Category Archives: Congress

Mike the Misinformed

Republicans scraped the bottom of the barrel last October when they elected the little-known Mike Johnson of Louisiana Speaker of the House of Representatives and second in line to the Presidency of the United States. Johnson emerged as the fourth Republican nominee in what had become a clown show of political infighting after the Republican caucus threw out Speaker Kevin McCarthy. Johnson’s election required fifteen votes.

McCarthy was voted out of the job in an extraordinary showdown, a first in U.S. history, forced by a gang of hard-right conservative Republicans. The vote threw the House and its Republican leadership into chaos. McCarthy’s crime was to have reached a bipartisan agreement with Democrats to fund the government for a brief period to prevent a shutdown.

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Election 2024 and the Supremes

I remember vividly the decision of the United States Supreme Court in Bush v. Gore, 531 U.S. 98 (2000). The Supremes had opined on elections many times before. But this was the first time the top court literally decided an election, stopping the ballot counting process still under way in Florida, and declaring George W. Bush the winner and 43rd President of the United States.

Moreover, it came to its decision by a party-line vote of 5 to 4. That led many to question the validity of the decision, which was based on the determination that the vote counting in Florida would violate the due process clause of the Fourteenth Amendment. Note I wrote “would” rather than “did”. The Bush Court apparently consulted a soothsayer and reached its conclusion based on a prediction, not an actual event. We can never know if it was right.

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The Nuts Factor

This is nuts. That’s all I could think as I listened to D. John Sauer, an attorney for Donald Trump, with Trump sitting in the front row of the courtroom, tell a panel of the United States Court of Appeals for the District of Columbia that it should overturn a decision of the district court and dismiss the federal indictment against Trump for crimes connected to the January 6, 2020, mob assault on Congress.

To recap, on August 1, 2023, Special Counsel Jack Smith charged Trump with four federal criminal counts after a grand jury investigation into Trump’s attempt to overturn the 2020 election, culminating in the January 6th insurrection. In October 2023, Trump claimed in the case that he had absolute immunity from prosecution for actions he took as president but Judge Tanya S. Chutkan, the trial judge in the case, rejected (opinion here) Trump’s claim, finding that “neither the Constitution nor American history supported the contention that a former president enjoyed total immunity from prosecution.” Trump appealed the ruling.

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GOP Clown Show Continues

When we last visited the Clown Show, in January of 2023, we were talking about the farce the Republicans put on trying to elect a Speaker of the House of Representatives. Kevin McCarthy of California finally won the post on a historic fifteenth ballot. But power really lay with roughly fifteen right-win radical Republicans, who battled McCarthy relentlessly.

I took a break from this subject as the GOP stumbled though one of the least productive House sessions on record. Now it’s time to catch up.

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Yes or No?

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(L-R) Dr. Claudine Gay, President of Harvard University, Liz Magill, President of University of Pennsylvania, Dr. Pamela Nadell, Professor of History and Jewish Studies at American University, and Dr. Sally Kornbluth, President of Massachusetts Institute of Technology, testify before the House Education and Workforce Committee at the Rayburn House Office Building on December 05, 2023, in Washington, DC. The Committee held a hearing to investigate antisemitism on college campuses.

Let me give you a piece of advice. If someone asks you if calling for the genocide of the Jewish people violates the standards of your organization, the answer is “Yes!” Do not equivocate. Do not hesitate. Do not turn to your lawyer and ask for a legal brief balancing the right of free expression against the fighting words involved in a call for the violent elimination of a race of people. Just say, “Yes!”

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Dianne Feinstein

Dianne Feinstein, senior Senator from California, passed away over the weekend at the age of ninety. The last year was not easy for Senator Feinstein. Frail and ailing, she spent several months at her home in San Francisco. When she finally returned to the Senate, she was wheelchair bound and appeared at time to be unsure of her surroundings. It was not a fitting end and many, including me, wondered if the rules of Congress are such that they force infirm representatives to remain on the job after they were no longer able to do the job.

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Who the Hell is Tommy Tuberville?

