Along with a categorical refusal to negotiate on raising the debt ceiling, Democrats need to start now making the affirmative case that the debt ceiling is itself unconstitutional. Back in 2011 President Obama said he had spoken to legal scholars and concluded this was not “a winning argument.”
This again is an example of Democrats playing to the elite legal academy, credentialed opinion.
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Like more than a few Democrats, Sen. Dick Durbin (D-IL) embarrassed himself this morning on the Biden documents case. He said President Biden is “diminished” by the situation. On Trump and Biden: “At its heart, the issue is the same. Those documents should not have been in the personal possession of either Joe Biden or Donald Trump,” he said. In each case, after whacking Biden around a bit, he went on to lamely distinguish between the two situations. Those distinctions, needless to say, will never be the headlines, never garner attention, never be what shapes news coverage. Manchin of course was worse, saying Biden “should have a lot of regrets” and questioning whether we know whether Biden’s or Trump’s actions are more egregious.
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For those of you who remember the embarrassment of the Times coverage of the “Whitewater” scandal, it must seem like déjà vu all over again. It does to me. The paper’s editors are trying, and I mean really trying, to make the Biden classified documents issue a thing. And I mean a grave thing. The stage was ably set by the subject line of the email I received blasting out their latest deep dive on the story: “Inside Biden’s 68 days of silence.” It’s this like a Gabriel García Márquez homage? I mean good lord. Are we really doing this again? Of course we are. It’s how they roll.
I took the liberty of a short set of annotations.
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Is the federal judiciary running out of patience with Donald Trump? Or, at least, one federal judge? Yesterday, as David noted this morning, federal judge Donald Middlebrooks hit Trump and his lawyers with almost $1 million in sanctions for their meritless and absurd lawsuit against Hillary Clinton and others. Trump has been notorious for decades for constantly threatening and sometimes filing predatory, frivolous and abusive lawsuits. But he’s mostly gotten away with it. That seemed to come to end with Judge Middlebrooks’ hefty sanctions.
Then this morning, Trump withdrew his case against New York Attorney General Tish James. What do the two cases have in common? They’re both before Judge Middlebrooks, a federal judge in Florida.
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A new episode of The Josh Marshall Podcast is live! This week, Josh and Kate discuss the classified document false equivalency and the newest adventures of George Santos.
You can listen to the new episode of The Josh Marshall Podcast here.
Recently I was reading an article on the January 8 insurrection in Brazil. The writer noted Jan. 8 along with Jan. 6 in the U.S. as examples of what can result from the maelstrom of global authoritarianism, “fake news” and pervasive misinformation. Brazil has also witnessed its own version of the “Big Lie” claiming fraud was behind the ouster of Jair Bolsonaro, and there are various scare stories about the new President Lula da Silva freezing bank accounts or forcing middle class homeowners and renters to house poor people in their homes. You can imagine the kind of stuff I’m talking about and how it can create hysteria in segments of the population in both countries.
But it’s a reminder of something I’ve thought a lot about and written some about over the last few years. We simply don’t have a good theory or understanding of what we’re talking about when we talk about “fake news” and “misinformation.” In most cases we know it when we see it: Jan. 6 was an Antifa operation, millions of “illegals” voting in 2020 gave the election to Joe Biden, young people around the world dropping dead because of COVID vaccines, mass shootings conducted by crisis actors to justify gun confiscation.
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