Donald Trump was resoundingly voted back into the White House after running a sloppy campaign centered on lamenting the economy and anti-trans and anti-immigrant rhetoric.
A country-wide rightwing shift also helped deliver Republicans the Senate, though they were always favored by the map. The races in some key swing states have yet to be called, which will determine the size of the Republican majority.
The fight for the House is still competitive, and may take days or weeks to conclude. Devastated Democrats will be desperate to flip the lower chamber as a check on Trump’s agenda.
The post-mortems that Dems go through every time we lose an election are brutal and stupid. Everything is thrown at the wall, we argue for months over tiny issues that we’re sure lost us the election.
The most chilling moment of the election night carnage came a little before 1 a.m. ET.
It wasn’t yet confirmed that Donald Trump would win, but the writing was on the wall.
Assessing the newly transformed MAGA-friendly political landscape, the pro-Trump lobbyist and political commentator David Urban said on CNN: “Democracy is a luxury when you can’t pay your bills.”
Democracy as a luxury. Democracy in good times only. Democracy when it suits you.
This mindset – a precursor to fascist regimes in other countries – is why it feels like a white-wash to ascribe Trump’s victory to economic issues. It feels like a safe, socially acceptable reason to cite for rejecting Kamala Harris and the Biden baggage she carried.
It’s easy for political reporters and TV commentators to slip into gentle analysis of the election results by focusing on the economic factors (to the exclusion of misogyny, racism, and host of other drives of the electorate). But it doesn’t necessarily follow that Biden-era inflation and post-pandemic backlash means jettisoning democracy. That’s a choice.
When we talk about democracy as a luxury that means everything that comes with democracy: free and fair elections, majority rule, and the rule of law.
And so America’s experiment in autocracy begins …
Jack Smith Prepares To End Trump Prosecutions
In the most stinging post-election development, the Justice Department let it be known publicly Wednesday that it plans to wind down the prosecutions of Donald Trump in the Jan. 6 and Mar-a-Lago cases before Inauguration Day. The move is a reflection of a long-standing DOJ position that a sitting president cannot be prosecuted, a position cited favorably by the Supreme Court in its horrendous decision on presidential immunity.
Among the developments:
“Justice Department officials began signaling that they are eyeing how best to shut down the cases.”–Politico
“Now that Trump will become president again, DOJ officials see no room to pursue either criminal case against him — and no point in continuing to litigate them in the weeks before he takes office, the people said.”–NBC News
“The mechanics of how the cases will wind down will become clear in the coming days as court deadlines approach.”–Bloomberg
While it’s not clear if Smith will issue a final report on his investigations, Attorney General Merrick Garland has said he would make special counsel reports public if they reached his desk.–WaPo
Jan. 6 Defendants Seek Delays In Hope Of Trump Pardons
Some Jan. 6 defendants seized on Trump’s election victory to seek delays in their cases so that they can be pardoned once Trump is sworn into office. One such request has already been already denied by a federal judge in DC.
Hush Money Conviction May Go Away, Too
It’s not clear whether Donald Trump will ever be sentenced for his conviction in the New York state hush money case. Sentencing is scheduled for Nov. 26. Judge Juan Merchan is expected to issue his decision Tuesday on whether to throw out the conviction.
Who’s To Blame For Trump Dodging The Law?
Ankush Khardori: “We have just witnessed the greatest failure of federal law enforcement in American history.”
‘An Already Battered Democracy’
“Donald Trump’s return to the White House signals a significant breakdown of an already battered democracy, experts say. Almost as dangerous, they contend, much of the electorate sees him as democracy’s savior.”–WaPo
Quote Of The Day
“America has revealed to us her true self, and we have to decide what we do with her from here.”–Waikinya Clanton, founder of the organizing group Black Women for Kamala
THE TELL: MAGA Election Denialism Disappeared
“As soon as it started to look like Trump was going to win, the election denialism went very, very quiet,” said Welton Chang, CEO of a company that monitors fringe social networks, told the NYT.
Biden Extends Courtesy Trump Never Gave Him
In a phone call Wednesday, President Biden invited President-elect Donald Trump to the White House for a transition meeting in the next few days. Trump accepted.
