115 Comments

Those in congress under suspicion of aiding and colluding with Jan 6 attack should not be allowed to vote or represent bills. i.e., Jim Jordan, Harley, etc

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No, they should be arrested and tried for treason

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I agree! In the meantime they are acting in the best interest of democracy and have the power they ought not have to undermine what is best for the American people. That scares me.

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I meant NOT acting in best interest of democracy…

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Click the three little dots-- then you can edit your writings. ;-)

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Thank you

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founding

Trump must be held accountable.

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Maybe we should start a 'Back to democracy' movement throughout the Western world?

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author

Definitely. What we're seeing in America is occurring in many other places.

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Democrats need a blue hat with "Make America Democratic Again" or MADA hats. Then again, an adult in a baseball cap kind of infers a 2 digit I.Q., unless you are actually playing baseball.

Maybe t-shirts would be better.

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I wear one because I am bald. Get a terrible sunburn without it. :-)

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As I anticipate how the country, in 22, will write the next chapter of its story, my mind is fixated both on a pivotal question—whether mainstream institutions of American life will hold up to the coordinated effort to put in place a targeted veto to control the outcome of future elections—and also on a concomitant and, in my view, indisputable truth— that we’re in an untenable and precarious position, wherein our democracy cannot afford for the Democratic Party to lose either House in 22.

A troublesome fact I posted last week noted, that while polls show that as many as 70% of Republicans believe democracy is under assault, only 40% of Democrats, at best, report the same. Consequently, as the people who are the real threat to democracy believe they are defending it, far too many Democrats, certainly this past year, have appeared disturbingly complacent. As stated when I last posted, commentators have surmised that many Democrats might think, since Trump was unable to steal the last election when he held all the levers of the Presidency, that he hardly would be poised to do so in future elections. The fact, contrary to the haphazard attempt in 2020, is that we’re now seeing a methodological manipulation of “the big lie” as laying the foundation for changing election rules, removing non compliant personnel, and inciting violence.

I pray that a walloping majority of our voters acknowledge the urgency of the threat and are out there, starting January 6th, organizing for voter protection legislation and also pressing for Senate Democrats to set aside the filibuster to save our democracy. Additionally, it bears repeating, though 2021 saw President Biden doing many good things, as the most powerful person in the country, the President must far more forcibly lead the charge against the filibuster, against the big lie, and against all the Trump/GOP plotting to restrict voting and nullify votes. On a personal note, I also look to the President to lead an initiative both to fortify brutally tested and now fragile institutions and restore trust in government in an effort to usher in an era of restoration and renewal.

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Democrats, progressives, and, indeed, the majority of Americans have been complacent about Trump, as well as the sources of Trumpism in America. We have watched for decades as inequality has widened and large corporations and the super-wealthy have corrupted our politics. The threat to our democracy began years ago. Now, our job is to secure voting rights against the Trumpian big lie and Republican states. But our longer-term responsibility is to get big money out of politics so it's possible to respond to the needs of all of America.

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So Robert, you want to get big money out of politics - as a lawyer what do you think of this idea? (Sorry for the reprint everyone else who has read this from me before.)

Have you considered the possibilities of using the 13th amendment against "Corporations as people" and the Citizens United ruling? What????!!! But that is the anti slavery amendment. Yes. Bear with me a moment. In his Citizens United ruling, I believe (if I have it right) that a large part of Justice Kennedy's ruling was based on the fact that under the 14th amendment he could not legally favor one group of "persons" over another and all must be treated the same under the law - even if some of those persons were "unnatural persons" as in the case of Corporations. So, I ask myself, has the Supreme court painted itself into a corner?

