SCOTUS Has Set Up Tanya Chutkan To Fail In The Jan. 6 Case

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The High Court’s Cat’s Paw

We have our first glimpse of the mess that the Supreme Court’s abomination of a decision on presidential immunity created in the Jan. 6 case.

Special Counsel Jack Smith and Donald Trump filed a joint status report in the case late Friday that was barely joint at all. They agreed on one peripheral issue that is set by statute and not really disputable. On everything else, they disagreed and set out their respective positions.

The joint status report didn’t provide much clarity to U.S. District Judge Tanya Chutkan, who is going to have to hash out the Supreme Court’s mandate largely on her own. And that, more than the respective positions taken by each side, is really the point here.

The Supreme Court is treating Chutkan like its cat’s paw. In upending our historical and legal understanding of the limits of presidential immunity, the high court gave Chutkan vague instructions on remand, set uncertain legal standards for what she is to decide, and reserved for itself abundant opportunities to second guess her decisions.

Whatever pre-trial arrangements Chutkan comes up with to try to thread the needle on immunity, the Supreme Court will get another chance to bat around. By then, Trump could be president again and none of this will matter if he orders his own Justice Department to dismiss the case against him. In fact, Trump’s proposed pre-trial schedule pushes anything that poses a risk to him past Inauguration Day 2025.

Chutkan has scheduled a status conference for Thursday, when we might begin to get a clearer picture of how she envisions navigating the impossible task that she was given in bad faith.

Quote Of The Day

Let me be clear: the former president disrespected sacred ground, all for the sake of a political stunt.

Kamala Harris, in her first remarks on Donald Trump’s fiasco at Arlington National Cemetery

It’s Getting Worse

  • In a Friday incident at a Trump rally in Pennsylvania, a man stormed the press section before being detained by security, while Trump declared from the stage: “He is on our side.”
  • As his polling lead has slipped away, Trump has fronted his racist appeals more explicitly:
  • WaPo: Trump eyes plan that may give Elon Musk role in auditing U.S. agencies

The GWOT-MAGA Nexus

TPM’s Josh Kovensky: MAGA Looks to Notorious War On Terror Lawyer John Yoo For Trump II Inspiration

2024 Ephemera

  • ABC News/Ipsos poll: Harris leads Trump nationally among likely voters 52%-46%.
  • Politico: House and Senate Republicans are starting to panic about a huge money gap with Democrats
  • WaPo, on Trump’s strategy against Harris: “With little chance of improving Trump’s standing, Trump’s advisers see the only option as damaging hers.”

So Much Is Riding On Montana

TPM’s Kate Riga: “For Democrats to maintain Senate control, Senator Jon Tester (D-MT) needs to win reelection in a state Donald Trump won by 16.4 percentage points in 2020.”

What Ken Paxton Is Up To In Texas

WaPo: Paxton’s election fraud charges upend lives but result in few convictions

MUST READ

Convicted fraudsters Jacob Wohl and Jack Burkman have a launched a DC startup under fake names that purports to integrate AI into lobbying, Politico reports.

Axis Of Disinformation

  • WSJ: Beijing-Backed Trolls Target U.S. Voters as Election Nears
  • NYT: Activists Charged With Pushing Russian Propaganda Go on Trial in Florida

On Gumbo And Chronic Disappointment

A pivotal moment of Kamala Harris’ nomination acceptance speech at the Democratic convention was when she mentioned … gumbo.

On the one hand, it had to have been the first reference to gumbo by a nominee in their convention speech in American history, a thrilling moment for Louisianans everywhere. On the other hand, as a Louisiana friend and I were discussing the next day, what kind of bastardized version of gumbo was Harris exposed to in the Bay area? Ick!

Once you leave the state, or travel north of Ville Platte*, you know better than to order gumbo no matter how much you miss it. It’s a life lesson in chronic disappointment.

I was prepared to to leave it there, but then this happened and now I don’t know what to think:

That’s a real-deal greens recipe. There’s no one right way to prepare greens, but this is an entirely legit method. She’s talking the talk and walking the walk. Plus, she makes a big enough batch that she has to use her bathtub to wash the greens!?! Total respect.

But look, I’ve been down this road before, lured into a false sense of security that an out-of-state restaurant might be able to pull off gumbo. The chef is from Louisiana! The owner was stationed in Louisiana when he was in the military! We fly our ingredients in from Louisiana! And with pangs of wistfulness, I let my guard down, emotion overtakes reason, nostalgia for what was prevails over the hard reality of what is.

What emerges from the kitchen every time is a gloopy mess of a dish that is the wrong color, the wrong texture, the wrong ingredients, and tastes nothing like gumbo at all. You can slap whatever name on it you want, but it’s not gumbo.

Or as my skeptical Louisiana friend put it after watching Harris expound on greens: “Tabasco doesn’t cure gumbo fails.”

I know this game. Harris is Lucy and I am Charlie Brown.

