September 6, 2020
Earlier this week, New York Times columnist Farhad Manjoo warned that American democracy is ending. He pointed to political violence on the streets, the pandemic, unemployment, racial polarization, and natural disasters, all of which are destabilizing the country, and noted that Republicans appear to have abandoned democracy in favor of a cult-like support for Donald Trump. They are wedded to a narrative based in lies, as the president dismantles our non-partisan civil service and replaces it with a gang of cronies loyal only to him.
He is right to be worried.
Just the past few days have demonstrated that key aspects of democracy are under attack.
Democracy depends on the rule of law. Today, we learned that Postmaster General Louis DeJoy, who rose to become a Cabinet official thanks to his prolific fundraising for the Republican Party, apparently managed to raise as much money as he did because he pressured employees at his business, New Breed Logistics, to make campaign contributions that he later reimbursed through bonuses. Such a scheme is illegal. A spokesman said that Dejoy “believes that he has always followed campaign fundraising laws and regulations,” but records show that many of DeJoy’s employees only contributed money to political campaigns when they worked for him.
Democracy depends on equality before the law. But Black and brown people seem to receive summary justice at the hands of certain law enforcement officers, rather than being accorded the right to a trial before a jury of their peers. In a democracy, voters elect representatives who make laws that express the will of the community. “Law enforcement officers” stop people who are breaking those laws, and deliver them to our court system, where they can tell their side of the story and either be convicted of breaking the law, or acquitted. When police can kill people without that process, justice becomes arbitrary, depending on who holds power.
Democracy depends on reality-based policy. Increasingly it is clear that the Trump administration is more concerned about creating a narrative to hold power than it is in facts. Today, Trump tweeted that “Our Economy and Jobs are doing really well,” when we are in a recession (defined as two quarters of negative growth) and unemployment remains at 8.4%.
This weekend, the drive to create a narrative led to a new low as the government launched an attempt to control how we understand our history. On Friday, the administration instructed federal agencies to end training on “critical race theory,” which is a scary-sounding term for the idea that, over time, our laws have discriminated against Black and brown people, and that we should work to get rid of that discriminatory pattern.
Today, Trump tweeted that the U.S. Department of Education will investigate whether California schools are using curriculum based on the 1619 Project from the New York Times, which argues that American history should center on the date of the arrival of the first enslaved Africans to Chesapeake shores. Anyone using such curriculum, he said, would lose funding. Government interference in teaching our history echoes the techniques of dictatorships. It is unprecedented in America.
Democracy depends on free and fair suffrage. The White House is trying to undermine our trust in the electoral system by claiming that mail-in ballots can be manipulated and will usher in fraud. While Trump has been arguing this for a while, last week Attorney General William Barr, a Trump loyalist, also chimed in, offering a false story that the Justice Department had indicted a Texas man for filling out 1700 absentee ballots. In fact, in 2017, one man was convicted of forging one woman’s signature on a mail-in ballot in a Dallas City Council race. Because mail-in ballots have security barcodes and require signatures to be matched to a registration form, the rate of ballot fraud is vanishingly small: there have been 491 prosecutions in all U.S. nationwide elections from 2000 to 2012, when billions of ballots were cast.
Interestingly, an intelligence briefing from the Department of Homeland Security released Friday says that Russia is spreading false statements identical to those Trump and Barr are spreading. The bulletin says that Russian actors “are likely to promote allegations of corruption, system failure, and foreign malign interference to sow distrust in Democratic institutions and election outcomes.” They are spreading these claims through state-controlled media, fake websites, and social media trolls.
At the same time, we know that the Republicans are launching attempts to suppress Democratic votes. Last Wednesday, we learned that Georgia has likely removed 200,000 voters from the rolls for no reason. In December 2019, the Georgia Secretary of State said officials had removed 313,243 names from the rolls in an act of routine maintenance because they were inactive and the voters had moved, but nonpartisan experts found that 63.3% of those voters had not, in fact, moved. They were purged from the rolls in error.
And, in what was perhaps an accident, in South Carolina, voters’ sample ballots did not include Democratic candidates Joe Biden and Kamala Harris, although they did include the candidates for the Green, Alliance, and Libertarian parties. When The Post and Courier newspaper called their attention to the oversight, the State Election Commission, which is a Republican-majority body appointed by a staunch Trump supporter, updated the ballots.
Democracy depends on the legitimacy of (at least) two political parties. Opposition parties enable voters unhappy with whichever group of leaders is in power to articulate their positions without undermining the government itself. They also watch leaders carefully, forcing them to combat corruption within their ranks.
This administration has sought to delegitimize Democrats as “socialists” and “radicals” who are not legitimate political players. Just today, Trump tweeted: “The Democrats, together with the corrupt Fake News Media, have launched a massive Disinformation Campaign the likes of which has never been seen before.”
