DJT lawsuits against Harris/Biden have started

Thought of the day about the rule of law. Well, at least for this blog post:

“This is an attempt to describe generally the process of legal reasoning in the field of case law, and in the interpretation of statutes and of the Constitution. It is important that the mechanism of legal reasoning should not be concealed by its pretense. The pretense is that the law is a system of known rules applied by a judge; the pretense has long been under attack. In an important sense legal rules are never clear, and, if a rule had to be clear before it could be imposed, society would be impossible. The mechanism accepts the differences of view and ambiguities of words. It provides for the participation of the community in resolving the ambiguity by providing a forum for the discussion of policy in the gap of ambiguity. On serious controversial questions it makes it possible to take the first step in the direction of what otherwise would be forbidden ends. The mechanism is indispensable to peace in a community.” -- first paragraph of the 1949 book, An Introduction to Legal Reasoning, legal scholar and former US Attorney General, Edward H. Levy

As expected, and explicitly threatened, if Joe dropped out and someone else replaced him, DJT and his GOP and MAGA threatened lawsuits. Reuters reports:

Trump campaign files complaint against 

Harris taking over Biden war chest

Republican presidential candidate Donald Trump's campaign filed a complaint with the Federal Election Commission on Tuesday, arguing that U.S. Vice President Kamala Harris could not legally take over funds raised by President Joe Biden's reelection campaign.

The fight over the accounts, which had roughly $95 million in the bank at the end of June, is part of a multi-pronged effort by Republicans to stymie Harris' bid to lead the Democratic ticket.

The Trump campaign argued that Harris undertook a "brazen money grab," according to the filing by David Warrington, the campaign's general counsel. In the filing, which was shared with Reuters, Warrington said Harris was in the process of committing what he described as the "the largest campaign finance violation in American history."

Saurav Ghosh, a lawyer at the Campaign Legal Center, a non-partisan watchdog group, has said that because Harris was already part of "Biden for President" as the vice presidential candidate, her claim on the money should be secure.

In any case, election regulators are unlikely to resolve the issue before the Nov. 5 presidential election.

The FEC said they were unable to comment on unresolved enforcement matters.

This is just the beginning of DJT/GOP/MAGA lawsuits. One can reasonably expect at least a dozen federal or state lawsuits. After the 2020 election, DJT/MAGA filed 62 lawsuits in 9 states and the District of Columbia. All 62 failed. Nearly all were dismissed or dropped due to lack of evidence. Judges tended to describe the lawsuits as frivolous and/or without merit.

Experts have started commenting on NPR and elsewhere about what the ramifications of lawsuits might be. Despite what Reuters reports about the FEC being unable to comment, radical Republican FEC chairman Sean Cooksey commented extensively in an interview. DJT appointed Cooksey as FEC chair on Dec. 9, 2020. Cooksey said the language of the controlling law or regulation probably provides a basis for the FEC to block Harris from having access to the Biden campaign money. 

Based on his comments and the slop in the regulation, it is easy see the three Republican FEC commissioners deciding against Harris and the three Dems deciding for her, leaving the commission gridlocked. An appeal to the federal courts by DJT/MAGA would follow. 

Sean Cooksey - his politics is radical

right authoritarianism? Maybe not. 

This exemplifies, once again, the danger of sloppy writing of laws and regulations. Sufficient ambiguity and/or grammatical incoherence provides politically corrupted partisans with all the cover they need to get what they want, regardless of the sometimes clear intent behind the law or regulation. When original intent is unclear, the meaning of a law or regulation becomes a partisan power game.

This also exemplifies the willingness of DJT/GOP/MAGA to file frivolous lawsuits with no evidence, or even in the face of contrary evidence. Facts do not matter. Slop in the law matters far more.

Yahoo! News reported about the partisanship:

Sean Cooksey, the Trump-appointed chair of the Federal Election Commission (FEC), suggested Monday that Vice President Harris may not be able to access the millions of dollars remaining from President Biden’s campaign, which many campaign finance lawyers say is rightfully hers.

