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Not My President, Not Your’s Either

24 Thursday Dec 2020

Posted by pnoetx in Censorship, Election Fraud, Leftism

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Alexandria Ocasio-Cortez, Angela Davis, Barack Obama, Bernie Sanders, Black Lives Matter, Donald Trump, Foreign Influence, Hing Kong, Hunter Biden, Joe Biden, Taiwan, Uhyger Muslims, Xi Jinping

Now why would I say such a thing? Well, 1) the presidential election was rife with fraud, as many of us feared would be the case (and see here); 2) the supposed winner, Joe “The Plagiarist” Biden, is a figurehead, and he will remain in the White House only as long as he toes the line set down by the Left; and 3) the figurehead is badly compromised by Chinese and other foreign influence: Chairman Xi Jinping of the Chinese Communist Party (CCP) is undoubtedly pleased that such a pliant American president will be taking office.

Those who deny the fraud that took place in the election keep insisting “there’s no evidence!” In fact, there is ample evidence to convince any fair-minded person that massive fraud took place across a number of states (see here, here, here and here). We knew that massive adoption of mail-in ballots was an invitation to fraud. There are many hundreds of affidavits (yes, they constitute evidence) stating that Republican election officials and poll watchers were obstructed in their attempts to observe the counting process on and after Election Day, and worse. There is video evidence of activities coincident with late-night lockouts of Republican poll watchers and outrageous, instant jumps in Biden’s vote totals. There is definitive evidence of process “shortcuts” in several states that led to a large number of unverified ballots. These shortcuts were often taken in contravention of state law. There were failed chains of custody for thousands of ballots across several states. There were dead and out-of-state voters. There were irregularities associated with vote tabulations by Dominion machines. There are hand recounts in a few counties that demonstrate miscounting of ballots. And of course, there was a willful effort to suppress this information by the news media, and outright censorship of this information by social media platforms.

No matter what has or will happen in the courts, state legislatures, or Congress, a large share of the voting public believes there was fraud in this election. In fact, a significant share of democrats believe the election was stolen from President Trump! The fraud goes beyond the electoral process as well. Polls show a substantial number of Biden voters would not have voted for him had they known about the escapades of Hunter Biden and Joe’s role as the family cash cow. The mainstream media and social media platforms also deliberately suppressed the information about Hunter Biden’s pay-for-play scandal prior to the election. And that came after months of avoiding any real scrutiny of Biden’s policy agenda and his fitness as a candidate. Instead, the media asked Joe tough questions about his favorite ice cream.

Not your president? The Hunter Biden saga creates doubt about who Joe Biden is likely to serve as President. To whom is Joe beholden for “taking care” of “the big guy’s” family? How about Hunter’s deals in the Ukraine and Russia? How heavily was the CCP involved in Hunter’s business ventures? How much is Joe compromised by these unfortunate ties? What kind of compromises might it be worth to Joe to avoid further exposure? Should the Biden Administration overlook the plight of the Uhygers? Turn the cheek on Hong Kong? Sacrifice Taiwan? Allow Chinese technology to be embedded in U.S. communications hardware? Cede international rights in the South China Sea? Perhaps Joe will be Chairman Xi’s President. And perhaps others hold cards, such as the hostile Iranian regime. Not our president.

Finally, if you *think* you voted for Joe as president, be aware that he is, even now, a doddering figurehead, a puppet of the Left whose strings might well be clipped when he demonstrates even a hint of incapacity. It might not be long. Perhaps the Left will adopt Hunter’s imbroglio as an excuse to take Joe down. It seems more than a little suspicious that the media, post-election, has finally begun to talk about Hunter’s miscues and Joe’s “possible” involvement.

But even if Joe remains in the Oval Office through a first term, just who will be in charge? Joe? No, he is captive to the interests that helped put him there. We might just as well call him “Any-Way-the-Wind-Blows Joe”. Angela Davis, former VP of the Communist Party USA, said during the primaries that she supported Biden because he:

“… can be most effectively pressured into allowing more space for the evolving anti-racist movement.”

Well, Joe better not compromise with anyone or accept any policy that Angela Davis deems “racist”.

Let’s consider a few influences expected to be paramount in pulling Joe’s strings: Barack Obama, Alexandria Ocasio-Cortez, Julian Castro, and Black Lives Matter. Bernie Sanders will also loom large, and of course Kamala Harris will be there to push the leftist agenda, and she’ll be waiting in the wings when Joe loses his tentative grip on the reins of the progressive machine. Joe better not resist these forces: he can be manipulated, and if he strays from the path, he and his presidency can be cancelled.

If you are a member of the Marxist wing of the coalition, you might have him just where you want him. If you are a member of the CCP, then he might be your president. But he is not the president of the disenfranchised voters whose majority was outstripped by the mailed ballot fraud. And if you are a centrist Democrat, you should awaken to the reality of the hard-left movement with which you’ve joined forces. Do not accept it as a legitimate governing force. No, Joe Biden will not be your president.

As I’ve noted in the past, apologists willing to look past Joe Biden’s domestic and foreign controllers and the fraudulent election are not to be trusted. Indeed, they have been willing to look past Biden’s personal status as a fraud, from his many lies about his family to his admitted plagiarism, to his denial of sexual aggression toward female staffers. In summary, I can’t put it any better than Newt Gingrich does here:

“… I have no interest in legitimizing the father of a son who Chinese Communist Party members boast about buying. Nor do I have any interest in pretending that the current result is legitimate or honorable. It is simply the final stroke of a four-year establishment-media power grab. It has been perpetrated by people who have broken the law, cheated the country of information, and smeared those of us who believe in America over China, history over revisionism, and the liberal ideal of free expression over cancel culture.”

Benford’s Law and Election Fraud Detection

12 Thursday Nov 2020

Posted by pnoetx in Election Fraud

≈ 1 Comment

Tags

Allegheny County, Benford’s Law, Chicago, Donald Trump, Election Fraud, First-Digit Testr, Fulton County, Golden Age of Gaia, Joe Biden, Leading Digit Test, MIlwaukee, Recounts, Second-Digit Test, Test Statistic, Walter Mebane

Like many others, I strongly suspect widespread ballot fraud in the presidential election, as well as miscounting due to software problems in certain jurisdictions. I therefore fully support the legal challenges and recounts now getting underway. However, there is one indicator of fraud, now widely cited by Republicans, in which I have no confidence as applied. It’s a statistical tool based on Benford’s Law, which can serve as a signal of voter fraud. I mentioned it briefly in my last post. At the risk of getting ahead of myself, here’s what I said then:

“… Benford’s Law … is a “forensic” test of fraud based on statistical theory, but I do not trust the form in which it’s been invoked thus far. Violations have been cited in several counties over the past few days. However, a violation of this law obviously doesn’t constitute direct evidence of fraud, and the test is a reliable indicator only when the number of voters in different precincts vary by orders of magnitude (there must be a mix of [numbers in the] 10s, 100s, 1,000s, 10,000s). With precinct sizes, that is often not the case. There is a more reliable form of Bedford’s law, but I have not seen its application to any results in this election.“

The last link above is to a paper by Walter Mebane of the University of Michigan. I’ll refer to his work below, including some post-election tests he’s conducted.