If Slavery is, by definition, the ownership of one person by another person and Corporations are indeed "persons" under the law with constitutional protections (viz. the Citizens United finding) then it stands to reason that every privately owned and publicly traded Corporation as a "person" owned in whole or in part by other "persons" is by definition a slave (I'm not talking about the employees - I'm talking about the actual corporations!). As such (i.e. as slaves) these enslaved corporations must surely have 13th Amendment rights (further guaranteed by the 14th Amendment) that require that they (the corporations) be freed immediately from the bondage of their chattel slavery (i.e freed from their ownership as a person by another person). Yes it sounds crazy but is it not the logical consequence of Corporations as persons with equal rights to their biological brother and sister persons under the 14th amendment? (per the Citizens United ruling)

"So what?" you might ask! Well, if I'm right... ... this is a very dangerous idea. a) The immediate "emancipation" of corporations from the ownership of their stockholders would bring Wall Street crashing down with ripple effects throughout the world and likely grind the world economy to a halt. b) An argument could be made that while the Corporation has the legal right to First Amendment free speech rights it, in reality, cannot exercise those rights because all it's speech and actions are compelled by that class of "slave owners" who are simultaneously both stockholders and executives aka slave drivers/ overseers! Which would surely make such overseer stockholders (i.e. executives and slave owners) accessories to any illegal (but compelled) action of a corporate person and therefore legally liable for prosecution along with the corporation. c) anyone with stocks and shares will be forced to lose vast percentages of their wealth as they are forced to relinquish their ownership of their "corporate slaves".

Now you and I both know that the powers that be just aren't going to let that happen. So, how does the Supreme Court find its way our of this corner that they seem to have painted themselves into? Perhaps by admitting that they have been wrong all along about corporate "personhood" and that maybe, just maybe, they have to reconsider their (in my view) cavalier actions in giving the rights of biological persons so freely to the "unnatural person" that is a corporation.

I've probably missed something in my reasoning because I'm not a lawyer and would love to have a lawyer (Robert Reich perhaps) and especially a Constitutional Lawyer (Barack Obama perhaps) weigh in on this perspective!! Do you know any Constitutional Lawyers who might be interested in exploring this idea?

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If a corporation has personhood then why not any group of people: a rock band, a family, the local deli? Where does it end? The absurdity of that heinous decision is obvious, even if what you just said isn’t. (Sorry—couldn’t quite follow it.)

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Just because your argument - at first blush - seems crazy doesn't mean it's not right. To me it comes off as something like a powerful contrapositive argument that logically renders the Citizens United ruling into an RAA. Just sayin'. I make no claim to being a logician.

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Along with what you and Barbara are saying, I would add that as long as the American people will rightfully feel that democrat representatives do not fight that much to defend what they pretend to believe in, it will not vote for them. The BBB was immensely popular among Republican and Democrat voters alike when told what was in the bill. How come Democrat lawmakers did not make its case truly public by explicitly and forcefully saying what Republicans, including senators Manchin and Sinema, were opposing (and likely why)? People who would hardly participate to the type of forum we are in, here, are not stupid; they have a gut feeling of having been duped for far too long. A wallet feeling, I should say. Hence the likely Berezina for the Democratic party in the coming mid-term elections. "Why should I vote Democrat, or vote at all?" is the basic question millions of Americans have. It should be ours too. Though answering it saying that Republicans are dead-set to end democracy is unfortunately valid, that does not make a difference for these people in their daily lives. If Democrats do not deliver, why would anyone vote for them?

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Philippe, I agree Dems must deliver, and they have to some extent. The American Rescue Plan and the Bipartisan Infrastructure Bill are two such examples, all be they insufficient for the Democratic electorate. That said, I believe Dems’ top priority this month must be enacting some version of filibuster reform to pass voter protection legislation that guards against restricting and nullifying votes. This evening, Schumer announced that he expects to pass both the Freedom To Vote Act and VRAA by January 17th, Martin Luther King Day. And given the status of the negotiations regarding possible versions of a “talking filibuster” rule change, I believe Schumer will succeed. Next, I anticipate the Senate will revisit the human infrastructure piece of BBB. And, though I imagine parts of the bill will get dropped to get support from 50 Senators, I also expect the final version, at least partially, will help elevate the prospects for young people, black and brown people, indigenous people, immigrants, women, and single moms.