Biden shook up the 2024 presidential race Sunday when he dropped out amid concerns about his age and mental acuity and endorsed his vice president. The campaign had just under $96 million in cash on hand as of June 30, according to its most recent report to the FEC, and filed paperwork to change its name from “Biden for President” to “Harris for President” within hours of the president’s decision.

Even before the campaign filed to change its name, Harris was listed as a candidate alongside Biden on its paperwork with the FEC.

Campaign finance lawyers previously told The Hill that Harris would be able to access the funds if she becomes the nominee. Democrats have started to coalesce behind Harris, but Cooksey called the situation “complicated” and suggested it would be challenged in the agency and at the courts.

“I think it’s really complicated, is the short answer,” Cooksey told “Morning Edition” on NPR. “What he’s attempting to do is to give his entire committee, the cash and all the assets, over to another person.”

“I think it’s gonna have to go through a process, through the FEC,” Cooksey added. “I expect, there’s probably going to be challenges to that at the agency, and probably in the courts as well.”

Democratic Commissioner Dara Lindenbaum, who chaired the commission last year, pushed back on the suggestion that Harris would not be able to access those funds.

“It’s quite clear, Vice President Harris can continue using the campaign committee and its funds,” Lindenbaum told The Hill. 

Steve Roberts, former general counsel to Republican presidential candidate Vivek Ramaswamy, was also skeptical of Cooksey’s comments.

“This interpretation is likely wishful thinking,” Roberts told The Hill.

“Since the declarations of candidacy for 2024, the reasonable interpretation is that the Biden campaign committee is a shared one between Harris / Biden, and perhaps uniquely so because they are incumbents. Otherwise, in 2020, Trump-Pence wouldn’t have had a shared committee, but would have set up separate committees and had their own contribution limits,” he explained.  

While Cooksey told NPR it is “entirely reasonable” to scrutinize the political motivations of members of the six-person commission, which may have no more than three members from each political party at any given time, he defended his record.

“I always try to approach these issues based on what the law requires and what is the best policy, not what’s gonna give people a certain partisan advantage in the short term,” Cooksey said.

Cooksey has sided with Democratic candidates and committees in controversial opinions that have angered many campaign finance reform advocates, including recent decisions that allow candidates to raise unlimited funds for state-level ballot measures, remove restrictions from certain mass text messages and make it easier for candidates and super PACs — which can raise unlimited sums of money — to coordinate on canvassing.

Partisanship here is obvious. A big question is whether partisanship on one or both sides is corrupt, principled or sufficiently grounded in ambiguity to make a solid determination impossible.

MAGA lawyers dropping anti-Harris 

lawsuits in courts across this great land! 

In fear, DJT lashes out in incoherent, blind anger; A new psychological reality appears

The HuffPo writes about DJT's move to avoid debating Kamala on the already-slated Sept. 10 debate. That shows real fear and some understanding of the threat Kamala is to his candidacy and fake reputation:

Former President Donald Trump continued his attacks against ABC News on Monday as he moved to shift his commitment to the next presidential debate now that Vice President Kamala Harris is the frontrunner to be the Democratic nominee.

Trump began laying the groundwork this weekend to dodge or change the rules of the second debate he’s agreed to, which is set to be held Sept. 10 and broadcast on ABC. The former president has been livid after President Joe Biden ended his bid for reelection on Sunday.

“ABC Fake News is such a joke, among the absolute WORST in the business,” he wrote on Truth Social. “They then tried to make ‘Sleepy’ look like a great President — he was the WORST, and Lyin’ Kamala into a competent person, which she is not.”  

“ABC, the home of George Slopadopolus, is not worthy of holding a Debate, of which I hope there will be many!” he went on, using a demeaning name for host George Stephanopoulos.