First Digits

Benford’s Law holds that many collections of numbers encountered in nature or human affairs (populations of ant colonies, accounting data) will have a large proportion of leading digits that are low numbers. For example, the number 1 will tend to appear as the leading digit about 30% of the time; the number 2 will be the leading digit about 18% of the time, while the number 9 will be the leading digit less than 5% of the time. The broader the range of the numbers, the more accurately they will conform to Benford’s Law. As I stated above, a range of numbers covering several orders of magnitude will approximate Benford’s Law fairly well, while a range confined to a single order of magnitude generally won’t conform unless its distribution is extremely skewed toward the low end of the range.

What does that have to do with election fraud? If the number of votes across different voting precincts cover several orders of magnitude (for example, single digits, 10s, 100s, and 1,000s), they should conform to Benford’s Law. The distribution of first digits across precincts should look a lot like the chart above. If they don’t conform, it’s an indication that votes may have been altered or added. That’s because Benford’s Law tends to break down when an independent process leads to additive changes to the original numbers (rather than multiplicative changes, such as population growth).

So again, there have been claims that several cities had presidential voting patterns suggesting violations of Benford’s Law for Joe Biden, but not for Donald Trump and other candidates. These were Milwaukee, WI, Chicago, IL, and Allegheny County, PA. Subsequently I saw similar claims about other cities and counties, such as Fulton County, GA.

The chart below shows the results for Milwaukee. I show only three of the candidates’ distributions of first digits, but the other candidates, who garnered relatively few votes, look much like the one on the far right. The chart shows that Joe Biden’s distribution looks nothing like Benford’s Law would suggest, while Trump’s does. The assertion is that Biden’s pattern is a sign of fraudulent voting.

The problem with these claims is that the size of the precincts and variations in votes across wards might not support the validity of Benford’s Law. I looked at the 327 election wards in the City of Milwaukee, which range in size from just a few voters to several thousand, but most have less than 1,000 voters. The average turnout of registered voters across wards was over 78%, and the average number of ballots cast per ward was 757. Biden received almost 80% of the votes in Milwaukee, or about 595 per ward; Trump received an average of 148.

(I should note that in seven wards there were controversial, post-election upward adjustments in the number of registered voters, where voter turnout had originally been calculated as greater than 100%. Needless to say, that is rather suspicious. However, I disclose now that the data were collected after these adjustments were made.)

What’s important in the application of Benford’s Law is the distribution of votes across wards. Biden’s distribution of votes across wards in Milwaukee was concentrated between 186 and 1,196 (the middle 90% of his distribution of ward votes), and again, centered at 595. For Trump, 90% of his ward vote totals were between 14 and 412. It should be no surprise that a large share of Biden’s vote totals would have leading digits of 4, 5, and 6, while Trump had lower leading digits. So the charts of leading digits for Milwaukee are really artifacts of the narrow distributions of ward votes for these candidates. Broader distributions covering several orders of magnitude would provide first-digit analysis more capable of indicating fraud, if it occurred.

Second Digits

The other Benford-type test of fraud mentioned above is based on the second digit of vote totals, and it is not sensitive to the width of the vote distributions. The typical pattern of second digits is much less pronounced than first digits, but there is still a smooth decline from smaller to larger second digits. I found the two charts below on the Golden Age of Gaia site, of all places. They contrast the frequency of second digits from the Biden and Trump vote totals by precinct for ballots in Allegheny County, PA. The usual pattern of second digits is plotted along the orange line, but whoever prepared these charts mislabelled the horizontal axes (they should run from zero to nine).

Joe Biden’s frequencies are irregular, with significant differences for some values of the second digit. Trump’s pattern is more typical. However, I learned today that Walter Mebane had performed a few second-digit tests on Allegheny County and Milwaukee. He calculates an overall test statistic for the full set of second-digit values and finds the statistics for those counties to be within a certain reasonable range, or at least he felt they could be explained by other factors.

Visually, however, there is a sharp contrast between the Biden and Trump charts. And the data has been in flux, so it’s not clear that the charts correspond to exactly the same data tested by Mebane.

In the end, these tests offer no real guidance in this case. All tests of this kind offer circumstantial evidence, at best, and they are invalid under some circumstances. As Mebane said in his 2006 paper:

“… to prevent election fraud, appropriate practices need to be used while the election is being conducted. Insecure or opaque voting technology or election administration procedures should not be used. The election environment should not foment chaos and confusion. Not only should elections be secure and fair, but everyone should know they are secure and fair.“

Chaos and confusion…. yes, that sounds about like the 2020 election environment. Mebane is obviously aware of the limitations of the statistics in which he specializes. Nevertheless, these tests are broadly used in a variety of applications. Crazy results raise suspicions, but sometimes they are not the best leads in pursuing claims of election fraud. There are plenty of other red flags in the present case. The states now in dispute are close, and most of those votes will be subject to recount anyway.

Ballot Bamboozles, Enablers, and Trust

10 Tuesday Nov 2020

Posted by pnoetx in Election Fraud

≈ 1 Comment

Tags

Audit, BBC, Benford’s Law, Donald Trump, Election Fraud, Joe Biden, Jonathan Adler, President-Elect, Que Sera Sera, Recount, Red Flags, Trust

Since Saturday I’ve heard people in the media refer to “President-Elect Biden”, and I heard “President Biden” in one instance. He is neither, at least not yet. If and when the results of the election are certified in enough states to give Biden 270+ electoral votes, my attitude will be “Que Sera, Sera“. We can then move on to other challenges. But we aren’t there yet. Much remains to be settled in several states, and whether there is a change in the outcome of the presidential election might not be as important as cleaning up the mess that’s become of our election system.

Here’s a little primer on the signs of election fraud from the BBC. Several of those signs appear very much like what we see now. The list of red flags arising from the results of this election is long, and the denials from authorities in charge of the process in various jurisdictions look increasingly suspicious. We have turnout greater than the number of registered voters in several areas, dead voters, out-of-state voters, poll observers who were refused entry or held at impractical distances, late-night suspension of counts resuming after observers departed, ballot arrivals with no chain of custody, a huge number of Biden ballots with no votes for down-ballot candidates and few cases of the same for Trump. If you hadn’t guessed, the down-ballot discrepancy smacks of vote manufacturing. The sheer volume of last day “provisional” ballots is suggestive of ballot harvesting activity. And there are a number of other irregularities. A retired auditor/blogger compiled a nice list of red flags several days ago. This update is even better.)