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Dr. Reich, Though I wholeheartedly had supported the S.1 “For the People” provision that had called for ending the domination of big money in politics and replacing it with the matching of public funding (6 to 1) to small individual donations, the overwhelming opposition to this provision made clear the importance of ferreting out the necessary remedies for preserving our democracy, all be they not sufficiently robust to redress longstanding inequities and corruption. That said, presuming Schumer, this month, can get 50 Senators to sign on to a filibuster rule change to pass voter protection legislation, Dems, in turn, promptly must focus on the human infrastructure piece of BBB and pass as ambitious a plan as possible that can get support from 50 Senators. I view this as a good start to lifting some of the barriers that block poor and working class families from opportunities afforded to the middle class.

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It sort of reminds me of the old biology experiment involving a frog in a pan of water, where if you increase the temperature slowly enough, the frog won't sense the change and eventually boil to death.

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Well said. As I see it, the only thing that might put Republicans back on the path to democracy and reasonableness is for them to lose big in this year's elections. For there to be even a chance of that happening, the voting rights bills must pass.

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Carolyn, Though I agree that passage of the two voter protection bills must be top priority, immediately thereafter, Dems must revisit the human infrastructure piece of BBB and pass as robust a version of the bill as possible that can get support from 50 Senators. Additionally, while I think a big Republican loss in 22 would be a good start, the Party might have to lose big in subsequent election cycles to rid itself of Trumpism.

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One has to wonder if the complacency is by “design”?

When Trump was in office and on social media he agitated the masses. Now that he is out of office and off of social media and Biden is calm and unprovocative, things have calmed down considerably.

Will it take the return of Trump, or a similar agitator, to office to rally the masses?

I hope not. But, this appears to be the case.

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Todd, One thing I wanted my comment to illustrate is that, just because Trump no longer is in office or on social media, he hardly is gone. Considering his grip on the Republican Party over the past year has grown increasingly stronger, Dems must be more engaged than ever to withstand the attack that surely is coming from that anti-democratic wing of the electorate.

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I absolutely agree!

As an observation, the problem, as I see it, is, since Trump has been “silenced” from social media he’s not been able to continually wield his hate stick provoking everyone. This in turn has led to the complacency of the masses, allowing Trump to work in the shadows amassing huge sums of money and coordinating with his acolytes. So, in my opinion. the outcome is hinging on the 1/6 committee, the Justice Department and Congress as a whole. If these entities are successful we will remain a democracy. If they fail, we all fail.

I think we need to put as much pressure on Manchin as possible to enact the necessary Bills, and also support the 1/6 committee and the Justice Department to continue their work through to conclusion BEFORE the midterm elections.

I am optimistic that this will pan out. My instinct is telling me that the (Republican) people that will be running for office in the midterms will be charged with crimes shortly before the elections, throwing the Republican Party into chaos. That’s my hope, anyway.

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Todd, I write, in part, because I think we agree on several points, but I also write to comment on some of your remarks. To start, I commend the Jan. 6th Select Committee for methodically stitching together a blue print of all the criminal offenses that likely were committed by Trump and by top acolytes. Nonetheless, I am concerned, quoting Justice Correspondent Elie Mystal, by the “slow-moving institutionalist” Merrick Garland, whose attention, so far, appears to be mostly focused on the so-called foot soldiers who stormed the Capitol. In my view, if Garland hasn’t already ginned up a full-blown investigation of those at the top, he should start tomorrow. I realize I am presuming you and I would agree that instead of waiting for the Select Committee to reach its conclusions and maybe make criminal referrals, two investigations could be going on simultaneously. Aside from the obvious fact that it’s not as easy to stonewall a grand jury as it apparently is to stonewall Congress, if DOJ doesn’t start holding everybody at the top accountable, at least to the point of being subject to full blown investigation, I fear we could be running out the clock on democracy itself.

