commentariat really understand what is at stake in the upcoming British parliamentary election. It should be more widely discussed than it is. And analyses should focus on what is motivating voters, rather than whether the Tories or Labor are more likely, according to the polls, to come out ahead.
In reality, the future of representative democracy may be on the line, at least as far as the idea the people deserve to get what they voted for. It has been more than three years since 51.9 percent of those participating in a referendum on whether Britain should remain in the European Union took the position it should not. Yet, after three different prime ministers and one general election, the U.K. is still in the EU.
The why is easy to understand. The elites, including what has proved to be a majority of Parliament, think the people made the wrong decision and have done all they can to block Brexit from moving forward. But is that really appropriate?
Boris Johnson, the current prime minister, is a confirmed Brexiteer. He joined and later resigned from the government of his immediate predecessor when it became clear she had bollixed up the whole business. And he has pushed for this election in order to replace the anti-Brexit members of his own party with those who support his position and will vote with him to withdraw from Europe.
This is not a new issue. It has perplexed governments going back to Margaret Thatcher’s. Indeed, there are those who still believe her opposition to Britain joining the EU was the principal reason members of her Cabinet eventually plotted her overthrow. But the British elites—leaders in the permanent government, as well as the financial community, media, academia and foreign policy establishment—wanted in and, for their sins, they got their way.
The people were a different matter. Until the June 2016 referendum, it was conventional wisdom that it was only the cranky, fringe elements in U.K. politics who objected to EU membership on the grounds that British sovereignty was being impinged upon and for other reasons, those who populate the corridors of power found silly or unworthy of attention.
The referendum smashed that conception. To the shock of all the elites, a majority of the country ratified the “U.K. out the EU” position, believing they were setting out on a course to regain the nation’s independence. Yet the people’s choice has been thwarted, time and again.
First came the effort to discredit the vote, blaming it on anti-immigrant racism and fears of job loss in areas already economically depressed. That proved to be untrue. A survey of 12,369 voters in the United Kingdom conducted the day of the referendum found the No. 1 issue propelling people to vote to leave was their belief that the U.K. should remain a self-governing entity not responsible to some supranational body writing rules and regulations about the economy and other matters. Once that failed, the machinations began in Parliament and elsewhere to prevent the withdrawal agreement from ever being approved, which brings things to where they are now.
The election analysts who are part of America’s own elites have been strangely silent about all this. It may they are distracted by the ongoing congressional foofaraw over President Donald Trump’s interaction with the president of Ukraine to notice the global significance of events in the U.K. It’s not wrong to point out the similarities between Johnson’s effort to get a deal done and Trump’s effort to bring the American government to heel. Here, too, there seems to be considerable confusion, as Lieutenant Colonel Alexander Vindman inadvertently confirmed to the House Intelligence Committee considering the impeachment of the president, about who makes policy and just who’s in charge.
In the end, if it is affirmed the people are in charge and that they exercise their authority by delegating it to their elected representatives, up to and including the president of the United States, then things will work out fine. The American writer H.L. Mencken, a friend reminds, once described democracy as being “the theory that the people know what they want and deserve to get it good and hard.”
Here in the U.S. and in Britain, there are those with power who believe it’s their job to keep the people from making what they regard as a mistake. If the battle over Brexit, which is one of those “mistakes,” goes the way they want, then all the small “d” democrats around the world have some serious soul-searching to do before we can regain the power we’ve apparently lost.
The progressive left demands cultural changes, putting conservatives on the defense. It's never conservatives throwing the first punch.
A recent Voxsplainer aimed at breaking down the “War Against Thanksgiving” to bespectacled urbanites referred, mostly in passing, to the “culture war-stoking conservative media.” This is adorable, and for two particular reasons.
First, because its matter-of-fact presentation demonstrates how deeply this notion is embedded as conventional wisdom on the center-left. Second, because it’s so obviously stupid.
Of course, it’s the Fox-guzzling conservative rubes stoking the culture war, those reactionary pitchfork wielders who burn Howard Zinn books and listen to Blake Shelton sing about trucks. Or perhaps it’s the fault of cynical Beltway operators who exploit the anxieties of Flyover simpletons for profit and power.
The “culture-war stoking conservative media” is a liberal trope because it neatly comports to basic elite stereotypes about conservatism as a misguided ideology of blind rage and ignorance. The culture war itself is seen as a lowbrow battleground for reactionaries and the Brooks-Brothers elites who mine their concerns for clicks.