For its part, the Republican Party has essentially become the Trump Party, not only in ideology and loyalty but in finances. Yesterday we learned that Trump and the Republican National Committee have spent close to $60 million from campaign contributors on Trump’s legal bills. Matthew Sanderson, a campaign finance lawyer for Republican presidential candidates, told the New York Times, “Vindicating President Trump’s personal interests is now so intertwined with the interests of the Republican Party they are one and the same — and that includes the legal fights the party is paying for now.”
The administration has refused to answer to Democrats in Congress, ignoring subpoenas with the argument that Congress has no power to investigate the executive branch, despite precedent for such oversight going all the way back to George Washington’s administration. Just last week, a federal appeals court said that Congress has no power to enforce a subpoena because there is no law that gives it the authority to do so. This essentially voids a subpoena the House issued last year to former White House counsel Don McGahn, demanding he testify about his dealings with Trump over the investigation into the ties of the Trump campaign to Russia. (The decision will likely be challenged.)
On September 4, U.S. Postal Service police officers refused Florida Congresswoman Debbie Wasserman Schultz (D-FL) entry to one USPS facility in Opa-Locka, Florida and another in Miami. Although she followed the procedures she had followed in the past, this time the local officials told her that the national USPS leadership had told them to bar her entry. “Ensuring only authorized parties enter nonpublic areas of USPS facilities is part of a Postal Police officer’s normal duties, said Postal Inspector Eric Manuel. Wasserman Schultz is a member of the House Oversight and Reform Committee.
And finally, democracy depends on the peaceful transition of power. Trump has repeatedly suggested that he will not leave office because the Democrats are going to cheat.
So we should definitely worry.
But should we despair? Absolutely not.
Convincing people the game is over is one of the key ways dictators take power. Scholars warn never to consent in advance to what you anticipate an autocrat will demand. If democracy were already gone, there would be no need for Trump and his people to lie and cheat and try to steal this election.
And I would certainly not be writing this letter.
Americans are coming together from all different political positions to fight this attack on our democracy, and we have been in similar positions before. In 1858, Abraham Lincoln spoke under similar circumstances, and noted that Americans who disagreed on almost everything else could still agree to defend their country, just as we are now. Ordinary Americans “rose each fighting, grasping whatever he could first reach---a scythe---a pitchfork-- a chopping axe, or a butcher's cleaver,” he said. And “when the storm shall be past,” the world “shall find us still Americans; no less devoted to the continued Union and prosperity of the country than heretofore.”
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Notes:
https://www.nytimes.com/2020/09/03/opinion/im-doomsday-prepping-for-the-end-of-democracy.html
https://www.washingtonpost.com/business/2020/09/04/usps-dejoy-wasserman-schultz/
https://www.cnn.com/2020/09/02/politics/georgia-voter-rolls-report/index.html
https://amp.cnn.com/cnn/2020/09/06/politics/trump-education-department-1619-project/index.html
https://www.nytimes.com/2020/09/05/us/politics/trump-campaign-funds-legal-bills.html
https://www.politico.com/news/2020/08/31/dc-circuit-panel-kills-house-subpoena-power-406140
https://www.lawfareblog.com/dc-circuit-panel-rules-against-house-mcgahn-case
While voting and getting others to vote is our primary means of defending democracy at this critical juncture, we must also support those behind the scenes who are working day in and day out in the courtrooms of America to blunt Trump's demolition derby. Here are four efforts that merit your money right this instant:
One well-known defender of our Constitution, our rights, and our cherished traditions is the American Civil Liberties Union: https://www.aclu.org/. You will find a dozen or more areas where they could use your active support and involvement.
The same is true for The Brennan Center for Justice: https://www.brennancenter.org/. It was founded by legendary civil rights attorney Burt Neuborne who previously served as chief counsel for ACLU. A few minutes on the Brennan Center website will stir your soul and bolster your confidence that help is on the way…if you help them do it.
Michelle Obama is a founder and leading light of “When We All Vote” which is doing powerful work to enroll voters and ensure that they have a fair chance to cast a ballot. People say that working with this organization is very rewarding: https://www.whenweallvote.org/
A seasoned champion of election-integrity, Marc Elias, demonstrates ways for you, too, to help protect this most vital of all the pillars of “democracy”. His work is immediate, vital, crucial to rebut Trump’s demolition of voting. Join up with him here: https://www.democracydocket.com
Writing checks is better than wringing our hands. 😎
This empowered me:
“ So we should definitely worry.
But should we despair? Absolutely not.
Convincing people the game is over is one of the key ways dictators take power. . . .”