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First Amendment rights national politics & policies partisanship

Invitation to a Beheading

I don’t gawk at car crashes. I did not watch the ISIS beheadings. Bloody slasher movies aren’t my thing. 

And neither was the recent hearing held by the House Subcommittee on the Weaponization of the Federal Government. It was so hard to watch I could hardly take more than a few minutes at a time.

Before the committee appeared two of the three heroes of Twitter Files fame: Michael Shellenberger, listed as “Author, Co-​founder of the Breakthrough Institute and the California Peace Coalition”; and Matt Taibbi, Journalist.

Or, as Del. Stacey Plaskett (D‑U.S. Virgin Islands) referred to them, “so-​called journalists” — before she asked her first question.

Mr. Schellenberger testified about “The Censorship Industrial Complex” and Mr. Taibbi’s testimony was a less elaborate narrative about how he got involved in the Twitter censorship issue, and what he discovered in working through the files. But Del. Plaskett and Rep. Debbie Wasserman-​Schultz (D‑Fl) were far more interested in discrediting what they said by attacking their qualifications and methods, not dealing with the facts they found.

Rep. Sylvia Garcia (D‑Tx) was the worst. I hand it to you if you can stomach her full interrogation — I came away wondering mostly about her IQ.

My negative reactions? Hardly an outlier. 

“Journalists Matt Taibbi and Michael Shellenberger were a credit to their profession and to all Americans who genuinely care about a free press and the First Amendment,” wrote Maud Maron in an op-​ed for The New York Post explaining why she was walking away from the Democratic Party: the party has fully endorsed censorship. The Democrats at the hearing “questioned, mocked, belittled and scolded [Taibbi and Schellenberger] for not meekly accepting government knows best” — proving themselves “an embarrassment.”

It might be good for our side when our enemies make fools of themselves. But it’s hard to watch.

This is Common Sense. I’m Paul Jacob.


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First Amendment rights judiciary partisanship

Disbar the Disbarrers?

After Texas Attorney General Ken Paxton legally challenged how several states conducted the 2020 election, dozens of lawyers submitted complaints. 

To the state bar. 

Their idea: disbar the Republican officeholder for daring to oppose the current Democratic narrative about “election denialism.” 

The Office of Chief Disciplinary Counsel dismissed those initial complaints as “not demonstrat[ing] Professional Misconduct,” but several attorneys appealed the decision, including a friend of Paxton’s Democratic opponent in the 2022 election for attorney general. The Texas State Board reversed the dismissal. Now a judge has allowed the case against Paxton to go forward.

The threat of disbarment is increasingly being wielded as an ideological weapon and without regard to whether targeted individuals have committed any wrongdoing worthy of disbarment. It’s the lawyers’ version of cancel culture.

This is demonstrated in a lengthy report by Margot Cleveland in The Federalist, who details many other instances as well as Paxton’s. 

These include the DC Bar’s pursuit of former Assistant Attorney General Jeff Clark and the California Bar’s pursuit of John Eastman, among a “barrage of politicized bar complaints pursued against Republican lawyers who provided legal advice or litigated various issues in the aftermath of the November 2020 general election.”

The purpose, then, is not to combat corruption but to corruptly intimidate any lawyers inclined to represent Republicans in challenges of dubious election results. One malefactor is a group called 65 Project, targeting more than a hundred Republican-​aligned attorneys but no Democrat-​aligned attorneys. Seems partisan.

Should lawyers who seek to disbar lawyers solely because of political disagreements be disbarred themselves?

This is Common Sense. I’m Paul Jacob.


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election law partisanship political challengers

Democratic Money for Republicans

“After years of claiming that money in politics is bad and Trumpists will destroy America,” writes Joe Lancaster in Reason, “Democrats spent millions to boost the people they are most afraid of.”

In a strategy that might be designated Too Clever by Half, “Throughout the 2022 primary season, groups affiliated with the Democratic Party funded ads to boost immoderate Republican candidates,” Lancaster explains. “The goal was to boost the least moderate candidates in the hopes that they would be easier to beat in a general election.”

The Senate Majority PAC bought ads for New Hampshire’s Republican U.S. Senate primary, for instance, calling Chuck Morse a “sleazy politician,” allowing a retired brigadier general to advance on to the general election — only to lose to the incumbent. Another Democratic PAC pushed “nearly $100,000 on ads proclaiming Republican House primary candidate Robert Burns ‘the ultra-​conservative candidate’ who ‘follows the Trump playbook.’” Burns went on to defeat his more moderate competitor and then be defeated in the general election.

That was the pattern around the country.

If this all sounds familiar, this is how we got Trump into the forefront in the first place. Hillary Clinton’s campaign infamously orchestrated the corporate news media’s fixation on Trump in 2015 and through to Trump’s winning the primary contest. And then, you will remember, the news media changed course and started the great anti-​Trump freak-out.

This time, however, it may have paid off. Or at least not horribly backfired, for the much-​prophesied Election Day 2022 “Red Wave” merely eroded the Democrats’ stranglehold on unified government. 

Washed away, instead, is the idea that Democrats truly fear these “mega-​MAGA Republicans” or care about democracy.

This is Common Sense. I’m Paul Jacob.