As Jonathan Turley notes, as Americans we should welcome reviews of close elections. It would be a travesty to ignore these strong indications of fraud. Doing so would disenfranchise millions of voters, destroy confidence in our democratic system, and reward aberrant behavior. And for readers of this blog who might be aghast that we’re unwilling to simply absolve election authorities and other helpers who managed to produce or allow these red flags, the simple fact of the matter is we don’t trust them, and we don’t trust you either!

No, we do not trust authorities who tell us to ignore the kinds of obvious red flags that have arisen in this election. Election fraud has a long history in many of the jurisdictions now in dispute. This is just one form of the corruption endemic to one-party rule in many of these localities. No one is accountable and rules can be broken with the support of the local party machine. These are mini-swamps, and they should be drained.

The media is of course a giant swamp of its own, refusing to acknowledge or report on the very real warning signs of fraud. This is not journalism, and sadly, those who would contemplate violating the code are victims of intimidation. The very act of pronouncing Joe Biden the “President-Elect” at this stage is bad enough as an assertion of power. In addition, we have social media platforms censoring those who would call attention to obvious signs of fraud. This is an authoritarian play. It goes without saying that we do not trust the media, who are doing their best to game these challenges out of existence. Not gonna happen.

And neither do we trust those who would burn our cities, or forgive those who do; who would keep lists of those with whom they disagree and suggest reeducation; who would engage in eliminationist rhetoric; who would unfairly accuse opponents of racism, despite the racism and anti-semitism in their own ranks; who for years years would parrot false claims of Russian collusion, attempting to invalidate the last election; who would ignore the Biden family history of influence peddling and lies! And who would insist that the media’s proclamation of a winner in this election is beyond question. If that’s who you are, you are in the swamp. You’re either naive or evil. No, we don’t trust you.

The recent changes in election rules, ostensibly due to COVID, produced a chaotic situation many foresaw. I view the overwhelming support for these changes on the Left as wholly opportunistic. It created ample opportunities for fraud, and not only in the mini-swamps. Now, the presumed outcome, no matter how likely or how much you might like it, is no excuse for failing to adjudicate very real disputes, investigate or audit irregularities, and recount votes where state law or the courts demand it.

One reservation I have about the claims of fraud has to do with so-called violations of Benford’s Law. It is a “forensic” test of fraud based on statistical theory, but I do not trust the form in which it’s been invoked thus far. Violations have been cited in several counties over the past few days. However, a violation of this law obviously doesn’t constitute direct evidence of fraud, and the test is a reliable indicator only when the number of voters in different precincts vary by order of magnitude (there must be a mix of 10s, 100s, 1,000s, 10,000s). With precinct sizes, that is often not the case. There is a more reliable form of Bedford’s law, but I have not seen its application to any results in this election.

One last point that might be of interest: a reasonable scenario would leave the electoral college tied at 269. This would involve Trump taking NC and AK, while AZ, GA, and WI flip to Trump with MI and PA remaining in Biden’s column. The election would then be decided in the House of Representatives. However, the outcome there is not based on a straight vote. Instead, there is a single vote for each state delegation. As it turns out, Republicans hold the advantage there, despite their minority membership in the House.

Biden Brainstorm: Nationwide Lockdown, Mask Mandate

01 Sunday Nov 2020

Posted by pnoetx in Liberty, Pandemic, Tyranny

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Coronavirus, Covid-19, Donald Trump, Joe Biden, Lockdown Deaths, Mask Mandate, Nationwide Lockdown, Pete Buttigieg, Presidential Powers, Viral Load

Ah, so Mayor Pete Buttigieg of South Bend, Indiana, one of garbling Joe Biden’s campaign surrogates, says Biden will indeed consider a national lockdown if elected. Oh, fine. And Biden accused Trump of destroying the economy? These dumb-asses must think people have memory spans of about a second.

There are several gigantic problems with foggy Joe’s idea: first, it’s not within a president’s power to impose a nationwide lockdown, as the chorus of experts reminded us last spring when Trump mentioned it. Second, the evidence suggests that lockdowns don’t work to eliminate the virus; they delay its spread at best. Third, as we’ve witnessed, lockdowns themselves have enormous public health consequences, leading to a variety of severe maladies, despondency, and excess non-COVID deaths. That’s simply unacceptable. Finally, the economic damage imposed by lockdowns is horrific and often permanent. We’re talking about destroying the independent livelihoods of people. Permanently! Lockdowns are especially hard on those at the bottom of the economic ladder, who are disproportionately minorities. That’s so obvious, and yet very difficult for elites to gather in.

Here’s another one: today Biden said he would impose a “national mandate” on masks and social distancing on Day One of his presidency. Like lockdowns, evidence is accumulating that masks do not work to contain the virus, and in fact they might be counter-productive (also see here, here, here, and here). Biden’s people will probably also insist on a mandating a government-approved contact-tracing app on your cell phone. Not if I can help it! But don’t get me wrong… I wear a mask in public buildings as an act of voluntary cooperation and to be polite. I also hold out some hope that it will keep the viral load minimal should anything float my way, but whatever lands on the mask might stick with it … and me!

Measures like those Biden contemplates are major assaults on our liberty. And the thing is, if any of it comes to pass, the restrictions might never go away. We’ll be asked to do this every flu season, or perhaps permanently to protect each other from “germs”. This is an authoritarian move, one that we should all resist, even if you’re freaked out by the virus. The best way to resist right now is to vote for Donald Trump.

And please, don’t give me any bullshit about our “responsibility” to lock down, and how mandatory masks are necessary to protect the vulnerable. Is poverty now a “responsibility”? The most highly vulnerable can be protected without masks, and maybe better. Beyond that, people must be free to determine their own level of risk tolerance, just as they have for millennia with respect to a broad spectrum of serious risks, pathogens or otherwise. That’s a dimension of freedom about which no one should be so cavalier.

The Biden Family Influence Racket

31 Saturday Oct 2020

Posted by pnoetx in Corruption, Politics

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Barack Obama, Burisma Holdings, CCP, China Entrepreneur Club, Chinese Communist Party, Hunter Biden, Jim Biden, Joe Biden, John Ratcliffe, Rudy Giuliani, Senate Finance Committee, Senate Homeland Security Committee, Tony Bobulinski

If you’ve heard the Biden family’s long-time influence peddling racket is “fake news”, and you believe it, you’ve been manipulated. It’s certainly not a new story, in and of itself. There are certain mainstream media outlets that wouldn’t dream of reporting it now that not long ago were calling out the Bidens over this issue. It’s easy to be suspicious, given Hunter Biden’s lucrative association with the scandal-plagued Ukrainian energy firm Burisma. His contract with Burisma was executed around the time his dad Joe, the Vice President at the time, became heavily involved in President Obama’s diplomatic efforts in the Ukraine. Joe actually bragged publicly that he’d threatened to withhold U.S. loan guarantees unless a certain prosecutor was fired, a man who just happened to be investigating Burisma!

