How To End Debt Ceiling Brinkmanship For Good

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

What Killing The Debt Ceiling Actually Looks Like

I want to use the news that the White House has set up a team to explore ways to kill or work around the debt ceiling as a jumping off point for talking about how to end the GOP’s hostage-taking on this issue. It looks very different from what’s happened over the past decade and is much more robust than the magical solutions people were demanding from the Biden White House just a few weeks ago.

If you really want to end the brinkmanship that the Republican Party has engaged in for more than a decade now, you have to think big and long term. You can’t wait until the country is on the brink of a default to fall back on a platinum coin or the 14th Amendment or whatever other outside-the-box solution you might favor.

There are a few things you have to do first, in reverse chronological order:

  • Act Early: To calm the markets and creditors, you have to announce that you’re disregarding the debt limit way in advance. You can’t let the drumbeat of default talk build over time and begin to strain markets and create a crisis atmosphere. You have to pre-empt all of that with a measured, deliberate, transparent, forward-looking strategy that takes the crisis element out of play.
  • Create A Mandate: But before you do that, you have to build popular support for a debt-ceiling workaround. I don’t mean getting people fired up about the debt ceiling because that ain’t happening. But you do have to campaign on it, make it a part of your political agenda, and be able to declare that you were elected after having explicitly said what you were going to do. In short, you have to give yourself a mandate.
  • Lay The Groundwork: Meanwhile, you need advocacy groups, think tanks, and scholars flooding the zone with legitimate research, compelling arguments, targeted white papers, and convincing op-eds explaining over and over what needs to be done and why, how your workaround won’t tank the markets, why it will better protect the economy than the alternatives, and impressing upon the public the urgency of stopping debt ceiling brinkmanship.
  • Work The Courts: Finally, if your workaround is going to face legal challenges – and it almost certainly will – you need to be laying the jurisprudential foundation for it years in advance. You need to figure out your workaround’s legal vulnerabilities. You need to start crafting defenses now, then test them in court. You may need to use cases that are totally unrelated to the debt ceiling to build the legal framework for bolstering your workaround or defending against legal attacks on it.

It’s easy for me to say it now, but in the absence of almost any of the above having been done in advance of this year’s debt ceiling hostage-taking, I was deeply skeptical that the Biden White House would or even could take any of the recommended dramatic steps to upend the GOP’s favored debt-ceiling dynamic, which is to create a crisis and then demand concessions for ending the crisis.

Democrats wasted the decade between the last serious debt-ceiling standoff and this one, when the steps I outline above could and should have been taken to shield themselves from a replay of what Republicans did to Obama. Refusing to negotiate with Republicans simply isn’t enough. You can try to pretend that the debt-ceiling isn’t a pressure point, but it’s already been proven to be. It was proven again this year.

The ultimate goal is to neutralize any crisis atmosphere by not letting it develop in the first place. You don’t have your own Treasury Department issuing countdown warnings. You don’t track the date of “default” like the ball dropping in Times Square on New Year’s Eve. You create all the predictability and provide all the assurances that the markets and creditors need way in advance, from your first day in office. You shift the entire paradigm.

The news that the White House has a team looking at the issue is a small but potentially important step – if it is part of a larger strategy along the lines I’ve outlined here.

Trump Losing His Ever-Loving Mind

As we await a Trump indictment in the Jan. 6 case, you should have on your radar some of the incitement he’s been engaging this week:

Indictment Watch

Just Security: Unpacking the “Surprise” Crime in DOJ’s Target Letter to Trump

Randall Eliason: Here’s what the indictment might look like

David French: Building a Legal Wall Around Donald Trump

Weird Episode In DC Federal Court

Trump judge scolds Special Counsel Jack Smith’s team for causing a delay in unrelated Jan. 6 case.

Federal Judge Blasts Tucker Carlson’s Jan. 6 Propaganda

A Reagan-appointed federal judge in DC rejected the QAnon shaman’s bid to throw out his own guilty plea and took aim at the Tucker Carlson’s Jan. 6 propaganda.

‘Try That In A Small Town’

  • Paul Waldman: Jason Aldean cashes in on the right-wing fantasy of violent retribution
  • WaPo: The outrage over Jason Aldean’s ‘Try That in a Small Town,’ explained
  • The music video, which Country Music Television has pulled from its rotation, was shot in front of a Tennessee courthouse that was the site of a 1920s lynching:

I share the video so you can see the imagery yourself.

