Dispatches

SPECIAL COUNSEL NAMED TO LEAD TRUMP CRIMINAL PROBES. TRUMP SAYS HE WON’T ‘PARTAKE.’ Attorney General Merrick Garland named longtime federal prosecutor Jack Smith as special counsel to oversee two Justice Department probes of Donald Trump and determine whether the former president should be indicted.

Smith will oversee ongoing federal investigations into Trump’s involvement in the violent Jan. 6, 2021, attack on the Capitol and Trump’s removal of highly sensitive documents from the White House and storage of them at his residence in Florida.

Smith, who is anything but a household name, is well-known within legal circles as a “scrappy ... no-nonsense, hard-charger,” former US Attorney Barbara McQuade told MSNBC shortly after the announcement, Kerry Eleveld noted at DailyKos (11/18).

Smith also appears to be a veteran of navigating highly charged situations. He has led the Justice Department’s public integrity unit, been appointed the first assistant US Attorney for the Middle District of Tennessee, and, most recently, he has overseen war crimes investigations at the International Criminal Court at The Hague. In fact, Garland said Smith was flying back from that post to accept his appointment as special counsel.

McQuade took his appointment as a sign the department’s investigations into Trump have taken a serious turn.

“The one thing I find most significant,” she said, “is you don’t need to appoint a special counsel just to decline a case. You don’t call in a Jack Smith, someone with incredible credentials, incredible reputation, pull him out of The Hague to do this work, unless you think there is a very high likelihood that one of these cases is going to result in charges. So that’s my read.”

McQuade’s take was shared by some other legal observers. Former federal prosecutor and legal analyst Renato Mariotti tweeted, “If Merrick Garland didn’t think there was a serious possibility that Trump would be indicted, he wouldn’t have appointed a special counsel.”

Mariotti added that Garland “didn’t appoint Jack Smith to wind down these investigations.”

Trump told Fox News Digital (11/18) that he won’t “partake” in the ongoing criminal investigations, Jessica Corbett noted at CommonDreams (11/18).

“I have been going through this for six years—for six years I have been going through this, and I am not going to go through it anymore,” said Trump, who announced plans to run for the White House again, even as he faces various legal issues at the state and federal level. “And I hope the Republicans have the courage to fight this.”

“I have been proven innocent for six years on everything—from fake impeachments to [former Special Counsel Robert] Mueller who found no collusion, and now I have to do it more?” he continued. “It is not acceptable. It is so unfair. It is so political.”

IT TOOK HOUSE GOP JUST ONE DAY TO SHOW WHY DEMS NEED TO BOMB-PROOF EVERYTHING WHILE THEY CAN. It’s going exactly how Republicans promised it would if they took the House: vengeance. Nothing but vengeance. Policy agenda? As if, Joan McCarter noted at DailyKos (11/18).

The first press conference of their majority (11/17), was from the Oversight and Judiciary Committee chairs laying out the number one target for their vendetta. It’s all Hunter Biden’s laptop, all the time. A thing that is entirely not real.

On the second day of their majority, Rep. Jim Jordan’s Judiciary committee sent a letter to White House Chief of Staff Ron Klain demanding the testimony of White House staff about the administration’s “misuse of federal criminal and counterterrorism resources to target concerned parents at school board meetings.” Another thing that never happened. All four of the people they are demanding testimony from are women, and some are women of color.

That was just the start. Jordan also sent letters to Justice, the FBI, Departments of Education and Homeland Security telling them to “anticipate requiring testimony, either in hearings or transcribed interviews” from dozens more officials, many again of whom are people of color and women.

What about inflation? What about gas prices? What about fentanyl? What about violent crime? What about immigration? What about making sure everyone can afford to go to Disneyland?

They are not interested in making government work. They won’t try to make government work. Which is why it is imperative that Democrats do all the stuff while they have the majority. That includes figuring out how to put the debt ceiling out of their reach, just for a start. That one’s a necessity.