Then there were Hunter Biden’s manuevers in China, another country in which father Joe had been assigned as point man for the Obama Administration’s diplomatic efforts. The father and son travelled together, and it was well known that Hunter made a very profitable business deal with a billionaire owner of a Chinese energy firm, one with important connections to the Chinese Communist Part (CCP). Suspicious, to be sure.

But let’s review what’s happened more recently:

  • Earlier this month, the New York Post reported that the owner of a computer repair shop in Delaware came forward with a copy of a hard drive from a laptop. The owner claimed the laptop had been left with him by a besotted Hunter Biden in April 2019. Biden never picked it up, even after a reminder, so ownership of the laptop reverted to the shop. The owner said it contained compromising material on the Bidens.
  • The owner had turned over the laptop to the FBI almost a year ago because he feared that its possession might expose him to danger, given its contents. Apparently, the FBI did not follow up with him. This motivated the shop owner to go public with the help of Rudy Guiliani.
  • Unbelievably, Facebook and Twitter blocked the Post story. Twitter actually froze the Post’s account, pretending that the story was false. Twitter subsequently admitted their “error”, grudgingly course, under a continuing threat of losing Section 230 protections. Other media outlets have done their best to dismiss the story as “fake news”, even planting decoy stories like the one discussed at this link.
  • The laptop and the contents of the hard drive were subsequently verified as legitimate. There were false media claims that the laptop was a fake, or some kind of Russian conspiracy, but Director of National Intelligence John Ratcliffe quickly dispelled those claims. Officials with both the FBI and DOJ have confirmed Ratcliffe’s statement.
  • Hunter Biden’s attorney actually contacted the shop owner in mid-October, after the story broke, asking for the return of the laptop. There are several reasons they might want to review its contents. It allegedly contains photos that do not reflect well on Hunter Biden, and that might implicate him in other illegal activity. And a Chinese TV network has more lurid material. Well, like father, like son?
  • As disturbing as that may be, the larger story involves the trove of emails and texts on the laptop between Hunter Biden and his business associates. The messages indicate that Hunter Biden and his uncle, Jim Biden, were involved in a heavy influence peddling operation.
  • The materials offer fairly strong evidence that Joe Biden was a financial beneficiary of the deals cut by Hunter and his team. These are deals that would have compromised Joe Biden in his dealings with foreign nations, and in particular the Ukraine and China.
  • Subsequently, two of Hunter Biden’s business associates confirmed the authenticity of the controversial communications made public. One of them, an investor and ex-naval officer named Tony Bobulinski, was brought in by the Bidens as CEO of their partnership with the Chinese. Bobulinski says he met with Joe Biden twice regarding the Chinese business deal for which Hunter solicited his support, and he calls Joe Biden a liar. Bubolinsky has been interviewed by the FBI and has provided documents to the Senate Homeland Security Committee and the Senate Finance Committee.
  • There is now word that the laptop was actually subpoenaed by the FBI in late 2019 as part of a money laundering investigation, which appears to be ongoing.
  • Until a few days ago, no one in the Biden family, nor the Biden campaign, had denied that the laptop belonged to Hunter. But Joe Biden gave a blunt denial this week, saying of the whole story: “There is no controversy about my son. That’s a hell of a lie! That’s a flat lie because the president has nothing else to run on.” Alright Joe, so this whole thing is politically motivated. You might be right about the timing, but that certainly doesn’t vindicate your family of the corruption evident in these messages and the accounts offered by your son’s associates.
  • Now, there is documented proof of an earlier favor bestowed on the Chinese by Hunter Biden, his associates, and members of the Obama Administration, including Joe Biden. This was in 2011, when a group called the China Entrepreneur Club (CEC) arranged through Hunter’s associates to tour the White House and meet with Joe Biden and other officials. The group included CCP and Chinese government officials as well as influential Chinese businessmen. It also resulted in some lucrative deals for Hunter Biden and his partners. The purpose of the meetings was put thusly by a Hunter Biden contact who helped arrange it, as quoted at the last link: “… CEC’s ‘mandate’ was ‘to let the U.S. know that the Chinese “private sector” [scare quotes in original] is ready and willing to invest in America.’ He thus observed the opportunity to leverage government policy and lucrative business: Cultivating the CEC would be ‘a soft diplomacy play that could be very effective.’” Specific deals for Hunter Biden’s team were also discussed by the partners in connection with the CEC visit.

It’s no surprise that Joe Biden is a liar: his history as a plagiarist is well known. He also falsely claimed the truck driver involved in the accident that killed his first wife was driving drunk. But these recent revelations are pretty damning. As president, any dealings Joe Biden might have with the Chinese would be severely compromised. He sold out his country to build his family’s wealth. It’s also been disturbing to witness the media’s effort to provide cover for the Bidens. This is not the work of journalists; it’s the work of propagandists in the tank for a candidate.

Four More Years to MAGAA

28 Wednesday Oct 2020

Posted by pnoetx in Big Government, Liberty, Politics

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Abraham Accords, Affordable Care Act, Amy Coney Barrett, Brett Kavanaugh, corporate taxes, Covid-19, Critical Race Theorist, David E. Bernstein, Deregulation, Donald Trump, Dreamers, Election Politics, Federalism, Free trade, Gun Rights, Immigration, Impeachment, Individual Mandate, Joe Biden, Joel Kotkin, Living Constitution, Medicare, Middle East Peace, Nancy Pelosi, National Defense, Nationalism, NATO, Neil Gorsuch, Originalism, Paris Climate Accord, Pass Through Business, Penalty Tax, Social Security, United Nations

As a “practical” libertarian, my primary test for any candidate for public office is whether he or she supports less government dominance over private decisions than the status quo. When it comes to Joe Biden and his pack of ventriloquists, the answer is a resounding NO! That should clinch it, right? Probably, but Donald Trump is more complicated….

I’ve always viewed Trump as a corporatist at heart, one who, as a private businessman, didn’t give a thought to free market integrity when he saw rent-seeking opportunities. Now, as a public servant, his laudable desire to “get things done” can also manifest to the advantage of cronyists, which he probably thinks is no big deal. Unfortunately, that is often the way of government, as the Biden family knows all too well. On balance, however, Trump generally stands against big government, as some of the points below will demonstrate.