Regarding Manchin (&Sinema), my understanding is that while both support the two companion voter protection bills, neither currently supports a filibuster carve-out nor do they support changing the 60-vote threshold to end debate. Seeing that Schumer needs all 50 Senators to sign on to a rule change, he and the Senate Democratic Caucus continue to review proposals, one of which I expect will get them to 50. I say that because, although I could be wrong, I don’t imagine Schumer would announce a Senate vote on MLK Day unless he were confident in its outcome.

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Barbara Jo, I completely agree with all you’ve written.

I’ve been considering writing a letter to US Attorney General Garland to express my concerns about the apparent lack of accountability from the DOJ on the organizers (including Trump) of the Stop The Steal rally that led to the 1/6 insurrection attempt. Like you, I’d like to know what the DOJ is doing about this. Being a co-equal branch of the US Government they should be conducting their own, independent investigation. Are they?

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Todd, Thank you for your kind words. As for your question, when Garland spoke yesterday, he promised that DOJ will follow the facts and that it will hold “all January 6th perpetrators, at any level, accountable under law—whether they were present that day or were otherwise criminally responsible for the assault on our democracy.” My concerns about not knowing whether those at the top currently are being investigated for criminal activity rests with my belief that the mind of the country needs to be focused on this, because however important other things are, in my view, we’re nearly running out the clock on democracy itself.

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Jan 3, 2022Liked by Robert Reich

This is hopeful, the NY AG has just subpoenaed the Trumps! It has long been the rule of law in this country that I have believed may be the only path to save us from a one party system.

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Our Constitution cannot defend itself. We (all of us, or at least a large majority of us) must defend our Constitution. It is an imperfect antiquated document showing its age, but it served us well enough because we all agreed to make it work. Until now. One of our two major parties recently decided to exploit the Constitution's many flaws instead of defending it. And those who would debase it hold nearly one half of the seats in Congress. These powerful insurrectionists are in side the building and pose a much greater threat than the violent mobs that attacked it.

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Your comments are insightful. I often muse that one of the greatest flaws in the document is the extreme difficulty to amend it. It's amazing that it has ever been amended at all. Two-thirds vote in both chambers and ratified by 3/4 of the states means the document stops being a "Living One" to a considerable, harmful degree. To our sorrow.

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There is another way to change the Constitution: a "Constitutional Convention". Once convened the delegates to the Convention can rewrite the Constitution any way they want, not just amend it. The Koch dynasty, through ALEC, their political organization, have been working toward this for decades, and they are close. Read about it here:

https://www.cbpp.org/research/states-likely-could-not-control-constitutional-convention-on-balanced-budget-amendment-or

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I will read your link, but for now I say that a Con. convention is for me unnerving. We could lose our Bill of Rights by the plutocrats who would no doubt control it. Get me past this fear and I'm on board.

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There is no getting past it. That’s exactly the problem with a constitutional convention. The best thing would be never to have one, ever, because it will be manipulated.

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Paula: you said it the way it needs to be said. Thanks.

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We err by seeing the coup as just two months in development. It began with the Former Guy's inauguration, and his entire of reign of illegal actions and dishonesty, aided and abetted by Reps in Congress, the Cabinet, and the incivil service.( See my America First: An excavation of Trumpism and the Trump Agenda

Columbus Free Press Oct. 24, 2021

https://columbusfreepress.com/article/america-first-excavation-trumpism-and-trump-agenda)

We err in taking too short a view. Nov-Jan 2020-21 did not come without warning and planning and expectations of its. (Just as err in false comparisons with the rise of the National Socialists, UTurns, and today's Great Retirement, Worst Inflation, Lowest Unemployment (see my Busting Myths. My New Year's wish list: Beyond media misconceptions and our ten-minute historical memory ​ Columbus Free Press Dec. , 2021

https://columbusfreepress.com/article/busting-myths-my-new-year%E2%80%99s-wish-list )

Too often forgotten--and one of my ongoing personal struggles--is the enlistment of the USPS under the corrupt and dishonest Louis DeJoy, who remains in office, to cripple the mails to reduce mail voting (which my household has done for years). I do not received daily delivery. I miss at least 1 in every 3 or 4 regular magazine issues and have to ask for re-sending). These crimes cross the entire "leadership."