*Editor’s note: It’s possible the cultural boundary line has nudged north since my youth, but when I start to see pine trees I know to expect Southern cooking, not Cajun.

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MAGA Looks to Notorious War On Terror Lawyer For Trump II Inspiration

As Trump allies seek to justify deploying the military at home — be it to round up undocumented immigrants, quell protests, or simply make an aggressive point — they’re looking again and again to the early 2000s. The nation is in crisis. An invisible enemy has attacked, requiring a powerful presidency to confront a novel threat.  

Continue reading “MAGA Looks to Notorious War On Terror Lawyer For Trump II Inspiration”

Keep an Eye on Those Favorability Numbers

We’re all destined for a couple months watching horse-race polls because many of us simply can’t help ourselves. (What is it? A desire for information? Managing anxiety? A questing play for agency over the contingent and unknown?) But I want to go back to something I mentioned a week or two ago: Kamala Harris’s favorability numbers, apart from the horse race. Those have now gone from a deficit of negative 17.4 percentage points on July 4th to .9 net negative percentage points today. (I’m using 538’s composite average just because I find that one easy to find and navigable.) As I mentioned in that earlier post, that kind of movement is, as far as I know, more or less unprecedented. You simply don’t get more popular these days. Not like that. Undulations, sure. But generally you get less popular over time, not more.

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Both Candidates Think They Can Win Over Union Voters—Though Only One Has The Labor Bona Fides

This article is part of TPM Cafe, TPM’s home for opinion and news analysis. It was originally published at The Conversation.

Democratic presidential nominee Kamala Harris and Republican nominee Donald Trump are in a tight race for the White House. Every voting bloc will count — including members of labor unions and other people in their households.

The majority of union leaders have over generations endorsed Democratic candidates, and this race is no exception. Although rank-and-file union members have also historically sided with the Democratic Party by large margins, that support has wavered for at least the past 45 years. In 2016, exit polls indicated that voters in union households supported Democratic nominee Hillary Clinton over Trump by only 8 percentage points, down from 18 percentage points in 2012 when Barack Obama was on the ballot.

No Democratic presidential nominee had fared worse with union voters since Ronald Reagan’s wins over Jimmy Carter and Walter Mondale in 1980 and 1984.

Union voters are particularly prominent in Michigan, Pennsylvania and Nevada, three swing states where the share of voters who belong to unions is above the national average of 10%.

A late 2023 New York Times/Siena College poll of six swing states that Joe Biden won in 2020 — those three plus Arizona, Georgia and Wisconsin — shows that Biden and Trump were tied at 47% among union voters when they were asked who they’d vote for in 2024. Biden had an 8 percentage point advantage with these same voters in 2020, according to a different survey.

3 key issues

Union voters, like all U.S. citizens, are concerned about many issues. But they are more likely than most people to seriously consider a candidate’s record in terms of support for workers and organized labor. Labor historians generally concur that the Biden administration has the second-strongest labor-friendly record, after Franklin D. Roosevelt.

And I find that historian Nelson Lichtenstein, who contends that Trump’s years in office were bad for organized labor, is representative of how labor experts see his track record.

In my view as a labor studies scholar, three aspects of the candidates’ records are the most likely to sway union members one way or the other.

Federal workers

Trump signed three executive orders in 2018 that restricted the labor rights of approximately 950,000 federal government employees who belong to unions. In 2020, he signed another measure, known as Schedule F, that The Washington Post described as “designed to gut civil service job protections.”

Biden rescinded those executive orders. He also established a White House task force charged with making recommendations for how to streamline the procedures for federal worker union organizing, which Harris chaired. The number of federal employees in unions has risen by tens of thousands during the Biden administration.

Union elections

Rules governing how elections are conducted once workers express an interest in forming a union date back to the 1930s, when Roosevelt signed the National Labor Relations Act into law. The National Labor Relations Board, created by that legislation, oversees union elections.

In 2019, when Trump appointees held a majority of the NLRB’s five seats, the board overturned an Obama-era NLRB ruling mandating speedy elections. In 2023, when Biden’s appointees were in the majority, the board issued a ruling favorable to unions that rolled back that Trump-era ruling.

Today, when a majority of workers in a workplace say they want union representation, an employer must either recognize and bargain with the union or seek an election. If that employer violates labor law in the period before the election, the election is called off and the NLRB may order the employer to recognize and bargain with the union.

OSHA

The Occupational Safety and Health Administration, a Labor Department agency, is responsible for U.S. workers’ health and safety.

Fewer workplace inspections occurred during the Trump administration than during Obama’s second term. This decline is largely attributable to the slow hiring of new OSHA inspectors to replace those who had retired.

The number of inspections is rising again. However, by OSHA’s calculations, workplace accidents and fatalities have increased during the Biden administration.

The Trump administration issued no workplace rules about coronavirus safety, leaving hundreds of thousands of people employed in health care, groceries, meatpacking and education at risk.