Trump’s spoken “stream of consciousness” can be maddening. He tends to be inarticulate in discussing policy issues, but at times I enjoy hearing him wonder aloud about policy; at other times, it sounds like an exercise in self-rationalization. He seldom prevaricates when his mind is made up, however.

Not that Biden is such a great orator. He needs cheat sheets, and his cadence and pitch often sound like a weak, repeating loop. In fairness, however, he manages to break it up a bit with an occasional “C’mon, man!”, or “Here’s the deal.”

I have mixed feelings about Trump’s bumptiousness. For example, his verbal treatment of leftists is usually well-deserved and entertaining. Then there are his jokes and sarcasm, for which one apparently must have an ear. He can amuse me, but then he can grate on me. There are times when he’s far too defensive. He tweets just a bit too much. But he talks like a tough, New York working man, which is basically in his DNA. He keeps an insane schedule, and I believe this is true: nobody works harder.

With that mixed bag, I’ll now get on to policy:

Deregulation: Trump has sought to reduce federal regulation and has succeeded to an impressive extent, eliminating about five old regulations for every new federal rule-making. This ranges from rolling back the EPA’s authority to regulate certain “waters” under the Clean Water Act, to liberalized future mileage standards on car manufacturers, to ending destructive efforts to enforce so-called net neutrality. By minimizing opportunities for over-reach by federal regulators, resources can be conserved and managed more efficiently, paving the way for greater productivity and lower costs.

And now, look! Trump has signed a new executive order making federal workers employees-at-will! Yes, let’s “deconstruct the administrative state”. And another new executive order prohibits critical race theory training both in the federal bureaucracy and by federal contractors. End the ridiculous struggle sessions!

Judicial Appointments: Bravo! Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, and over 200 federal judges have been placed on the bench by Trump in a single term. I like constitutional originalism and I believe a “living constitution” is a corrupt judicial philosophy. The founding document is as relevant today as it was at its original drafting and at the time of every amendment. I think Trump understands this.

Corporate Taxes: Trump’s reductions in corporate tax rates have promoted economic growth and higher labor income. In 2017, I noted that labor shares the burden of the corporate income tax, so a reversal of those cuts would be counterproductive for labor and capital.

At the same time, the 2017 tax package was a mixed blessing for many so-called “pass-through” businesses (proprietors, partnerships, and S corporations). It wasn’t exactly a simplification, nor was it uniformly a tax cut.

Individual Income Taxes: Rates were reduced for many taxpayers, but not for all, and taxes were certainly not simplified in a meaningful way. The link in the last paragraph provides a few more details.

I am not a big fan of Trump’s proposed payroll tax cut. Such a temporary move will not be of any direct help to those who are unemployed, and it’s unlikely to stimulate much spending from those who are employed. Moreover, without significant reform, payroll tax cuts will directly accelerate the coming insolvency of the Social Security and Medicare Trust Funds.

Nonetheless, I believe permanent tax cuts are stimulative to the economy in ways that increased government spending is not: they improve incentives for effort, capital investment, and innovation, thus increasing the nation’s productive capacity. Trump seems to agree.

Upward Mobility: Here’s Joel Kotkin on the gains enjoyed by minorities under the Trump Administration. The credit goes to strong private economic growth, pre-pandemic, as opposed to government aid programs.

Foreign Policy: Peace in the Middle East is shaping up as a real possibility under the Abraham Accords. While the issue of coexisting, sovereign Palestinian and Zionist homelands remains unsettled, it now seems achievable. Progress like this has eluded diplomatic efforts for well over five decades, and Trump deserves a peace prize for getting this far with it.

Iran is a thorn, and the regime is a terrorist actor. I support a tough approach with respect to the ayatollahs, which a Trump has delivered. He’s also pushed for troop withdrawals in various parts of the world. He has moved U.S. troops out of Germany and into Poland, where they represent a greater deterrent to Russian expansionism. Trump has pushed our NATO allies to take responsibility for more of their own defense needs, all to the better. Trump has successfully managed North Korean intransigence, though it is an ongoing problem. We are at odds with the leadership in mainland China, but the regime is adversarial, expansionist, and genocidal, so I believe it’s best to take a tough approach with them. At the UN, some of our international “partners” have successfully manipulated the organization in ways that make continued participation by the U.S. of questionable value. Like me, Trump is no fan of UN governance as it is currently practiced.

Gun Rights: Trump is far more likely to stand for Second Amendment rights than Joe Biden. Especially now, given the riots in many cities and calls to “defund police”, it is vitally important that people have a means of self-defense. See this excellent piece by David E. Bernstein on that point.

National Defense: a pure public good; I’m sympathetic to the argument that much of our “defense capital” has deteriorated. Therefore, Trump’s effort to rebuild was overdue. The improved deterrent value of these assets reduces the chance they will ever have to be used against adversaries. Of course, this investment makes budget balance a much more difficult proposition, but a strong national defense is a priority, as long as we avoid the role of the world’s policeman.

Energy Policy: The Trump Administration has made efforts to encourage U.S. energy independence with a series of deregulatory moves. This has succeeded to the extent the U.S. is now a net energy exporter. At the same time, Trump has sought to eliminate subsidies for wasteful renewable energy projects. Unfortunately, ethanol is still favored by energy policy, which might reflect Trump’s desire to assuage the farm lobby.

Climate Policy: Trump kept us out of the costly Paris Climate Accord, which would have cost the U.S. trillions of dollars in lost GDP and subsidies to other nations. Trump saw through the accord as a scam under which leading carbon-emitting nations (such as China) face few real obligations. Meanwhile, the U.S. has led the world in reductions in carbon emissions during Trump’s term, even pre-pandemic. That’s partly a consequence of increased reliance on natural gas relative to other fossil fuels. Trump has also supported efforts to develop more nuclear energy capacity, which is the ultimate green fuel.

COVID-19 Response: As I’ve written several times, in the midst of a distracting and fraudulent impeachment attempt, Trump took swift action to halt inbound flights from China. He marshaled resources to obtain PPE, equipment, and extra hospital space in hot spots, and he kick-started the rapid development of vaccines. He followed the advice of his sometimes fickle medical experts early in the pandemic, which was not always a good thing. In general, his policy stance honored federalist principles by allowing lower levels of government to address local pandemic conditions on appropriate terms. If the pandemic has you in economic straits, you probably have your governor or local officials to thank. As for the most recent efforts to pass federal COVID relief, Nancy Pelosi and House Democrats have insisted on loading up the legislation with non-COVID spending provisions. They have otherwise refused to negotiate pre-election, as if to blame the delay on Trump.