So is doing the least they can on protecting the next presidential election by pushing the electoral count reforms through. We have some breathing room on that with the great results in some swing state elections, but fixing this is important, particularly now that larger election reforms can’t get done.

It would also be super smart to revive the child tax credit monthly payments from the 2021 COVID-19 relief bill Democrats passed, and generally do do everything they possibly can to help regular people and to make a very big deal out of it—the Democrats’ Christmas Gift to America—to start making the case for 2024.

AUSTIN LABOR COUNCIL URGES END TO MEDICARE PRIVATIZATION. The Austin labor council of the Texas AFL-CIO has passed a resolution urging the Biden administration to terminate a Medicare privatization scheme that is quietly moving ahead despite vocal opposition from doctors, seniors, and progressive lawmakers, Jake Johnson reported at CommonDreams (11/21).

The pilot program, which inserts private middlemen between patients and healthcare providers, was unveiled with little notice during the final months of the Trump administration despite internal concerns about its legality. The experiment has continued under the Biden administration, with mostly cosmetic changes.

Now known as ACO REACH, the pilot involves shifting traditional Medicare recipients onto privately run insurance plans without their knowledge or consent in the name of cutting costs and improving quality.

The resolution unanimously adopted by the Austin AFL-CIO Labor Council raises alarm over that aspect of the pilot, noting that “ACO-REACH allows doctors and their offices to convert a patient’s traditional Medicare choice into ACO-REACH coverage without first informing their patients about the change nor getting their patients’ written permission.”

“Doctors and their offices will have a financial incentive to convert to ACO-REACH coverage as they will also be allowed to keep up to 40% of their revenue that they don’t spend on healthcare services as overhead, resulting in a ‘windfall profit’ versus traditional Medicare programs that are only allowed to keep the balance of 2% of their revenue after paying for overhead,” the resolution continues.

Under the ACO REACH model, which critics warn could fully supplant traditional Medicare if it is allowed to continue, private entities that are accepted as participants are paid by the Centers for Medicare and Medicaid Services (CMS) and allowed to pocket a significant chunk of what they don’t spend on healthcare. The newest version of the pilot, which was announced without congressional approval or oversight, is set to formally begin in January and will run at least through 2026.

The CMS Center for Medicare and Medicaid Innovation (CMMI), which is overseeing ACO REACH, is headed by Elizabeth Fowler, the former vice president of public policy and external affairs at WellPoint, Inc.—a health insurance firm that later became Anthem.

The Austin labor council’s resolution marks just the latest expression of outrage over the Biden administration’s decision to build on a privatization ploy constructed by the Trump administration, which was replete with industry allies hostile to Medicare and other popular government programs.

In August, the AFL-CIO’s Alameda, Calif., labor council passed a resolution noting that it is “within the power of the Biden administration to end [ACO REACH] with the stroke of a pen”—and urging it to use that power. Similar resolutions have been approved in recent months by the Arizona Medical Association, the Seattle City Council, and the Texas State Democratic Executive Committee.

On top of opposition from hundreds of local and national advocacy organizations, lawmakers at the national level—including prominent progressives such as Sen. Elizabeth Warren (D-Mass.) and Rep. Pramila Jayapal (D-Wash.)—have raised concerns over the pilot, which could allow the private insurance giants that have profited hugely from Medicare Advantage to further entrench themselves in the Medicare program.

“We must immediately end Medicare privatization programs like ACO REACH,” Jayapal, the chair of the Congressional Progressive Caucus, tweeted in April. “There’s no excuse for allowing the same Medicare Advantage organizations to now administer ‘care’ for traditional Medicare beneficiaries.”

GOP CIVIL WAR IN HOUSE AND SENATE ESCALATES AS FACTIONS SPLINTER. The would-be leaders of the Republican House and Senate conferences are in for some wild times as recriminations and power struggles take precedence in both chambers. In the House, the tiny Republican majority has every faction plotting how they’ll control Rep. Kevin McCarthy, R-CA, the heir appparent. In the Senate, leader Mitch McConnell is under pretty much daily attack from Sen. Rick Scott of Florida, the guy who blew all of the National Republican Senate Committee’s money and is still blaming McConnell for not winning the majority, Joan McCarter noted at DailyKos (11/21).