By comparison, two days after taking office in 2021, Biden issued an executive order that established masking guidelines, and his administration made health and safety protocols on the job during the rest of the COVID-19 pandemic a high priority.

Compared with the inaction by the Trump administration during the COVID-19 pandemic, the Biden administration has been more active in proposing health and safety measures. For example, in July 2024 it proposed rules designed to protect some 36 million workers from health risks associated with extreme heat. After a period for written comments, public hearings will be held on the bill.

When Trump tried cutting OSHA funding for 2018 by approximately US$10 million, Congress blocked his efforts. The Biden administration is seeking a 3.7% increase in OSHA’s budget for the 2025 fiscal year.

Legislative and gubernatorial records

Harris was a U.S. senator before she became vice president; her vice presidential running mate, Tim Walz, is the governor of Minnesota and was a member of Congress before that; and Republican vice presidential candidate JD Vance is currently a U.S. senator as well. The candidates’ records in those positions are also indicators of what they might attempt to do in the White House.

The AFL-CIO, the largest umbrella organization for U.S. unions, gave Harris a lifetime score of 98% on her Senate voting record. Walz got a 93% rating for his votes from the AFL-CIO when he served in the House of Representatives. He belonged to the National Education Association, the nation’s largest labor union, while working as a high school teacher.

As Minnesota’s governor, Walz signed into law paid sick days for the state’s workers and a measure that made Minnesota the first state to establish a minimum wage for Uber and Lyft drivers. In 2023, Walz also signed a law that established the Nursing Home Workforce Standards Board to oversee the health and welfare of nursing home workers.

The AFL-CIO has given Vance a 0% rating for his Senate votes as of mid-2024. Among other things, Vance opposed the nominations of several judges and government officials with pro-labor track records. https://www.youtube.com/embed/A9_1uWCwP0c?wmode=transparent&start=0 Support from labor unions could prove critical in the 2024 presidential race.

Addressing auto workers

Perhaps the most visible sign of Biden’s support for labor unions came when he walked a Michigan picket line with striking members of the United Auto Workers in September 2023. He was the first president to do so.

Trump turned up nearby the next day. He gave a speech at a nonunion auto parts plant.

More recently, Trump did himself no favors with labor voters and their allies when, in a highly publicized conversation with Tesla, SpaceX and X CEO Elon Musk, he praised Musk for firing employees who spoke out on workplace problems and attempted to unionize.

How union households will vote in 2024 is not clear. But there’s no doubt that the Harris and Trump campaigns are certain that it will matter, just as it did in 2020, when Biden narrowly won Michigan, Wisconsin and Pennsylvania – and in 2016, when Clinton lost those states.

The Conversation

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Jon Tester Will Determine The Country’s Fate For The Next Four Years

For Democrats to maintain Senate control, Senator Jon Tester (D-MT) needs to win reelection in a state Donald Trump won by 16.4 percentage points in 2020. 

Continue reading “Jon Tester Will Determine The Country’s Fate For The Next Four Years”

Mailer Storm

To follow up on the post below, I’m not sure I agree with what seems like the relative pessimism, if I’m reading it right. But look what TPM Reader JL says about the saturation bombing of mailers. I at least read this a bit differently. It sounds like they’re sending these things out indiscriminately to people who are solid Democratic partisans.

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Downcast About PA

From TPM Reader AB

About Pennsylvania.

Like you, I think Pennsylvania will be key to the election, and I am not sure how it will go. I live in Western PA coal country, and a number of people have noted fewer Trump signs. That is true, but I think a lot of the non-sign people will still vote for Trump. A grudging vote counts just as much as an enthusiastic one. I also don’t think there is anything Harris can do to win them over. What they really like about Trump is his sense of grievance, and his whining. They don’t want policies to bring back the golden days when coal miners all had a gold plated Rolls Royce.

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They’re All My Graves, Son

We’ve all been living with Trump for eight years now. He’s done so much, and so much has been written about him, that it’s hard to be surprised. For a writer, it’s hard to find anything new to say: we all know who he is, his appeal and how he operates are, by now, extremely familiar. 

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The State of the Race

Just before Labor Day, often treated as the quasi-official kick-off of the presidential election season proper, I wanted to share some notes on the state of the race — what the polls say, what they mean and whatever other scraps of information I’ve been able to pick up and glean.

Overall, I see a race that remains close, uncertain, but in which Kamala Harris holds a small but general advantage.

Let’s start with the shift from mid-summer and Harris’ entry into the campaign. When Biden left the race he was three or four points behind Trump in the national polls and was behind in all the swing states. This represented a small but critical drop from where he was in June before the debate. (Much of that drop was in the week prior to leaving the race.) Over the course of August, Harris moved from that starting point into a three- or four-point lead in national polls. So a shift of seven or eight points in Democrats’ direction, where she more or less remains. At the state level, Harris is now ahead or roughly tied in all the swing states. North Carolina, meanwhile, is now firmly in the swing state group, where it really hadn’t been under Biden.

Continue reading “The State of the Race”