Immigration: My libertarian leanings often put me at odds with nationalists, but I do believe in national sovereignty and the obligation of the federal government to control our borders. Trump is obviously on board with that. My qualms with the border wall are its cost and the availability of cheaper alternatives leveraging technological surveillance. I might differ with Trump in my belief in liberalizing legal immigration. I more strongly differ with his opposition to granting permanent legal residency to so-called Dreamers, individuals who arrived in the U.S. as minors with parents who entered illegally. However, Trump did offer a legal path to citizenship for Dreamers in exchange for funding of the border wall, a deal refused by congressional Democrats.

Health Care: No more penalty (tax?) to enforce the individual mandate, and the mandate itself is likely to be struck down by the Supreme Court as beyond legislative intent. Trump also oversaw a liberalization of insurance offerings and competition by authorizing short-term coverage of up to a year and enabling small businesses to pool their employees with others in order to obtain better rates, among other reforms. Trump seems to have deferred work on a full-fledged plan to replace the Affordable Care Act because there’s been little chance of an acceptable deal with congressional Democrats. That’s unfortunate, but I count it as a concession to political reality.

Foreign Trade: I’m generally a free-trader, so I’m not wholeheartedly behind Trump’s approach to trade. However, our trade deals of the past have hardly constituted “free trade” in action, so tough negotiation has its place. It’s also true that foreign governments regularly apply tariffs and subsidize their home industries to place them at a competitive advantage vis-a-vis the U.S. As the COVID pandemic has shown, there are valid national security arguments to be made for protecting domestic industries. But make no mistake: ultimately consumers pay the price of tariffs and quotas on foreign goods. I cut Trump some slack here, but this is an area about which I have concerns.

Executive Action: Barack Obama boasted that he had a pen and a phone, his euphemism for exercising authority over the executive branch within the scope of existing law. Trump is taking full advantage of his authority when he deems it necessary. It’s unfortunate that legislation must be so general as to allow significant leeway for executive-branch interpretation and rule-making. But there are times when the proper boundaries for these executive actions are debatable.

Presidents have increasingly pressed their authority to extremes over the years, and sometimes Trump seems eager to push the limits. Part of this is born out of his frustration with the legislative process, but I’m uncomfortable with the notion of unchecked executive authority.

•••••••••••••••••••••••••••••••••••••••••••••••••

Of course I’ll vote for Trump! I had greater misgivings about voting for him in 2016, when I couldn’t be sure what we’d get once he took office. After all, his politics had been all over the map over preceding decades. But in many ways I’ve been pleasantly surprised. I’m much more confident now that he is our best presidential bet for peace, prosperity, and liberty.

Portents of Harris-Biden Nation

22 Thursday Oct 2020

Posted by pnoetx in Politics

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#MeToo, Anthony Weiner, Antifa, Barack Obama, Black Lives Matter, Court Packing, Critical Race Theory, Donald Trump, Green New Deal, Harvey Weinstein, Hunter Biden, Jeffrey Toobin, Joe Biden, Kamala Harris, Lockdowns, Marxism, Nancy Pelosi, Public Health, Scientism

Joe Biden is a weak figurehead, a one-time moderate faltering over a coalition of leftists. If you wonder why Nancy Pelosi floated legislation to establish a committee on “presidential capacity,” don’t think so much about her loathing for Donald Trump; think about poor Joe Biden. He might be shunted aside just as soon as the power grab isn’t too obvious. They know well how Barack Obama famously said, “Don’t underestimate Joe’s ability to f*ck things up.” But whether Joe Biden is in control of anything, think about who he stands with:

The Violent Left: Marxist Antifa and Marxist BLM; opposed to law and order; burning cities; spewing eliminationist rhetoric; hissing n*g**r at black cops;

Police Defunders: won’t acknowledge good policing is needed more than ever, especially in minority communities;

“Ministers of Truth”: social media platforms exerting control over what we say and what we see;

Re-Educators: democrats push for a “Truth and Reconciliation Commission” to address the “issue” of Trump supporters;

Critical Race Theorists: a Marxist front whereby every word and action is viewed in the context of racial bias and victimization; they want reparations; on your knees.

The Scientistic: who labor under the delusion that “science” should guide all administrative and political decisions. Or someone’s version of science. The very idea is antithetical to the scientific domain, which deals only with falsifiable hypotheses. Few matters of value can be addressed using the tools of science exclusively, nor can they address matters of ethics.

Fear Mongers: would rule by precaution; risks are always worth exaggerating to existential proportions;

Lockdown Tyrants: refuse to acknowledge the steep public health costs of lockdowns; stripping individual liberties indefinitely, including the right to contract, free practice of religion, and assembly;

Insurrectionists: who fabricated a Russian collusion hoax to subvert the 2016 election, and later to overthrow a sitting president;

Gun Confiscators: they will if we let them;

Abortionists: would use federal tax dollars to fund the murder of millions of babies late into pregnancy, primarily black babies;

Fluid-Genderists: insist that children should be encouraged to explore transgenderism;

Taxers: won’t stop with punitive taxes on the wealthy and employers; it’s just not easy to milk high earners in a way that’s sufficient to pay for the fiscal debauchery demanded by the Biden-Harris constituency. Joe says he will raise taxes by $3.4 trillion.

Spenders: $2 trillion of new federal education outlays, including universal pre-K and free community college; the Green New Deal (see below). After all, the democrats are the party that can’t tell the difference between a cut in spending and a reduction in spending growth. If you think Trump is a big spender, their plans are astonishing;

Green New Dealers: would spend trillions to restrict energy choices, transfer U.S. wealth overseas in the name of international carbon reduction, and reduce our standard of living;

Redistributionists: would tax job creators not simply for the benefit of supporting the needy, but for anyone regardless of need (see UBI); this extends to plans to bail out blue states and cities with insolvent public employee pension funds;

Interventionists: would regulate all phases of life, including straws, sugary drinks, and your fireplace; they will burden private initiative; create artificial, politically-favored winners skilled at manipulating regulatory rules for competitive reasons; and create losers who are typically too small to handle the burden;

Medical Socialists: will strip your private health insurance, dictate the care you may receive, fix prices, and regulate physicians and other providers. You’ll love the care abroad, if you can afford to get out when your sick.