There are still five uncalled House races, but it’s looking like McCarthy will have a 222-213 majority. He needs 218 to become speaker and to pass anything, and right now, that’s in jeopardy. Two Republicans—Reps. Matt Gaetz of Florida and Andy Biggs of Arizona—have said flat out they won’t vote for him as speaker. Two more, Reps. Matt Rosendale of Montana and Bob Good of Virginia, have signaled that they are opposed to McCarthy, but haven’t definitively said they’ll vote against him. Biggs challenged McCarthy in the post-election meeting and got 31 votes.

McCarthy is clearly chasing those votes. He’s already all but promised Rep. Marjorie Taylor Greene, the Georgia MAGA maniac, that she’ll get a coveted Oversight Committee post. He’s also vowed that he’ll kick Democrats off committees in retaliation for the Democrats stripping Greene and Paul Gosar of committee assignments. He’ll oust Democrats Adam Schiff and Eric Swalwell from the Select Committee on Intelligence (which he can do because it’s not a standing committee) and Ilhan Omar from Foreign Affairs, which is subject to a vote of the full House. All of this is to court the maniacs.

Which leaves a fairly large group of moderate Republicans (and calling a bunch of people who didn’t agree to birth control as a right “moderate” means we need better political descriptors) feeling like they can exert some pressure of their own.

“Kevin’s not stupid,” said Rep. Dave Joyce of Ohio, leader of the Republican Governance Group. “He’s trying to add to his numbers, not destroy his base. And so I count on his political acumen to know what’s acceptable to the rank and file inside the conference.” Joyce is clearly in flattery mode with McCarthy, because he’s rarely characterized by his smarts, political or otherwise.

Two other groups, the Main Street Caucus and the bipartisan Problem Solvers Caucus, are strategizing about how to influence him as well. The latter group has about 50 members, and while they’ve never solved any problems, they could definitely trip McCarthy up, if those 50 members can remain unified. “We just want to make the group more accountable … I mean, the whole point of our group is to stick together on the floor when we endorse bills,” Republican Brian Fitzpatrick said. He also told Politico that even Freedom Caucus members have approached him about potential alliances. Which kind of shoots the whole “problem solving” moniker to hell since the maniacs are the problem.

The Main Street Caucus of Republicans, Rep. Don Bacon of Nebraska says, has nearly 90 members and is sick of the maniacs. “It’s time we flex our muscles,” he said. Last week Bacon floated the possibility that his group would work with Democrats to find a candidate for speaker, later saying the the report “mischaracterized his remarks” and that he was pro-McCarthy. So how effective his group will be in blocking the maniacs is questionable.

While McCarthy is trying to wrangle all that, McConnell has his own group of nihilists to fend off. He retained his leadership position in a secret ballot last week, with 10 members voting against him and one voting present, with Scott challenging. It’s been open warfare between McConnell and Scott and their allies for months now, each blaming the other for the fact that Republicans had such a poor showing in Senate races.

To be fair to McConnell (which tells you just how odious Scott is), there’s the fact that Scott has used his position at the NRSC for grift and is still doing it. His NRSC team just sent out another email ostensibly raising money for Herschel Walker in the Georgia runoff, but with 98% of the money going to the NRSC, 1% to “Team Rick Scott” and 1% to Walker. If the past is any guidance, a good portion of that NRSC money is going to go to Scott as well.

BALLOT INITIATIVES TARGETING INEQUALITY WON BIG ON ELECTION DAY. Americans are sick and tired of seeing CEO pay and billionaire wealth in the stratosphere while working families are struggling with soaring costs. In the Nov. 8 election, voters in several states used direct democracy to do something about it. They voted to hike taxes on the wealthy, raise wages and build union power, help ordinary people afford basic necessities, and tackle the problem of big money in politics, Inequality.org noted (11/10).