We move on to Barr, DeVos, Pompeo, the MDs who violated their Hippocratic Oaths, and so many more. They should fill a large prison...

Today I wish for a peaceful Jan. 6, 2022

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I'm wondering why US Marshals aren't dispatched to toss every location where those defying subpoenas live, vacation, and do business, searching and seizing all documents, electronic devices, any other storage media, along with breaking any safety deposit boxes, wall safes, or anywhere else said documents or electronic devices could possibly be hidden away. That includes apprehending and "frog marching" said defiant actors off into custody. There seems to be no compunction about implementing those measures against otherwise "mere mortals."

The question for me becomes: "what authority do those subpoenas really have if not to compel compliance, and if they do not have such authority to compel compliance, what's the point of them?" Keep in mind, I'm not particularly a "law & order" hawk. I'm just having difficulty seeing consistency in law enforcement practice among the elites. For some reason the phrase "Twinkie defense" comes to mind.

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I forgot to mention "freezing assets" as another measure. Some states permit seizing all property, with no possibility of having it returned, for the crime of simply falling under suspicion of commiting a crime.

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That will hurt them more than anything. Money is their GOD!!

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You rock, as usual.

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Spot on. Voting Rights legislation absolutely must pass! I'll be amazed if Jordan doesn't wind up in contempt of Congress as well. If they can get him to talk, key things could be confirmed — much of which I suspect the committee has already gotten testimony about, but first-hand confirmation of what was said between him and Trump would be some of the strongest evidence so far.

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National efforts to encourage Democratic voters is needed. all we hear is the Republican side, bad or good.

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We need to start to start using GOP tactics. Quit trying to be the party of nice. Start Buying air time and bring out their real personality. Our biggest obstacle is lack of public air time. I cannot afford all the pay for view where the democrats are presenting their views. We can only get the MSM news in the evening. The morning news is a joke. We need real news coverage and tell people what is going on in the world. Our PBS news is good when the weather is right and we can get the channels. As far as calling my elected officials, I have Tom Cotton, John Boozeman, or Steve Womack. Want to guess how far I get with them if you call to oppose anything GOP. Basically you are told to GFYS.

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In America we can never accomplish goals that need to be accomplished. We are constantly stuck in mud from Watergate, to Clinton impeachment to Trump impeachment twice. Our goals should be: Helping the homelessness. Helping our veterans. Solving issues of mental health and drug addictions. Stopping drugs from pouring into the country from the southern border. Children going to bed hungry. Young girls being used as sex slaves. Seniors not able to afford their medication. Handling the constant influx of viruses. This was the headline today: "The US could be under a rightwing dictatorship by 2030, a Canadian political science professor has warned, urging his country to protect itself against the “collapse of American democracy”. At some point Congress needs to stop talking and take action before the USA collapses into another civil war. How is that for being hopeful in 2022? Is anyone in Washington DC really listening?

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Good question. But why should they, we are simply the great unwashed masses. With no MONEY.

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You mean creating a stable society? Perish the thought. As for your comment concerning "another civil war," what makes you so sure the original was ever >really< over. When I lived in VA in the '70s, I always took the more than occasional bumper sticker featuring the "Stars & Bars" with the motto "Forget, Hell!" seriously.

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I believe that prosecuting Donald Trump would indeed rile up his supporters. I think a better plan would be to prosecute all of his consiglieres under the RICO statutes. Convict them all, then let the treasonous villains start to sing.

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Spot On! Oh, also put the in state prisons in gen. pop. They will sing like a Canary within one day.