Have A Great Weekend With Whichever One You See!

(Photo by JULIEN DE ROSA and Jung Yeon-je / AFP) / XGTY (Photo by JULIEN DE ROSA,JUNG YEON-JE/AFP via Getty Images)

Like Morning Memo? Let us know!

Federal Judge Slams Tucker Carlson For Misleading Jan. 6 Segment

A federal judge slammed the Jan. 6 riot segment former Fox anchor Tucker Carlson hosted in March 2023 — after receiving exclusive access to the Capitol building security footage from House Speaker Kevin McCarthy (R-CA) — calling the broadcast “replete with misstatements and misrepresentations … too numerous to count.”

Continue reading “Federal Judge Slams Tucker Carlson For Misleading Jan. 6 Segment”

Dem AGs Urge Companies To Ignore Republican Attempts To ‘Intimidate’ Following Affirmative Action Ruling

Democratic attorneys general from 20 states and the District of Columbia sent a letter to the biggest corporations in the U.S. on Wednesday, reassuring them that corporate diversity programs and hiring efforts that take diversity into consideration are still legal. The letter, addressed to Fortune 100 CEOs, came as a response to a separate letter a group of Republican attorneys general sent last week to the same group of corporations warning them to refrain from using racial preferences in hiring and promotion decisions, suggesting the Supreme Court decision gutting the use of affirmative action in college admissions extended to the companies.

Continue reading “Dem AGs Urge Companies To Ignore Republican Attempts To ‘Intimidate’ Following Affirmative Action Ruling”

Kevin McCarthy Promised To Expunge Trump’s Two Impeachments???

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

This Takes The Cake

As we await the imminent indictment of Donald Trump for attempting to overturn the 2020 election, Speaker Kevin McCarthy (R-CA) has secretly promised Trump that the House will vote before the August recess to expunge his two impeachments – including the one for the Jan. 6 attack, Politico is reporting.

It all arises from McCarthy’s effort to stay neutral in the GOP presidential primary and hold off on making an endorsement, which has incensed Trump:

To calm Trump, McCarthy made him a promise, according to a source close to Trump and familiar with the conversation: The House would vote to expunge the two impeachments against the former president. And — as McCarthy would communicate through aides later that same day — they would do so before August recess.

McCarthy, for his part, kinda sorta maybe denies making such a promise:

The speaker has denied that he made such a promise to Trump at all, according to one Hill aide. From McCarthy’s point of view, he merely indicated that he would discuss the matter with his members — putting him and Trump on a collision course.

The whole story is revealing window into the internal divisions and psychology of the House GOP conference. Worth a read while you await Trump’s new indictment.

Indictment Watch

Some corrective reporting over the last 24 hours about what was actually in the target letter Trump received from Special Counsel Jack Smith. As I mentioned briefly in yesterday’s Morning Memo, Rolling Stone and ABC News offered similar accounts of which federal criminal statutes were cited in the target letter. Neither outlet had seen the letter, and they each relied on source(s) who had.

Subsequent reporting by the NYT and Guardian about the target letter reported one notable difference. This gets weedy quick, but I’ll keep it high level. The initial reporting said the target letter cited 18 U.S.C. 242: Deprivation of Rights Under Color of Law. The later reporting said, no, it was 18 U.S.C. 241: Conspiracy Against Rights.

The NYT has the best rundown on the elements of that crime:

Congress enacted that statute after the Civil War to provide a tool for federal agents to go after Southern whites, including Ku Klux Klan members, who engaged in terrorism to prevent formerly enslaved African Americans from voting. But in the modern era, it has been used more broadly, including in cases of voting fraud conspiracies.

There is a historical resonance to a Section 241 charge, since the effort to overturn the 2020 election and the attack on the Capitol were inextricably bound up with racism and white supremacy. But I don’t want to get too far ahead of ourselves yet.

The indictment will speak for itself. You’ll recall that the Trump World leaks about the Mar-a-Lago indictment suggested it contained only seven counts, not the 30+ counts the grand jury actually indicted on. So be patient.

Trump Quietly Adds New Attorney In Jan. 6 Probe

John Lauro, a former federal prosecutor in Brooklyn who is now a criminal defense attorney in Florida and New York, CNN reports:

Lauro will be solely focused on special counsel Jack Smith’s investigation into the aftermath of the 2020 election and was part of the team attempting to find out whether others in Trump’s orbit received target letters after Trump did Sunday night.