DJT's insulting lies, slanders and ad hominem attacks evince real fear of Kamala. He is obviously afraid of her. Other reporting that telegraphs his fear and confusion:

Brilliant young man? = fear

Pole numbers? = mental slop

The fear aspect of this is odd. On the one hand, Dems did not fear Biden enough to try to convince him to step down. On the other, despite DJT's fear of Kamala, the Repubs are too scared of the obviously unfit and unqualified DJT to even consider asking him to step aside. Of course DJT, like nearly all morally depraved dictators would never step aside, even if asked. For Biden, it was ultimately about what is best for the nation. For DJT, it is always about what is best for DJT.

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Writing for The Atlantic Anne Applebaum touches on a new perception: 

Suddenly Trump Looks Older and More Deranged

Now the Republicans are the ones saddled with a candidate who can’t make a clear argument or finish a sentence

Four days after the end of the Republican National Convention, it suddenly looks like a very different event. I watched it intermittently, on television, along with perhaps 25 million other Americans (a relatively small number, though enough to matter). I focused on the highlights, like most viewers did. I read the analysis and thought I understood what had happened. But in the light of President Joe Biden’s brave and unprecedented decision to drop out of the race, my memory of what Donald Trump and his party were doing and saying has permanently shifted. I suspect this will be true for at least some of the other 25 million of us too.

Whatever happens next, the frame has altered. Now it is the Republicans who are saddled with the elderly candidate, the one who can’t make a clear argument or finish a sentence without veering off into anecdote. Now the Democrats are instead proposing something new. Now it is the many pundits who were already bored by the race and ready to wrap it up who look foolish.

Based on comments I have read by readers of WaPo and NYT articles this morning, a new perception has already become apparent to a lot of people. With eyes and worries lifted from Biden, and with Repub memories of their blistering criticisms of him, people are seeing DJT with fresh eyes. What they see is a nasty old liar who is mentally incompetent. DJT and the Repubs cannot accuse Kamala of mental unfitness or doddering old age. That takes away at least two of their most potent propaganda weapons. From what I can tell, a lot of people now apparently better see that the accusations of Biden apply to DJT. Now DJT's moral depravity and cruel selfishness stand out more clearly because the criticisms of Biden no longer can help to obscure his true character.

Kamala Harris and the Israel-Palestine Question

 One of my key concerns with Biden (other than his cognitive status) has been his unconditional support for Israel. I've written several OPs here on the topic, so I will only add here that the situation has only gotten worse in the last month while the focus here shifted (understandably) to this critical election. 

While there may be softer rhetoric, and more "empathetic" remarks about the rights and needs of Palestinians from Harris, there is no good reason to assume a major shift in policy. The fact is, though, that Trump will go even further than Biden ever did, very likely recognizing the annexation of the West Bank as some of his donors (including the far-Right Zionist, Miriam Adelson) want him to do. So there's just no candidate C with a chance of winning who can bring US policies within the purview of international law as decreed by both the ICJ and ICC as well as multiple UN Security Resolutions. With Gaza in ruins, a multi-front war creeping ever-more steadily into high-gear, the situation is bleak. Trump will surely be the more aggressive leader of the two. 

My own position is that Harris has expressed concern (more than Biden to be sure) for Palestinians rhetorically, and she is not responsible for his decisions. Therefore, when protests and pressure resume, which I hope they do soon, I believe we will not see the same vitriol and villification that we did of Genocide Joe. Remember that the premise of this election is largely a commitment to democracy, human rights, and moral integrity vs. authoritarian impulses, repression of those who are "not like us" and the lionization of raw power over humane and just principles. 

In that context, a (small "d") democratic leader, even in a quasi-oligarchical polity, should be expected to hear and respond to the pressure of masses of voters (and voters in this case very valuable in such a close election) as the young, progressive, pro-Palestinian protestors who would very much like to prevent Trump from taking office, but who were simply incapable of voting for Biden. I hope, for Harris' sake and that of the country, that she proves to be much more responsive not only in style, but in substance, to the protestors who have not faded away just because the media took them off the front pages. As universities begin to open in only weeks, we will see a battle between MAGA Republicans who proudly condemn the protestors, the professors that teach them, the administrative faculty of liberal arts colleges, and Harris. What will her response be? I hope she gives us something to contrast with the bigoted, militaristic, McCarthyite rhetoric of Trump-- who called Biden a "Palestinian...A bad Palestinian" as a slur on national TV in the famous June 27 debate. I hope she will oppose purges of liberal arts faculty and students, admit that global opinion from the UN, to the highest international courts, to most countries in the world, cannot be dismissed, as Biden glibly did as "meritless and without any factual basis." Unfortunately that is simply not   true. 