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The fact is that trump is stronger politically now than after the attempted insurrection! It looks like his supporters have gone deep within the system and have now gotten the position in state politics to overturn any election! Fiona Hill on meet the press said that conditions now look like former democratic countries did just before a coup. That is why I have been calling for a much stronger response from democrats! I have been looking at history for an answer as to how to stop this roaring tide and have come up empty! This is a perfect storm! Historically, hitler was unstoppable! Unfortunately I believe that trump is unstoppable! The country has been too complacent for too long! It’s too late to stop him! Largely because people are incredulous after seeing a train wreck! We can’t believe our eyes!

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We are the ones witnessing this train wreck. Like in the Weimar's Republic, unfortunately, the ruling elite thinks fascism can be tamed by not taking strong political decisions but only referring to decorum and civility. The exact opposite was true then and is now.

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As with Hitler, Stalin, if you want to halt the spiral to destruction you must cut off the head of the snake.

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Perhaps. The primary issue, though, is not the wannabe dictator. The primary issue is the oligarchy that wants a political void to install its own reign. In that void, mediocrity can fester. We are in the age of what Sheldon Wolin used to call "Inverted Totalitarianism," i.e. that of the neoliberal ideology asserting “The world runs on individuals pursuing their separate interests.” (Milton Friedman) From there on, "big government" is the enemy and the common good a lunacy. This is what makes the bed for Trump and his ilk and what has to be defeated. First and foremost within the Democratic party. Curious to know your thoughts.

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It would be helpful to know what Merrick Garland's plan is. Right now it appears he is doing nothing, which I don't want to believe, but short of any facts, what can we believe?

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We can't know what Merrick Garland is up to because he is supposed to work away from the public eye. Besides, you can't let the Republican lawmakers know what's going on. Trump and his allies are sabotaging everything they can RIGHT NOW. Better the criminals don't think anybody's paying attention....but I sure hope justice will win out.

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First, thank you so very much for this cogent summary that I will read several times; Ms Cheney's words need to be quoted verbatim, and yes memorized if need be, for they cogently state the case against the man who abused his power. The perpetrators and those who defend them are nothing if not despicable. Our blue collar relative in the midwest who voted for The Donald twice for president, despite our cajole-ing to the contrary, became disenchanted, disgusted really, with him after 1/6. There's hope! How those who will be campaigning weave the message will be critical. They must "call a spade a spade." Looking forward to reading Jamie Raskin's book, just out, UNTHINKABLE.

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I guess now is not a good time to be reading the biography of US Grant. The parallels between that time and now are stark. The impeachment of President Johnson, the sabotage Johnson supported and engendered against the actions of reconstruction, the armed and murderous southern whites who blatantly stalked and murdered their opponents with NO consequences. On and on it goes. And now comes an article in "Newsweek" magazine about the armed right wing people of this country today with their numbers of weapons compared to the rest of us, plus their willingness to use those weapons as soon as they perceive a rationale. It's hair on fire disturbing! Like Jean MK Hubler below, I fear for our republic. I know Dr. Reich and MoveOn are trying and we pitch in when we can, but the dark forces of Faux News and right wing radio and ELECTED officials is very strong. I live in a very red state where laws have been altered to give the legislature more control over voting. We have Rs from top to bottom, all in lock step with the former guy and selling the notion of fraudulent voting. they are out there, night and day, selling their bogus snake oil. If you watch Brooks and Capehart on the PBS news, you know that Brooks is somewhat sanguine about the prospects, but Capehart sees what we see...real and present danger. And me without a gun! The old saw "know the truth and the truth shall set you free" is only true if those hearing it will believe it. There are many citizens around here who reject ALL evidence that's contrary to their strongly held beliefs. They're "evangelical" in all aspects. Jeez...where do we go from here?

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I, like you , live in a DEEP red state. Watch out for Tom Cotton. He could be our next Trump.

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Cotton and Hawley are both more intelligent and competent than TFG. They both have some very dangerous ideas.

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