It appears that Todd Blanche remains Trump’s lead lawyer on the Jan. 6 case.

Counterpoint

Yesterday’s Morning Memo was a paean to the vindication of the rule of law that a Jan. 6 indictment of Trump would represent.

Charles Blow is not so moved: Why Trump’s Indictments Don’t Feel Like Part of the Finale.

Cannon Shoots Down DOJ In MAL Case

Not a huge deal yet, but U.S. District Judge Aileen Cannon did reject the Justice Department’s request for a protective order under CIPA for classified information in the Mar-a-Lago case. She cited a failure to confer with Trump’s defense team about the protective order. You’ll recall that prosecutors said they tried to confer but were rebuffed. Cannon said that after conferring with Trump’s team, prosecutor can reapply for a protective order.

Still No Trial Date From Cannon

Judge Cannon promised to promptly issue an order setting a trial date for the Mar-a-Lago case. I thought she’d rule within 36 hours hours. Nada so far. Stay tuned.

ICYMI

Anna Bower reports on what it was like inside Tuesday’s Mar-a-Lago hearing.

Get Ready

AJC: Atlanta law enforcement readies for a possible Trump indictment

No Dice, Trump

A federal judge has rejected Donald Trump’s effort to remove the Manhattan DA Alvin Bragg’s hush money prosecution to federal court.

E. Jean Carroll Just Keeps Winning

A federal judge rejected Donald Trump’s bid for a new trial in the E. Jean Carroll II case.

MAGA!

A New Jersey Ponzi schemer who was freed from prison by then-President Trump in one of last official acts in the White House has been charged by federal prosecutors in a new unrelated scheme.

There’s an emerging pattern here.

Former Rand Paul aide Jesse Benton was pardoned by Trump and then was later indicted on new unrelated charges and sentenced to a prison term.

Trump Agrees To Return Israeli Antiquities

The WSJ has the story of how Israeli national treasures ended up marooned at Mar-a-Lago.

The Professional Clarence Thomas Stans

WaPo: Influential activist Leonard Leo helped fund media campaign lionizing Clarence Thomas

Oh No …

Rep. Marjorie Taylor Greene (R-GA) went nuts even by our low standards for her, displaying graphic images of a Hunter Biden sex tape during a House hearing.

Maybe MTG Was Still Smarting From This

Like Morning Memo? Let us know!

While Defending Supreme Court, Graham Can’t Help But Admit Justices Need ‘To Get Their House In Order’

Sen. Lindsey Graham (R-SC), the Republican ranking member on the Senate Judiciary Committee, on Wednesday noted that the Supreme Court justices need “to get their house in order,” all the while insisting that Congress needs “to stay out of the Court’s business.” 

Continue reading “While Defending Supreme Court, Graham Can’t Help But Admit Justices Need ‘To Get Their House In Order’”

House GOP Strips Funding From LGBTQ+ Related Earmarks In Latest ‘Wokeness’ Witch Hunt

Republicans on the House Appropriations committee stripped funding from three projects aimed at providing services to the LGBTQ+ community during Tuesday’s fiscal Department of Transportation and Housing and Urban Development appropriations markup, turning an ordinarily uneventful process into a tense and antagonizing meeting.

Continue reading “House GOP Strips Funding From LGBTQ+ Related Earmarks In Latest ‘Wokeness’ Witch Hunt”

The Crypto Market Crash Is Not Stopping Melania Trump From Selling NFTs

Former First Lady Melania Trump is hoping to go, as they say in the crypto community, to the moon. Despite crashes that have hit the crypto and NFT market hard in recent months, Melania Trump announced the launch of a new “limited-edition digital collectible” on Tuesday. Her new NFT, “Man on the Moon,” is being marketed as a celebration of the moon landing, which occurred 54 years ago this week. 

Continue reading “The Crypto Market Crash Is Not Stopping Melania Trump From Selling NFTs”

Cluster Bombs: What The US Debate Looks Like From Ukraine

The Biden administration’s decision to provide Ukraine with cluster munitions earlier this month set off a furious debate, with many Democrats and a few MAGA Republicans trying to move a measure through Congress which would block the U.S. from transferring the bombs.

Continue reading “Cluster Bombs: What The US Debate Looks Like From Ukraine”