I don't expect a total reversal, but hope at the very least for a return to pluralism and democracy in the simple sense of not penalizing those who oppose this ongoing massacre, but instead recognizing the importance of having serious dialogue about where to go from here. This is not the time or place to discuss possible policy options. I only mean to say that it will be important to me, and many other voters who have been shocked and alienated by Biden's policies regarding Israel, to see an open mind and earnest dialogue. In that context, here is Mehdi Hassan discussing Kamala Harris (whom he supported as an alternative to Biden right after the notorious Biden debate of 6/27).  The clip is from Democracy Now!

What Dems are thinking; What Repubs are saying

The WaPo published some recent data on Dem sentiment:

At this point, it is probably too early to give much weight to polls. Some time is needed for the change to sink in. And, polls from the swing states (PA, MI, WI, GA, NC, NV, AZ) are probably the only ones that count, unless a major shift in sentiment from DJT to the nominated Dem candidate occurs.

Reuters reports that all state Democratic party chairs have endorsed Harris. The momentum seems to be in her favor.

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As expected, the Repubs have started their brutal dark free speech attacks on Kamala. The degree of lying, slandering and crackpottery is as high and intense as a reasonable pro-democracy person might expect. Given how disgusting the morally rotted attacks are in my opinion, it seems counterproductive to repeat much or any of Repub filth here. I am inclined to mostly or completely ignore it. If there is useful negative information about Harris to be had, it can come from sources other than hyper-biased Repub liars. 

Q: Is it better to know at least something about the Repub attacks and hypocritical sleaze, or to ignore it? 

Biden drops out of the race; Now what?

Joe drops out of the race and endorses Kamala. Things just keep getting weirder. 

1. This is mostly bad for DJT, mostly good for democracy

2. This is mostly good for DJT, mostly bad for democracy

3. I don't know what this is 

4. Other

Book comments: Autocracy Inc.

One thing that seemed to be real and serious was a personal perception that the world’s authoritarians are banding together to mount a global war against democracy, the rule of law, civil liberties and transparency in government. Apparently, at least a few others see basically the same thing. 

The Hill published commentary on a new book by historian Anne Applebaum (staff writer at The Atlantic), Autocracy, Inc.: The Dictators Who Want To Run The World: 

Last month, North Korea and Russia signed a pact covering trade, investment and cultural ties, and pledging aid if either nation faces “aggression.” In exchange for economic assistance and technology transfers that bolster its nuclear weapons program, North Korea is continuing to provide Russia with ammunition for its war against Ukraine. President Vladimir Putin praised Supreme Leader Kim Jong Un for supporting “the fight against the imperialistic policies of the United States and its allies.”

This month, soon after he assumed the rotating presidency of the European Union, Hungarian Prime Minister Viktor Orbán — a self-proclaimed champion of “illiberal democracy” who has cracked down on freedom of the press and an independent judiciary — left EU leaders fuming by urging President Volodymyr Zelensky to negotiate an end to the war in Ukraine, and then lavishing praise on Putin and Xi Jinping in Moscow and Beijing. A few days later, Orbán met with Donald Trump, whose reelection he has endorsed. “We discussed ways to make peace,” Orbán said. “The good news of the day: he’s going to solve it.”

These incidents indicate that aspiring autocrats and dictators share the same goals: enrich themselves, remain in power, deprive their own citizens of influence, discredit and destroy democracy and create a new world order. And that they are collaborating to achieve these goals.