Massachusetts Hikes Taxes on the Rich. Massachusetts fair tax advocates had tried and failed five times since 1962 to undo the regressive flat income tax rate embedded in their state constitution. This time they were victorious. By a 52-48 margin, voters approved an income surtax of 4 percent on annual individual income above $1 million, with revenue going mostly towards public education and transportation.

“Massachusetts voters support a fairer tax system, and greater, more stable investment in transportation and public education,” Fair Share Campaign Manager Jeron Mariani said in a statement. The surtax is expected to generate an additional $1.2 billion to $2 billion per year.

Illinois Guarantees Right to Unionize. Illinois pro-labor groups built on the momentum of a nationwide unionization surge and the highest public support for unions since the 1960s to garner strong support for a workers rights measure. The constitutional amendment codifies the right to organize and bargain collectively and prohibits the state government from passing anti-union “right-to-work” laws, such as those in effect in 27 states.

Cities in Maine, California, and Missouri Address Housing Costs. After successfully passing rent control measures in 2020, voters in Portland, Maine voted in a new slate of tenant protections. Question C – approved by 55% of city residents—strengthens protections for tenants by ensuring they receive at least 90 days notice for lease terminations and rent increases. The initiative also restricts security deposits to amounts equal to one month’s rent and prohibits fees for applications, credit reports, and background checks.

In California, San Francisco voters approved Proposition M–a groundbreaking “empty homes tax” to fund affordable housing. By taxing units that are vacant for the majority of the year, the city will generate tens of millions in annual revenue to invest in housing stock acquisition and rental subsidies for elderly and low-income residents. Contending with the Bay Area’s parallel vacancy and homelessness crises, the measure’s victory will help “restore the power of democracy and our political institutions to the people,” said field director Gwen McLaughlin.

A measure in Los Angeles, ULA, is on track to institute a similar model – taxing real estate transfers worth over $5 million at 4% and properties over $10 million at 5.5%. The revenue, which could reach over $1 billion per year, would also fund a suite of affordability solutions: creating more affordable housing stock, directly subsidizing rent, and providing legal resources for low-income tenants. Typical business interests vociferously oppose ULA, spending millions against its grassroots coalition of renters, workers, and anti-homelessness experts. But as pandemic-era eviction protections near expiry, Angelenos are choosing people power over the real estate lobby.

And in Missouri, Kansas City voters passed a $50 million bond to create a fund for building and revitalizing thousands of units, priced to be affordable for those making no more than 30% of the area’s median income.

South Dakota Expands Medicaid. Once again, ordinary folks in this deep red state have done an end run around their elected officials and used direct democracy to help their economically disadvantaged neighbors. Back in 2016, a bipartisan coalition with strong faith community support pulled off an incredible victory against financial predators, winning a ballot measure to impose a strict interest rate cap on payday loans.

This year, a similar grassroots campaign won a constitutional amendment forcing their state to expand Medicaid eligibility. Under the 2010 Affordable Care Act, the federal government will cover 90% of the costs if states agree to offer coverage to more low-income residents. But South Dakota and 11 other states have refused to do so. The ballot measure will change that, extending Medicaid coverage to an estimated 42,500 working class South Dakotans.

Arizonans Crack Down on Predatory Medical Debt. Over 72% of Arizonans voted in support of Proposition 209—a groundbreaking ballot measure designed to crack down on predatory medical debt. The initiative caps interest rates at 3% on new medical debt and increases the amount of home equity, personal property, assets, and income protected from certain creditors.

“Before now, voters had never taken up medical debt on a statewide ballot measure, but Arizonans have charted a path forward to take on predatory lenders through direct democracy,” said Kelly Hall, executive director of the Fairness Project – a national non-profit which helped fund and organize around the initiative. “We’re looking forward to working with citizens in other states who want to pass more ballot measures to protect working families from exploitative lending practices.”

More than 100 million Americans have medical debt, according to a recent investigation by NPR and Kaiser Health News. The toll is especially hard on Black communities, with 56% of Black adults owing money for a medical or dental bill, compared to 37% of White adults.