Harris Concession Speech
Hard to watch:
House Prospects Not Looking Good For Democrats
It’s increasingly looking like Donald Trump will return to office with Republican control of both chambers of Congress:
“House state of play: Republicans have a more robust path to 218 seats than Dems. Roughly 15 races left w/ a decent amount of uncertainty, and the midpoint outcome is pretty close to the current House breakdown, 221R-214D.”–Dave Wasserman
“Democrats’ path to retaking the House now hinges on winning nearly all of the still-uncalled races, mostly in the West.”–Semafor
“Democrats are increasingly concerned that California may not bring the wins they need.”–WaPo
Latinos: Harris barely won majority support among Latinos.
Silver Linings?
Abortion: “Seven of the 10 states with abortion on the ballot chose to protect the right Tuesday — and Florida would have too, if it wasn’t subject to a 60-vote supermajority threshold.”–TPM’s Kate Riga
VA-07: Former Army Lt. Col Eugene Vindman, a key figure in the first Trump impeachment, won election to the House.
“With full control of Congress, [Republicans] could push through tax changes without needing Democratic votes, just as they did in 2017. Back then, they set the bulk of those tax cuts to expire after eight years—at the end of 2025—teeing up next year’s debate and gambling that a future Congress would extend them. That bet is on the brink of paying off.”–WSJ
Gitmo Pleas For 9/11 Plotters Are Back In Effect
A military judge ruled that Defense Secretary Lloyd Austin acted too late and beyond his authority in cancelling the plea agreements of three accused 9/11 plotters housed at Guantánamo Bay, including Khalid Shaikh Mohammed.
ICYMI
“North Korean troops have entered the fight in Russia’s war against Ukraine, clashing for the first time with Ukrainian forces who are occupying a large chunk of Russia’s Kursk region, according to a senior Ukrainian official and a senior U.S. official.”–NYT
The Biggest Election Impact Of All
Trump’s victory is a catastrophic development for the energy transition and the effort to avert the most cataclysmic effects of climate change. As if on cue, the European Union’s Copernicus Climate Change Service announced Wednesday that 2024 is almost certain to surpass 2023 as the warmest year on record.
Good morning, my name is R(***) L(***) and I’ve been a long time reader going back probably 15+ years. I really enjoy reading your content, and lately I’ve been listening to your podcast as well. I’m listening to Episode 348 and just wanted to offer Miss Riga support on her analysis – at around 19:00 – that while we should be mindful of the message and how we shape it and who we target as Democrats, whether you are a progressive Democrat or (like myself) a pro-labor Democrat. I’m really aware of the fact that as a firefighter, we have firehouse kitchen table talks daily. I am constantly finding myself saying “Where are you getting your information from?” And the reality is that people are in their own bubble because of social media and the way people consume media now.
Twenty-two year reader here. I came back for a visit today looking for some astute commentary with grim humor, but there’s none to be found — which is appropriate, given the circumstances.
Last night, and like many others, I felt ill upon realizing that this was the new political reality: an unabating descent into authoritarianism and autocracy. As a lawyer, I cannot imagine what is going to happen to our federal judiciary — both the Supreme Court and otherwise. I know that my illness has become a chronic one. I know that it won’t go away, and it may even result in my/our demise. Nevertheless, I feel oddly calm.
More concretely, in analyzing the election results, I want to offer the following thoughts
I’ve been alternating between depression, anger, and bewilderment today. I see things like
At issue [regarding Jack Smith], per NBC, is the long-standing DOJ policy we became so familiar with in Donald Trump’s first term: that a sitting president cannot be prosecuted.
And I think, at this point who the fuck cares about “long-standing DOJ policy”?! It’s also long-standing DOJ policy that a president doesn’t summarily fire independent counsels investigating him. If only Biden had just fired the investigators of Hunter he could have been done with it. But no, we have to follow long-standing policy. Trump can do whatever he wants, but the rest of us are just chumps.