Public School Monopolists: poorly performing, beholden to teachers’ unions, unresponsive to taxpayers and often parents; they would happily revoke school choice;

Federal Suburb Rezoners: demanding low-income housing in every community;

Court Packers: to destroy the independent judiciary;

Iran Apologists: give them cash on the tarmac, let them develop their “peaceful” nuclear program; alienate the rest of the Middle East;

Grifters: marketing their influence as public servants for private gain; never exclusive to one side of the aisle, but the Biden family has certainly traded on Joe to enrich themselves;

Smear Merchants: fabricated allegations against Brett Kavanaugh; impugned Amy Coney Barrett’s religious faith;

Perverts: Harvey Weinstein, Anthony Weiner, Jeffrey Toobin, Hunter Biden, and Bill Clinton, to name just a few; even Joe has his #MeToo accusers;

I could go on and on, but Harris-Biden voters should get a strong taste of their compatriots from the list above. It reflects the overriding prescriptive, bullying, and sometimes violent nature of the Left. They’d have you think all material goods can be free. Presto! They presume to have the knowledge and wisdom to plan the economy and your life better than you, Better than free markets and free people. What they’ll need is a lot of magic, or it won’t go well. You’ll get poverty and tears. I’m not sure Joe has the desire or the wherewithal to rein in his coalition of idiots.

Joe’s “Boom”: Mendacity or Memory Loss?

06 Tuesday Oct 2020

Posted by pnoetx in economic growth, Executive Authority

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Tags

Barack Obama, Coronavirus, Donald Trump, economic growth, Economic Stimulus of 2009, Issues & Insights, Job Growth, Joe Biden, Lockdowns, Non-Pharmaceutical interventions, Pandemic, Presidential Debate, Public Health, Shovel-Ready Projects

Joe Biden has claimed that he and Barack Obama had left Donald Trump with a “booming” economy to start his term in office. Of course, if he had anything to do with economic performance during the Obama Administration, it may have been his oversight of the mismanaged and ineffective “shovel-ready” stimulus program of 2009, For his sake, one might hope (and suspect) his oversight was nominal. In any case, his characterization of the Obama economy is not really accurate, as this editorial at Issues and Insights demonstrates. I could argue with a few of their points, but the thrust of it is correct. The economy weakened in 2015 and 2016, and expectations were for continued slow growth or possibly a recession in 2017 or after. At that point, many economists thought the aging expansion might be on its last legs. But economic growth exceeded expectations after Trump took office. As for job growth, economists predicted relatively sluggish growth in 2017-2019, but actual job growth exceeded those projections by more than three times.

Finally, Biden’s assertion that “Trump caused the recession” was laughable, especially when the punchline is his willingness to “shut down the economy“! He insists “I would listen to the scientists”, presumably the same knuckleheads who don’t understand the public health tradeoffs between the pandemic itself and lockdown risks (and who don’t understand the Constitution). Biden might not understand that the President lacks constitutional powers to demand a nationwide shutdown. Trump was quite sensibly persuaded to leave non-pharmaceutical interventions in the hands of the private sector as well as state and local governments, with guidance from federal health authorities. That some state and local leaders instituted draconian policies, which were largely ineffective and often damaging. was and is a terrible misfortune. The more sensible approach is to  protect the most vulnerable and allow others to gauge their own risks, as we always have in earlier pandemics.

You think he was pissed off?

01 Thursday Oct 2020

Posted by pnoetx in Politics

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Antifa, Black Lives Matter, Burisma, Chris Christie, Chris Wallace, Court Packing, Donald Trump, Hillary Clinton, Hunter Biden, Impeachment, Joe Biden, Lincoln-Douglas Debates, Michael Flynn, Proud Boys, Sean Trende

Many were put-off and even offended by President Trump’s aggressive approach to the first debate with Joe Biden on Tuesday. I’m not bothered except that he didn’t give Biden enough time to lose his way. This debate was tame compared to the standards set at the Lincoln-Douglas debates, which were full of insults, crude language, and racial epithets.

It was Joe Biden who began the unending series of interruptions on Tuesday. Biden interrupted Trump three times at that point, after which the moderator, Chris Wallace, declared “open discussion”. Go back and watch! So if you care, Biden started it. And Biden became rather abusive in his language as the debate wore on.

As to Trump’s pugilistic style, here is Sean Trende:

“… debates are usually staid affairs, pitched to politically knowledgeable elites who like to evaluate things on the merits. Trump’s debates are pitched to someone completely different. His behavior toward Clinton seemed bizarre and juvenile, and made for classic “SNL” fodder. It also apparently worked reasonably well; the townhall-style debate was one of his best received performances. So the interrupting and refusal to answer questions was off-putting for me, but I recognize that I’m not the target audience.”

Okay, fair enough, but Trump’s debate performance was more visceral than calculated. In fact, even members of his debate team were surprised: Chris Christie said it was “too hot”. Trump’s guns blaze because he’s pissed off, and he should be! Just to regard the countenance of the man across the stage was probably enough to infuriate Trump: Biden helped instigate the fraudulent investigation of General Michael Flynn (James Comey’s denial notwithstanding), Trump’s first national security advisor. Biden has repeatedly stooped to the same unfounded accusations of racism against the President that have been made by Democrats since Trump announced his first candidacy in 2015. This despite Biden’s own racial gaffes and affiliations with racists over the years. Biden was involved in a Ukrainian shakedown, admitting that he threatened the country’s President to have U.S. aid withheld if a Ukrainian prosecutor was not fired. That prosecutor was investigating the energy company Burisma, which just so happened to be paying a handsome retainer to Biden’s son, Hunter. Yet Trump was falsely accused of a similar transgression! Talk about the self-projections of Democrats! Trump has every reason to be pissed off, and to let it flow.

Biden represents the same Democrat party that has conspired to have Trump thrown out of office since before he was inaugurated. The same party has spread disinformation about collusion with Russians since before the 2016 election. The same party voted to impeach Trump in the House of Representatives on that fallacious basis. The same party promotes the idiotic suggestion that Trump “killed 200,000 people” with coronavirus; blames Trump for the economic malaise due to coronavirus lockdowns, then insists the economy must be shut down to end the pandemic; refuses to cooperate in passing a targeted coronavirus aid package; supports the violence perpetrated by Antifa and Black Lives Matter (“mostly peaceful protests”), with prominent democrats contributing to the payment of bail for arrested rioters; calls Trump a dictator for offering to help state and local leaders end the violent civil disorder; refuses to call-out the racism promoted by Antifa and BLM; promotes the Marxism and racism of critical race theory; and attacks his latest Supreme Court nominee on religious grounds. The Democrats also threaten to instigate one-party rule by packing the Supreme Court, ending the legislative filibuster, and admitting new states to the union and dividing old ones in order to create a permanent Democrat majority in Congress (but the Constitution prohibits DC from statehood). A one-party nation! And, of course, Democrats have pushed for universal mail-in ballots, with all the bedlam and challenges that is likely to bring to the electoral process.