This brings me to the second reason Vox’s descriptor is amusing. The progressive movement is waging this war on culture by its own admission. By the essence of their mission and the definition of their moniker, progressives are on offense. There would be no cultural battles were it not for changes demanded by the left. Those of us so-called “culture war-stoking” conservatives in media are on defense. Almost always.
We focus heavily on culture because it’s what our audience finds useful. It’s what our audience finds useful because they, too, are on defense—and that’s because the left is focused even more heavily on culture. This kind of coverage is entirely a response to the left’s broad and deliberate cultural offensive, which honest progressives should fully own. The left raises proposals (or demands, more often) for cultural change. In response, we stand athwart history yelling “Stop!” (Or we’re supposed to, at least.)
Of course, media conservatives are blamed for stoking the flames of a culture war because center-left elites wouldn’t dare admit their own hands have been dirtied by something so asinine and lowbrow. Yet, curiously, they own all of these politicized initiatives to alter the culture. But you can’t have it both ways.
For instance, are the conservatives who cover transgender bathrooms stoking the culture war by virtue of their coverage, or is it the folks who introduced the idea and are seeking aggressively to normalize it? Again, to an honest progressive, the answer should be easy: the culture is oppressive and they are waging a righteous war against it.
Consider awards season, which regularly produces a stream of contrived liberal broadsides. I love Meryl Streep, but it was her choice to pit popular sports against “the arts,” echoing the snobbishness that drove voters to Donald Trump. She did the stoking, conservative media simply responded. When Sean Spicer was cast on “Dancing with the Stars,” conservative media’s coverage was provoked entirely by the left’s complaints.
As for the “War on Christmas,” an admittedly dramatic designation, it isn’t exactly conservative Christians pushing to secularize the holiday, and the push to secularize the holiday absolutely exists. Is conservative media sometimes guilty of framing cultural conflict in hyperbolic terms? Of course. But, often, what looks like hyperbole to elites—who cheer many sweeping progressive initiatives—sounds pitch perfect to conservative bystanders watching their world get turned upside down. You can go down the line on these issues, from the national anthem to comedy to statues of Thomas Jefferson to Taylor Swift, it’s never conservatives throwing the first punch.
Even the aforementioned Vox article, headlined “Trump’s made-up war on Thanksgiving, explained,” gently undermines its own contention about the culture war. In a subheading titled “It’s not a bad idea to give Thanksgiving a think,” the author suggests using Thanksgiving as a time to “[consider]” the plight of the Native American community, which is perfectly reasonable idea, but certainly calls for change. It’s also perfectly reasonable for conservatives to counter that suggestion by arguing the holiday would be better spent focusing on our “social and domestic ties,” as Sarah Hale proposed so many years ago. Either way, the would-be change agents aren’t coming from the right.
Whatever is happening with Thanksgiving is nothing compared to wars being waged on other cultural fronts. And it’s not a war being “stoked” by conservative media, but by the left. To believe otherwise is to undermine the entire progressive project.
Column: A weak and unstable China is also more dangerous
You see it in the maps. In 2015, 1.4 million Hong Kongers voted in elections in which pro-Beijing candidates swept the city’s 18 district councils. Last week, 2.9 million Hong Kongers voted and pro-democracy candidates won every district but one. That is an increase in turnout of more than 100 percent and a stunning rebuke both of Beijing and of chief executive Carrie Lam, who has failed to respond adequately to the demands of the pro-democracy movement that has disrupted Hong Kong for the past six months. Maps of the city once shaded pro-mainland blue are now pro-liberty yellow.
Yes, the vote was symbolic. The councils have little say in the operations of government. But symbols matter. For Hong Kongers to express discontent with their rulers through one of the last vehicles for accountability is no trifle. Beijing was surprised. It had counted on a supposed “silent majority” of voters tired of the upheaval and violence to legitimize the mainland’s authority. That was a mistake. The prefabricated copy that Communist propagandists had been ready to spread was abandoned. “The problem is that under the increasingly paranoid regime of Xi Jinping, even these internal reports have become much more geared toward what the leadership wants to hear,” writes James Palmer, who a decade ago worked for the pro-China Global Times.
Hong Kong is the most visible reminder of the tenuous nature of Communist rule. The city has become a postmodern battleground where masked protesters wield social media and lasers to avoid armor-clad police and facial recognition technology powered by artificial intelligence. When one looks at Hong Kong one sees a possible future where champions of freedom the world over employ desperate measures against the overwhelming resources of a mechanized Leviathan. One also sees the brittleness, confusion, and embarrassment of despotism when challenged by subjects assumed to be grateful for growth and security and immune to the will to freedom.