Usually I agree with your takes, but not with what seems to be your acceptance of the idea that the Trump victory was part of the global rejection of incumbents because of post-pandemic misery. The failures were two: first, Biden’s signal failure to educate the American public about the post-pandemic situation and what his policies were doing to get us through this period. We see the trade off: a few more points of unemployment means suffering for a relatively small group but reduces inflationary pressures that would lead to price increases for the population as a whole. Inflation — precisely because it expresses itself across the general population is politically riskier than protecting the well-being of the otherwide unemployed, a fraction of the population. You can defend the policy choice for more stimulus on grounds of compassion and the common enterprise, but do recall any such case? I don’t. You know Bill Clinton would have been making that case. And more generally to explain and defend success in navigating the post-pandemic environment.
Special Counsel Jack Smith is reportedly in talks with officials at the Department of Justice to “wind down” his two prosecutions of President-elect Donald Trump; one over January 6, and the other over his retention of classified documents from his first term.
Here are some scenes around America on Election Day.
Voter delivers ballot to ballot box in Hawaii
TOPSHOT – Charlotte Lau drops off her ballot at a drop box in Honolulu, Hawaii, on Election Day, November 5, 2024. (Photo by Eugene Tanner / AFP) (Photo by EUGENE TANNER/AFP via Getty Images)
A dog walker makes a stop at a polling station in San Francisco
A dog walker stops by a garage converted into a polling station to chat with election workers in San Francisco on November 5, 2024. You can really feel at home while voting in San Francisco — literally. “I cook things… we eat all day,” laughs Angelo Figone, a retiree who runs a polling station in his garage, a common practice in the Californian city. “It’s always nice. The more people you see, the better.” On one of the city’s vertiginous streets, a large blue sign outside tells all-comers that they can cast their ballots here between 7:00 am and 8:00 pm. (Photo by Julie JAMMOT / AFP) (Photo by JULIE JAMMOT/AFP via Getty Images)
Voters at the polls in Dearborn, Michigan
DEARBORN, MICHIGAN – NOVEMBER 05: Voters wait in line to vote at the Lowrey School on November 5, 2024 in Dearborn, Michigan. Americans cast their ballots today in the presidential race between Republican nominee former President Donald Trump and Democratic nominee Vice President Kamala Harris, as well as multiple state elections that will determine the balance of power in Congress. (Photo by Gregory Shamus/Getty Images)
Voters in Chicago use a laundromat as their polling place
Voters cast their ballots on Election Day at a polling location inside the Su Nueva Lavanderia in Chicago, Illinois, on November 5, 2024. (Photo by KAMIL KRZACZYNSKI / AFP) (Photo by KAMIL KRZACZYNSKI/AFP via Getty Images)
Voters wait in line in Washington D.C.
WASHINGTON, DC – NOVEMBER 5: Voters stand in line at a local polling station on November 5, 2024 in Washington, DC. Americans cast their ballots today in the presidential race between Republican nominee former President Donald Trump and Democratic nominee Vice President Kamala Harris, as well as multiple state elections that will determine the balance of power in Congress. (Photo by Paula Bronstein/Getty Images)
A mobile outdoor vote center at SoFi Stadium in Los Angeles
A woman arrives with her dog to vote at a mobile outdoor vote center at SoFi Stadium in Los Angeles, California, on Election Day, November 5, 2024. (Photo by Robyn Beck / AFP) (Photo by ROBYN BECK/AFP via Getty Images)
An Amish man votes in Witmer, Pennsylvania
TOPSHOT – An Amish man votes at a polling station at the Witmer Fire Department in Witmer, Pennsylvania, on Election Day, November 5, 2024. (Photo by Ryan Collerd / AFP) (Photo by RYAN COLLERD/AFP via Getty Images)
Voters wait in line in Philadelpha, Pennsylvania