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9-11 Insert

This is the twenty-second year since the 9-11 attacks. An entire generation has passed. My memories of that day written two years ago can be found posted here.


In a Washington Post op-ed published on Monday night, the civilian secretaries of the U.S. Army, Navy and Air Force sharply criticized Sen. Tommy Tuberville, the Alabama Republican “who is blocking the confirmation of our most senior military officers,” as they put it. It was a most remarkable document. And one which must have been a great comfort to the military leadership in China, Russia, Iran, and North Korea.

Tuberville is an anti-choice conservative and a staunch supporter of Donald Trump. He is an Alabama dilettante who decided after a successful career as a football coach, he might like to be a United States senator. The people of Alabama, one of the least educated of the United States, agreed and sent him to Washington in 2021.

Tuberville has single-handedly placed a “blanket hold” on the appointments of all “general and flag officer nominees” in all branches of the U.S. military. He strongly opposes what he calls “Defense Department policies that ensure service members and their families have access to reproductive health” — and, more specifically, to abortion services — “no matter where they are stationed.” The gist of this policy is that service members in states where abortion is now illegal or sharply restricted may travel at government expense to jurisdictions where it is permitted, a policy Tuberville and other Republicans strongly oppose.

In the Post op-ed, Navy Secretary Carlos Del Toro, Air Force Secretary Frank Kendall, and Army Secretary Christine Wormuth write that the policy on reproductive access is fully legal and “critical and necessary to meet our obligations to the force.” Tuberville‘s hold, they assert, is “putting our national security at risk” by preventing the Pentagon “from placing almost 300 of our most experienced and battle-tested leaders into critical posts around the world“:

Three of our five military branches — the Army, Navy, and Marine Corps — have no Senate-confirmed service chief in place. … Across the services, many generals and admirals are being forced to perform two roles simultaneously. … Each of us has seen the stress this hold is inflicting up and down the chain of command, whether in the halls of the Pentagon or at bases and outposts around the world.

Washington Post Op-Ed, Navy Secretary Carlos Del Toro, Air Force Secretary Frank Kendall, and Army Secretary Christine Wormuth

Tuberville‘s claim that “holding up the promotions of top officers does not directly damage the military,” the three secretaries conclude, “is wrong — plain and simple.”

So, who is this guy who doesn’t mind doing the work of our foreign adversaries? He’s a Republican of course. Elected in 2021, he was the head football coach at Auburn University from 1999 to 2008. He was also the head football coach at the University of Mississippi from 1995 to 1998, Texas Tech University from 2010 to 2012, and the University of Cincinnati from 2013 to 2016. In 1976 he was awarded a B.S. in physical education from Southern Arkansas University. SAU’s ranking in the 2022-2023 edition of Best Colleges, Regional Universities South, is #94.

Adding to his unimpressive educational record, Tuberville has no military experience. And here’s the best part of the Tuberville saga, Tommy reportedly doesn’t live in Alabama! A published review of campaign finance reports and property documents related to Tuberville “indicate that his home is actually a $3 million, 4,000-square-foot beach house he has lived in for nearly two decades in Santa Rosa Beach, Florida.”

If true, this would seem to make Tuberville ineligible to represent Alabama in the Senate. The Constitution itself clearly states:

Every member of the Senate shall be . . . at the time of his election, a resident of the state from which he shall be chosen.

Constitution, Article 5, section 3

I have been waiting for the Senate, which details the qualifications for Senators on its own web site, to begin an investigation. I will not hold my breath. This is just what the people of Alabama and the Republican party apparently want in a senator.

Yes, there is a way to override the hold. The Senate rules allow for a process called cloture, which can be used to end a filibuster or break a hold on a nomination or bill. Cloture requires the support of sixty senators to pass, which means that it can be difficult to achieve in a closely divided Senate. The Democrats can’t do it alone. No Republican is willing to break the hold.

It is further evidence that, whatever the original plan for the United States Senate was, it is one of the framers most failed experiments. Only an amendment to the Constitution can tame the monster the Senate has become. And that will not happen any time soon.

The country be damned.

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