What is happening in Hong Kong is not isolated. The China model of authoritarian development is damaged and scarred. What seemed as sturdy and invulnerable as a Borg Cube looks more like a fragile and wobbly mobile by Alexander Calder. The regime of Xi Jinping is under economic and political and diplomatic pressure that it is not handling well. This beleaguered combatant in an era of great power competition is more dangerous to the United States than before.
What legitimacy the Communist Party possessed was based on the decades of economic growth inaugurated by Deng Xiaoping in 1978. But growth has slowed to its lowest level in decades as the Chinese workforce ages, low-hanging investment opportunities disappear, and the trade war with the United States reduces manufacturing output and sends supply lines to Vietnam and Mexico. Capital is fleeing China at a record pace as the bourgeoisie hedge against stagnation and turmoil.
For all of the Chinese government’s much publicized investments in research and development and defense, and despite the size of its economy, per capita gross domestic product is $10,000, slightly less than that of the Russia Federation ($11,000) and a fraction of that of the United States ($65,000). Recent weeks have brought an uptick in bank runs. The government’s response to slowdown has been to tighten state control. “Between 2012 and 2018, assets of state companies grew at more than 15 percent annually, well over twice the pace of expansion of China’s GDP and double the pace of growth of gross domestic capital formation,” writesNicholas R. Lardy of the Peterson Institute for International Economics. This is not state capitalism. It’s statism.
The Chinese authorities use mechanisms of repression to maintain control over what can only be described as an internal empire. The New York Times recently published a horrifying and damning trove of documents relating the extent of Beijing’s efforts to detain, imprison, intimidate, and reeducate Uighurs, Kazakhs, and other minorities in western Xinjiang Province. China wants to override the Dalai Lama’s choice of successor in its continuing efforts to police Tibetan Buddhism and aspirations to sovereignty. China leads the world in the number of political prisoners, its Great Firewall has become more difficult to penetrate, and its influence operations in Taiwan, Australia, and other democracies more sophisticated. Defector Wang Liqiang has told Australian officials of his personal involvement in the disappearance of five Hong Kong booksellers who had the temerity to advocate democracy.
These are not the moves of a regime confident in its ability to win the allegiance of a multi-ethnic population of 1.4 billion people. They are the policies of an insular and jittery faction whose uncertainty toward a changing economic and demographic landscape has made it suspicious of and opposed to even the slightest hints of liberal democracy. The ambitions of Chairman Xi for a Eurasia integrated under the Belt and Road Initiative, where the preponderance of the latest equipment in key sectors is manufactured, are both grand and mismatched for a nation whose leaders are concerned most with the operation of the surveillance state that keeps them in power.
The resistance to Beijing is both domestic and foreign. Lost in all the predictions of Chinese dominance were the voices of China’s neighbors in the Pacific. Neither Japan, nor Vietnam, Taiwan, the Philippines, nor Australia want to live in a Chinese lake. Most extraordinary has been the response of the United States. Within four years, the American elite has swapped its belief in China’s “peaceful rise” for the recognition that it may be in the opening phase of a Second Cold War whose outcome will determine the ideological character of the 21st century. While Tariff Man wages his trade war, opposing Chinese theft of intellectual property and arguing for structural changes to China’s state owned enterprises, Vice President Mike Pence, Secretary of State Mike Pompeo, and Secretary of Defense Mark Esper speak of the political and security challenges presented by Chinese authoritarians who become more willing to lash out as they lose their grip.
Senator Josh Hawley spoke for the emerging consensus when he wrote in the November 24 Wall Street Journal: “And everywhere, in every region, we must ask whether our actions are contributing to the great task of this era, resisting hegemony in the Asia-Pacific.” A few days before Hawley’s op-ed, Congress passed the Hong Kong Human Rights and Democracy Act of 2019. Though the president already may possess the authorities to sanction Chinese officials granted him by Congress, the bill remains both a powerful statement of American support for the principles of liberty and democracy and a sign of American resolution before the specter of autocracy.
Good for President Trump to have signed the Democracy Act—and better still if he would link human rights to trade and refrain from speaking of his “friend,” the “incredible guy” who seeks nothing less than the defeat and displacement of the United States.
The U.S. Department of Education's Office of Civil Rights 'will investigate whether the University expresses an unlawful preference for women in its employment and hiring practices.'
The U.S. Department of Education recently opened an unusual Title IX inquiry against Georgetown University: The DOE’s Office of Civil Rights “will investigate whether the University expresses an unlawful preference for women in its employment and hiring practices.”