New Mexico Makes Pre-K a Universal Right. After federal actions to fund early childhood education stalled in the Senate earlier this year, over 70% of voters in New Mexico approved a ballot measure that would make the Southwestern state the first in the nation to enshrine a right to early childhood education in its constitution.

The measure would authorize lawmakers to draw from a state sovereign wealth fund to pay for universal preschool and child care. The state constitution obligates that 5 percent of the fund – currently valued at $26 billion – be withdrawn annually to support public schools, hospitals, and universities. The passage of this ballot measure would pull an additional 1.25 percent annually for education, directing roughly $150 million to early childhood education and another roughly $100 million for K-12.

Arizona and Oakland Address Dark Money in Elections. As a handful of Americans (individuals and special interests alike) flooded the midterms with untraceable billions, inequality threatened to further distort our democracy. In response, voters rebuked dark money and defended the power of their own ballots.

Arizona voters, for example, overwhelmingly approved Proposition 211, known as the Voters’ Right to Know. The measure will require public disclosure of donors who give over $5,000 to independent campaign expenditures of over $50,000 in statewide campaigns (or half that amount in other campaigns). In an otherwise highly polarized state, Arizonans found common ground through their disdain for dark money and desire for political transparency.

Voters in Oakland, Calif. also opted to require donor disclosure on political ads. The city’s successful Measure W will also restrict former elected officials’ lobbying capacity, cap campaign contributions, and allocate democracy vouchers to local voters, who can then publicly finance candidates at their discretion.

GREG ABBOTT PLANS TO PLACE ARMORED VEHICLES AT BORDER TO MEET SCARY ASYLUM SEEKERS. Right-wing Texas Governor Greg Abbott has repeatedly and falsely claimed that there’s an “invasion” at the southern border. In reality, he’s the one trying to give the impression of an invasion and is apparently planning to deploy 10 tank-like vehicles to the already-militarized borderlands, Gabe Ortiz noted (11/21).

The plan is part of the ongoing Operation Lone Star scheme, which is costing state taxpayers more than $4 billion so far. “The order issued Thursday by Texas Military Department officials to the headquarters overseeing Operation Lone Star reveals that the National Guard will soon deploy 10 M113 armored personnel carrier vehicles to the border,” Military Times and The Texas Tribune said in a joint report. These same machines are currently being used in Ukraine’s battle against Russian invaders.

But it seems that no one deployed to the southern border by Abbott maybe actually knows how to operate these things, because the report said that 50 soldiers first have to be trained. The report also said that the military department plans to increase aircraft flights. Hopefully, those soldiers already know how to fly those planes.

“It’s not clear why the Texas Military Department plans to deploy the vehicles to the border,” Military Times and The Texas Tribune noted. “Since Operation Lone Star began, the agency has not publicly acknowledged any incidents in which the protection provided by the more nimble Humvee vehicles deployed there was inadequate.”

But lack of transparency is exactly how Abbott’s Operation Lone Star has been operating. He boasts about how successful his policies have been, yet he’s fought the public records requests that could prove that. ProPublica, Marshall Project, and The Texas Tribune have previously reported that Texas has boasted of drug seizures by counties that weren’t even receiving Operation Lone Star funds.

And we actually do know why these vehicles may soon roam American soil (also, where are they coming from?). GOP governors from Texas have frequently timed their anti-immigrant campaigns when Democrats are in power or when seeking office. Greg Abbott has already won his reelection. So it’s either a political tool against President Joe Biden and his administration, or he plans to run in 2024, or both. Ugh.

“After spending $4 billion in taxpayer funds on his disastrous border stunt, Greg Abbott has deployed 10 tanks to the Texas border,” tweeted Sawyer Hackett, senior advisor to former San Antonio mayor and Housing and Urban Development Secretary Julián Castro. “Border crossings have increased since he launched Operation Lone Star.”

Let’s also not forget that Abbott didn’t launch his operation until after Biden became president, even though it was the previous administration’s debunked Title 42 that began a rise in apprehensions.

From The Progressive Populist, December 15, 2022

Populist.com