PHILADELPHIA, PENNSYLVANIA – NOVEMBER 5: Voters wait on line to cast their ballots at the Herron Recreation Center on November 5, 2024 in Philadelphia, Pennsylvania. Americans cast their ballots today in the presidential race between Republican nominee former President Donald Trump and Democratic nominee Vice President Kamala Harris, as well as multiple state elections that will determine the balance of power in Congress. (Photo by Heather Khalifa/Getty Images)
A dog waits for it’s owner outside a polling center in Miluakee, Wisconsin
MILWAUKEE, WISCONSIN – NOVEMBER 5: A dog waits outside for his owner to return from voting at the South Shore Pavilion on November 5, 2024 in Milwaukee, Wisconsin. Americans cast their ballots today in the presidential race between Republican nominee former President Donald Trump and Democratic nominee Vice President Kamala Harris, as well as multiple state elections that will determine the balance of power in Congress. (Photo by Andy Manis/Getty Images)
A polling center in Colebrook, New Hampshire
TOPSHOT – A woman checks in to vote at a polling station at Colebrook Academy and Elementary School in Colebrook, New Hampshire, on Election Day, November 5, 2024. (Photo by Joseph Prezioso / AFP) (Photo by JOSEPH PREZIOSO/AFP via Getty Images)
A dog watches as people vote in New York City
A dog looks on as people vote at a polling station in New York City on Election Day, November 5, 2024. (Photo by Leonardo Munoz / AFP) (Photo by LEONARDO MUNOZ/AFP via Getty Images)
A voter and their service dog in Las Vegas, Nevada
Erin Baden-Dewispelaere votes with her service dog Bentley at her feet at a polling station in Las Vegas, Nevada, on Election Day, November 5, 2024. (Photo by Ronda Churchill / AFP) (Photo by RONDA CHURCHILL/AFP via Getty Images)
Voters wait in line in Nazareth, Pennsylvania
TOPSHOT – People wait in line to vote outside a polling station at the Dryland United Church of Christ on Election Day in Nazareth, Pennsylvania on November 5, 2024. (Photo by SAMUEL CORUM / AFP) (Photo by SAMUEL CORUM/AFP via Getty Images)
People vote at the Church of Heavenly Rest in the Manhattan
People vote at the Church of Heavenly Rest in the Manhattan borough of New York City on Election Day, November 5, 2024. (Photo by David Dee Delgado / AFP) (Photo by DAVID DEE DELGADO/AFP via Getty Images)
A voter and their dog in Phoenix, Arizona
PHOENIX, ARIZONA – NOVEMBER 05: A dog is walked past the polling location at the Burton Barr Central Library on November 05, 2024 in Phoenix, Arizona. Americans cast their ballots today in the presidential race between Republican nominee former President Donald Trump and Democratic nominee Vice President Kamala Harris, as well as multiple state elections that will determine the balance of power in Congress. (Photo by Christian Petersen/Getty Images)
Voters cast their ballots at a polling station inside a mall in Las Vegas
HENDERSON, NEVADA – NOVEMBER 05: Voters cast their ballots at a polling station inside the Galleria at Sunset mall on November 05, 2024 in Las Vegas, Nevada. Americans cast their ballots today in the presidential race between Republican nominee former President Donald Trump and Democratic nominee Vice President Kamala Harris, as well as multiple state elections that will determine the balance of power in Congress. (Photo by David Becker/Getty Images)
People voting in Brooklyn, New York
TOPSHOT – People vote at a polling station in the Brooklyn borough of New York City on Election Day, November 5, 2024. (Photo by David Dee Delgado / AFP) (Photo by DAVID DEE DELGADO/AFP via Getty Images)
A voter and their dog get in line in Mesa, Arizona
MESA, ARIZONA – NOVEMBER 05: Voters arrive to the Mesa Convention Center polling location on November 05, 2024 in Mesa, Arizona. Americans cast their ballots today in the presidential race between Republican nominee former President Donald Trump and Democratic nominee Vice President Kamala Harris, as well as multiple state elections that will determine the balance of power in Congress. (Photo by Christian Petersen/Getty Images)
People voting in Allenton, Wisconsin
TOPSHOT – People vote at a polling station at Addison Town Hall in Allenton, Wisconsin, on Election Day, November 5, 2024. (Photo by Alex Wroblewski / AFP) (Photo by ALEX WROBLEWSKI/AFP via Getty Images)