In today’s America, diversity bureaucrats control academia (even though they are anything but diverse in politics and sex). Millennial, antinomian hate against the legacy of “dead white men” in the Western canon has become the norm. The political monoculture of American academia is a synthesis of communism and feminism, taught across the nation in temples of nihilism called Women’s Studies.
Women make up the majority of undergraduate students, graduate students, and the college-educated labor force today. Women also constitute the majority of STEM students, medical students, and law students. Yet rampant discrimination against the male minority was the norm under the Obama administration. According to research published at the James G. Martin Center for Academic Renewal, the Department of Education was 2,400 percent more likely to side with female parties than male parties in adversarial proceedings (2011-19).
Elite colleges such as Cornell offer numerous support and advocacy programs for women but nothing equivalent for men, who are the minority. The lack of due process in college sexual harassment tribunals has received widespread and bipartisan criticism over the years from legal and academic experts. Critics include The Federalist Society, Heritage Foundation, Edmund Jr. Brown, NCHERM, Justice Ruth Bader Ginsburg, American College of Trial Lawyers, and the Reason Foundation.
Advocates have been struggling against this problem for years, often citing the very law that caused it: Title IX. Seminal rulings include an opinion from the 2nd Circuit Court of Appeals, which prohibits discrimination against men even in the absence of malice and even for a short time; an opinion from the 6th Circuit Court of Appeals, which mandates cross-examination in sexual harassment disputes; an opinion from the 7th Circuit Court of Appeals, which says Title IX tribunals fall short of what “even a high school must provide to a student facing a days-long suspension” in terms of due process; and an opinion from the 8th Circuit Court of Appeals, which dismisses the idea that past discrimination against women can justify discrimination against the male minority in today’s America.
There has also been progress in administrative precedent. The Department of Education accepted a class-action complaint on behalf of males during 2016. The department also published a widely quoted decision against Wesley College, which affirmed due process rights for the accused under Title IX. Likewise, a Title IX precedent against the University of Southern California (which challenged female-only scholarships) triggered many similar complaints across the nation.
A different precedent against Tulane University declared the illegality of various female-only programs. And now comes a new ruling that expands the purview of these civil rights investigations: a Title IX inquiry against Georgetown University. (Disclosure: The investigation was opened in response to a complaint I submitted.)
The Georgetown precedent is a significant milestone. The Department of Education has declared its intent to outlaw employment and recruitment preferences which favor the female majority. This means STEM departments which favor hiring women will be in legal trouble, for example.
The ruling also declares that women’s centers are legally suspect, since no institution to date has ever offered anything equivalent for the unfair sex. (Women’s centers are political advocacy units, funded at the expense of taxpayers. They should not be mistaken for programs that offer vital health services to women.) The Trump administration deserves credit for this ruling, a significant accomplishment in terms of curbing Title IX and restoring the law unto its original simplicity. Yet the USDOE Georgetown letter includes two main problems.
The ruling exempts Women’s Studies from Title IX based on the argument that “curricular materials” are exempt from civil rights inquiry. This argument is weak, inconsistent, and incorrect. The argument is weak because it relies upon a single subclause of Title IX in the legislative text: 34 C.F.R. §106.42. Other subclauses of Title IX, such as 34 CFR §106.36(c), prohibit “appraisal and counseling materials” that cause disproportionate enrollment. Women’s Studies programs overwhelmingly employ female professors for the benefit of overwhelmingly female students.
The argument is also inconsistent because the Department of Education is monitoring curricular materials under Title VI (a similar civil rights law) while refusing to do so under Title IX. This capricious distinction is against legislative intent, since Congress made little meaningful distinction between sexual discrimination and racial discrimination in qualifying the Civil Rights Act of 1964 (117 CONG. Rec. 30,156 (1971).
Last but not least, the argument is incorrect. The department has used Title IX to micromanage curricular and training materials before. Indeed, even Obama appointees once issued a resolution letter, dissolving female-only STEM programs for using language that excluded male students.
There is another problem with the ruling. I wrote the complaint in part as a response to the statements of Christine Fair, a Georgetown professor who received nationwide condemnation for her irrational vitriol. Fair’s statements called for violence and desecration against a class of human beings routinely demonized in American academia: men of Caucasian descent. “Castrate their corpses and feed them to pigs” is the kind of hate we have come to expect from hyperpartisan professors.