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ballot access national politics & policies partisanship

Launch a Thousand Lawsuits

In the last couple of years, the Republican National Committee has launched 73 lawsuits in twenty states to challenge slack, lax, state-​law-​defying election rules and prepare for further lawsuits if the elections in November are afflicted by any shenanigans. A good start.

The litigation pertains to things like treatment of poll watchers, how absentee ballots should be counted, and whether noncitizens may be allowed to vote. The RNC has achieved some important successes.

  • In June, a New York court ruled that a new law giving almost a million noncitizens the right to vote in New York City is unconstitutional. The RNC has also sued to block noncitizen voting in two Vermont towns.
  • A court ruled that Michigan Secretary of State Jocelyn Benson violated the law when imposing new restrictions on poll watchers.
  • Nevada and Arizona must now provide poll-​worker data to ensure that both major political parties are represented at voting sites.

A lot of electoral hanky-​panky in 2020 was never adequately investigated. Many of us were blindsided by the brazenness with which foes of one-​citizen-​one-​honest-​vote exploited COVID-​19 fears to undermine election integrity. (It was an emergency. Safeguards just had to be scuttled, supposedly.)

Until the time machine gets invented, though, we’re stuck with the electoral results of that year. We can no longer contest the 2020 election.

But we can darn well contest the 2022 election if and when we espy dubious electoral doings. 

And the 2024 election too.

This is Common Sense. I’m Paul Jacob.


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ideological culture partisanship

Ultra-​Dumb

A turn in rhetoric caught the attention of the attention-catchers.

On Friday, USA Today explained “Why Biden is blasting the ‘ultra MAGA’ agenda, not Donald Trump, in his midterm push.” The paper explained that Biden, seeking “to avert a midterm disaster that would all but end his domestic agenda,” is pointedly not mentioning the name of his predecessor in office.

“Instead, the White House works aggressively to paint Republicans and their policies as an ‘ultra MAGA agenda’ in a push to overcome the president’s brutal approval ratings and voters’ frustration with high inflation to help Democrats maintain control of Congress.”

Jenn Psaki, on the way out as the president’s press secretary, attributed the “ultra MAGA” epithet to none other than that genius specimen of Homo politicus himself, Joe Biden. But, as reported in the Washington Post, that’s just another whopper for the cameras and the gullible.

Actually, the Post didn’t put it like that. “The attack line followed months of testing from the Center for American Progress Action Fund,” writes USA Today, summarizing the Post’s reportage. “Democrats believe ‘ultra MAGA’ tells a story of a movement that’s no longer just about Trump.”

Democrats are right … in that “ultra MAGA” does tell a story.

Democrats are wrong … to imagine it could dissuade Republicans. Many conservatives now embrace the epithet, mocking Democrats for thinking they’ve found the key to unlocking Democratic success in the upcoming mid-terms.

While I won’t be embracing Ultra for my messaging — is Ultra Freedom or Ultra Responsibility or Ultra Accountability on the menu? No? Then: no! — I can join conservatives in shaking my head at rule by focus group.

And President Biden’s calling MAGA “the most extreme political organization that’s existed in American history?”

The charge — coming from the party of riots, lockdowns, shortages, and inflation — seems ultra-suspect.

This is Common Sense. I’m Paul Jacob.


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government transparency partisanship term limits

A Bazooka to Congress

It is “like bringing a bazooka to a sword fight,” complains an anonymous long-​serving Democratic congressional aide.

“Democratic leaders are hammering Republicans,” Mike Lillis explains in The Hill.

At issue? The House Republican caucus is “considering term limits,” Punchbowl News was first to report, “on committee leaders of both parties if the GOP flips control of the House next year.” 

Republicans, since taking Congress back in the 1994 term limits wave, have mostly imposed a three-​term limit on committee chairmanships, when in the majority, and on a committee’s ranking opposition member, when in the opposition. What may be different in the next Congress is that Republicans are looking to impose term-​limits on committee leaders of both parties. 

Democrats, too. By House rule.

Though Democratic Party bigwigs won’t like it … especially current committee chairs who would get the heave-​ho next year, such as Representatives Frank Pallone (D‑N.J.) now in his 34th year in Congress; Bobby Scott (D‑Va.), in his 30th year; Adam Smith (D‑Wash.) in his 26th year; Bennie Thompson (D‑Miss.), in his 26th year; and Maxine Waters (D‑Calif.), in her 32nd year.*

Some younger congressional Democrats, on the other hand, see term limits … as an opportunity.

“High functioning organizations become so by building strong benches and limiting the tenure of leaders,” tweeted Rep. Dean Phillips (D‑Minn.), now in his 4th year. “No matter which party controls Congress in ’23, we should adopt term limits for committee chairs & get serious about developing a new generation of leaders.”

Lillis calls it “a recurring predicament for Democratic leaders.”

But no fuss at all for the rest of us: we’re for term limits. On committee leadership as well as Congress membership.

This is Common Sense. I’m Paul Jacob.


* Even without this change, these Democrats would lose their chairmanships in the next Congress, should the GOP gain a majority in this November’s elections. But with this change they would also be denied the position of ranking member and thus would lose their hold on the chairmanship if Democrats won back the majority in 2024.

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