Shared grievances and anti-democratic goals motivate autocrats to help one another. Iran traded food and gasoline for Venezuelan gold and sent equipment and personnel to repair oil refineries. In 2016, Xi Jinping endorsed Iran’s role in helping Syria’s Bashar al-Assad, who authorized chemical weapons attacks on his own people, retain power. Iran increased China’s access to its oil, infrastructure, telecommunications and banking markets.

Enemies of democracy have vastly improved their capacity to censor online content. China outlaws posts that “endanger national security, subvert the government, or undermine national unification.” Afraid of losing business in the world’s second most populous nation, American tech companies altered software to protect the “Great Firewall’s protocols.” Pakistan, Brazil, Mexico, Serbia, South Africa, Turkey, Singapore and Zimbabwe have acquired China’s “safe city technology.”

Autocrats have also ramped up the internal and external dissemination of fake news about democracies.

Along with increasing military and financial assistance to Ukraine, Applebaum believes that to regain the initiative a multinational movement must make money laundering and real estate transactions transparent; require internet posts to be more evidence-based and less anonymous, while holding social media companies more accountable for content; and reduce democratic countries’ reliance on minerals, semiconductors and energy supplies sold by Russia, China and other autocracies.

These reforms won’t occur, Applebaum emphasizes, until citizens of democracies “think of themselves as linked to one another and to the people who share their values inside autocracies, too. They need one another, now more than ever, because their democracies are not safe. Nobody’s democracy is safe.”

At a time of increasing isolationist and nationalist sentiments in Western democracies, implementing this agenda won’t be easy.

The NYT comments on Applebaum’s book (not paywalled):

Something new is happening in the world of oppression. Or so says the historian Anne Applebaum.

Whereas the twilight struggle of the 20th century was waged between formal “blocs” of ideologically aligned allies, today’s autocrats are more diverse — a mix of self-described Marxists, illiberal demagogues, kleptocratic mafiosi, old-school tyrants and new-school theocrats.

Of course, they do share ideas if not ideologies, among them that liberal internationalism is an alibi for imperialism, the means by which Washington and Brussels impose their interests and decadent cultural mores (especially L.G.B.T.Q. tolerance) on the rest of the world. But today’s autocrats principally cement their bonds, Applebaum argues, “not through ideals but through deals.” Thanks in large part to the opacity of global finance, they enjoy a vibrant trade in surveillance technologies, weapons and precious minerals, laundering one another’s dirty money and colluding to evade American sanctions. This venal compact of convenience she calls “Autocracy, Inc.” 

To her credit, Applebaum’s new book risks a more sophisticated, and less flattering, answer: Globalization did work, only not how she and her friends assumed it would. Autocracies became more integrated with one another, while American and European trade dependence on the autocratic world — on Chinese manufacturing and Russian oil, for instance — became a weapon to be used against the West. “Everyone assumed that in a more open, interconnected world, democracy and liberal ideas would spread to the autocratic states,” Applebaum writes. Nobody imagined that autocratic and illiberal ideas “would spread to the democratic world instead.”

And not only ideas. Before and after the fall of the Soviet Union, cash robbed from the coffers of the Communist East flowed into bank accounts in London and the Caribbean. More recently, shell companies in Delaware have purchased apartments in New York on behalf of oligarchs in Russia and China, while European and American accountants, real estate agents and lawyers have enjoyed hefty fees for secreting the ill-gotten wealth of the world’s kleptocrats. In short, the world system accommodated the needs of autocracy; the autocrats were not required to change. 

Applebaum is cleareyed about the difficulties of rectifying this situation: “Powerful people benefit from the existing system, want to keep it in place and have deep connections across the political spectrum.” She’s no anticapitalist, but her recommendations for reforms to the financial system — requiring companies to be registered in the name of their actual owners, for example — are concrete and admirable. (emphasis added)

The NYT article goes on to criticize some of Applebaum’s reasoning and conclusions, but I found her reasoning more persuasive and evidence-based than the NYT critic’s subjective evaluations. In essence, she sees even more than what I could see.