Negative generalizations against any other class of people warrant swift retribution in American academe, even when they are much more temperate in tone. The Department of Education once opined that the phrase “angry black woman” is adequate to constitute a racially hostile environment (2016). The department is also expanding the scope of Title VI to apply a novel and broad definition of antisemitism, a move which the Foundation for Individual Rights in Education has criticized. Yet the letter notifying of the Georgetown investigation is silent about Fair.
The Supreme Court has condemned discrimination against men and people of Caucasian descent before. This is common sense, consistent with the spirit of the Equal Protection Clause. The Department of Education’s unfortunate record raises some interesting questions: Can we now conclude this federal agency is violating Title IX and Title VI? No reasonable person can argue that “angry black woman” is more offensive than “castrate their corpses and feed them to pigs.” Why should the former statement constitute a racial and sexual offense, while the latter remains unpunished? This is an unlawful paradox with no simple explanation.
Plato maintained simplicity is the best evidence of eternity. St. Augustine classified simplicity as an attribute of God. Laws must be consistent, rational, and as simple as possible, lest they fail to inspire fealty and suasion. There is now an originalist and textualist majority in the Supreme Court of the United States, and we can only wonder what they will think about the paradoxes of the Georgetown letter.
Any extension, expansion or enlargement of the electric vehicle tax credit is a profoundly bad idea and essentially robs the taxpayers to pad the pockets of the wealthy who can afford the best lobbyists money can buy.
When the original legislation giving tax credits and subsidies for electrical vehicles passed more than a decade ago, its sponsors promised that it would be temporary and were only designed to help new technologies gain a foothold in the marketplace. Now more than a dozen years later, some irresponsible legislators are ready to move away from temporary, limited subsidies and are headed towards a permanent and almost unlimited subsidies.
This is both bad policy, and dangerous. Government’s power to tax should not be used to transfer wealth to those who can afford the best lobbyists. Single parents working two jobs to make ends meet should not be forced to take an extra shift so that they can support this sort of wasteful spending. If rich car purchasers want to buy new expensive electric sports cars, they should be free to do so. But the idea that they should be able to reach into the wallet of the single parent struggling to make ends meet is unconscionable!
Virtually 80 cents of every dollar spent on subsidies went to households with more than $100,000 of income. And, of course, all of the taxpayer provided cash benefits wealthy and profitable car companies — like Tesla and its billionaire founder Elon Musk. It is revealing that almost 1/2 of all the subsidies for electric vehicles go to just one state — California.
This is a wealth transfer from the working poor and middle class to the wealthy. And it is a wealth transfer from 49 states to 1 state. Before anyone votes for these wealth transfers, they must provide an explanation. Why is this good for America? Why is this good for taxpayers? I know it is good for Mr. Musk and Tesla. But why is it good for that single parent who is working so hard to provide her children with a better life?
There is no need to extend, expand or continue subsidies for electric vehicles. Sales of electric cars have been on the increase for years. The original rationale was that the temporary aide would help them get established and build economies of scale that would drive prices down. Twelve years is more than enough time.
Some argue that the subsidies are justified because electric cars are “zero emission” vehicles. But that is a lie. Electric cars are plugged into the power grid to recharge and whatever emissions were created while generating the electricity needed to recharge the car are the car’s emissions. Nationally, that won’t be anything close to zero. Moreover, recent studies indicate that full life-cycle emissions from electrical vehicles may exceed those from new internal combustion engines. So it is unlikely that electric vehicles provide the environmental benefits promised.
Since there is no longer any plausible or rational reason for the subsidies, the real reason is laid bare — car companies want more taxpayer cash and they’ve lobbied Congress hard to get it. Mr. Musk and Tesla and others who receive the benefits of this taxpayer provided subsidy would love to extend and expand it. But that isn’t a good reason to give them more taxpayer cash or to reach into a single parent’s wallet so that some rich guy can get some help to buy that very cool electric car.
Moreover, the public doesn’t support the idea of taxpayers helping people buy expensive and trendy electrical cars. By landslide proportions, 2 in 3 Americans oppose these subsidies, and with good reason.
The truth is most people would love to receive a perpetual gift of cash. There’s an old saying, “A government that robs Peter to pay Paul can always count on the support of Paul.” That’s what we have here. Paul is in favor of Paul getting millions of dollars provided by Peter. This is clearly just based on greed.
Even more important, our constitutional system cannot devolve into a system in which one group gets to vote itself cash from another group. But that’s what we have here. Nothing more. A vote to extend, expand, or enlarge this subsidy is a grotesque violation of the public trust.