Then we have the debate moderator, Chris Wallace. There was little doubt about Wallace’s sympathies. He interrupted Trump much more frequently than he interrupted Biden. He asked Trump whether he denounces white supremacist organizations, and Trump immediately said, “Of course.” Trump has denounced them, but Wallace thought it necessary to relitigate the matter. Wallace’s follow-up regarding the “Proud Boys” was misplaced, as the group might be nationalist, but it is not a white supremacist organization (their president is Afro-Cuban). Meanwhile, Wallace failed to ask Biden to denounce Antifa and BLM. Wallace failed to ask Biden about his son’s dealings with the mayor of Moscow and his Chinese clients. He also let Biden off the hook quite readily when he refused to give his opinion on court packing and eliminating the filibuster. Biden refused to answer… Wallace was like, “okay”!

If anything, my biggest frustration with Trump on Tuesday was his typical sloppy articulation of his policies and views. He seldom makes his best and most obvious supporting arguments. Whiff! Instead, what I hear often seems off-point and semi-coherent. Of course, I understand most of what he’s trying to get across, and so do many others when they’re not too busy self-projecting. So maybe Trump is a great communicator after all, despite his seeming lack of clarity.

Biden says he “is” the Democrat Party. Then he has a lot to answer for. I’m glad Trump lit into him. No reasonable person can blame Trump for being pissed off. Hey, I’m pissed off, and you should be pissed off too, because Joe Biden and the Democrat Party is ready to subjugate you!

Nominate and Confirm

23 Wednesday Sep 2020

Posted by pnoetx in Supreme Court

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Tags

Absentee Ballots, Amy Coney Barrett, Antonin Scalia, Barack Obama, Bush vs. Gore, Check Schumer, Contested Election, Court Packing, Donald Trump, Hillary Clinton, Joe Biden, Judicial Activism, Lindsey Graham, Living Constitution, Merrick Garland, Mitch McConnell, Originalism, Phil Murphy, Ruth Bader Ginsburg, Supreme Court, Ted Cruz, Tom Wolf, Voter Fraud

Many on the left practically cheered the passing of Antonin Scalia in 2016, a reaction I witnessed with disgust on my own social media feeds. Now, we should all mourn the death of Ruth Bader Ginsburg, but some of the same people seem almost comically furious with her for “choosing such a bad time to die”, just 46 days before the presidential election! Or, for refusing to step down during the Obama administration, when she could have been replaced with a much more youthful lefty jurist.

Of course, the Left is also furious that President Trump plans to nominate a candidate for Ginsburg’s vacancy on the Court, and that Republican leadership in the Senate plans to bring the nomination to a vote, perhaps before November 3rd.

Trump and the GOP majority are entitled to do that under the Constitution, and they should. Senator Ted Cruz explained the primary reason:

“Democrats and Joe Biden have made clear they intend to challenge this election. They intend to fight the legitimacy of the election. As you you know Hillary Clinton has told Joe Biden ‘under no circumstances should you concede, you should challenge this election.’ and we cannot have election day come and go with a 4-4 court. A 4-4 court that is equally divided cannot decide anything. And I think we risk a constitutional crisis if we do not have a nine-justice Supreme Court, particularly when there is such a risk of … a contested election.” 

This presidential election might be fraught with more procedural controversy than any before. The coronavirus, or its promoters in the media and the Democrat party, has spooked many voters into the belief that going to a polling place in-person on Election Day is too dangerous. This despite the fact that distancing and masks will be required, and the time it takes to complete a ballot does not require “prolonged exposure” to anyone. So now we face the prospect of mail-in balloting on an unprecedented scale, which is an invitation to manipulation and fraud. A couple of examples:

“… consider some of the suspect decisions already being made in various states that deliberately weaken ballot security. The Pennsylvania Supreme Court, for example, voted last week along party lines (the judges are elected) that county drop boxes, including unattended ones, could be used to collect votes. Gov. Tom Wolf, a Democrat, and his party supported the measure, which reached the court by lawsuits, thus avoiding GOP control of both legislative chambers. The decision obviously opens the door to potential fraud because ballots in unsecured drop boxes could be tampered with or stolen. 

New Jersey’s Democratic Gov. Phil Murphy also made some curious decisions. A Jersey friend sent me a mailer he received that was addressed only to ‘Residential Customer.’ Inside, a pamphlet from the county clerk in Bergen County said that a Murphy order ‘requires’ every county to mail a ballot to ‘every active registered voter.’ That raises the chances of thousands of unmarked ballots being stolen from the post office or front porches, practices not exactly unheard of in New Jersey.”

Already a number of lawsuits have been filed in various states over absentee ballots. There have been missed deadlines, disputes over whether certain candidates should appear on those ballots, invalidated pre-filled applications for ballots, and an incorrect mailer sent by the U.S. Postal Service to voters nationwide regarding absentee ballots. Let’s face it: for all the earlier denials by Democrats that the mail-in ballot process was not subject to gaming or fraud, neither side trusts the other. There will be many more disputes as ballots are counted before and after Election Day.

It’s reasonable to expect that a few cases might rise to the level of the U.S. Supreme Count before election tallies are final in some states, as in the Florida recount in the Bush vs. Gore election of 2000. A 4 – 4 tie on the Court would leave lower, state-court rulings in place that could decide the outcome of a federal election. That’s not how the process is intended to work. Needless to say, that’s another reason why Democrats oppose a Trump nominee prior to the election. There’s no doubt they’d push forward with their own nominee were the shoe on the other foot, however, just as Republicans opposed the confirmation of Merrick Garland in 2016.

So who’s a hypocrite? Republicans who said that they wouldn’t confirm or even conduct a confirmation process in an election year, as in 2016, certainly qualify (Lindsey Graham, among others). It must have seemed expedient to stay so at the time, but it was foolish. And Democrats who now protest after insisting in 2016 (and before) that a Supreme Court vacancy should be filled by the sitting president, even in an election year, also qualify (Chuck Schumer, Barack Obama, Hillary Clinton, and Joe Biden, among others). Here’s what some top progressive legal minds were saying in 2016: It’s a duty and obligation for the president to nominate and for the Senate to undertake a confirmation process!!

Here’s the key issue: The president has the authority to nominate Supreme Court justices any time during his term. If the Senate confirms, then a new justice is seated. If the Senate chooses not to confirm, the vacancy remains. That’s how it works. There have been 29 vacancies on the Court in election years, and in 22 of those cases the sitting president sent a nomination to the Senate. As Justice Ginsburg said in 2016:

“There’s nothing in the Constitution that says the president stops being the president in his last year.”

Her purported wish on her death bed, that her replacement would be chosen by a new president, was not hypocritical. It was a wish, not a legal opinion. It was just as “political” as the contradictory statements made by the politicians, however.

Ginsburg also said it’s the Senate’s job to take up a vote, which the Republicans refused to do in 2016. That was their prerogative, however, and the decision does not bind anyone in the current circumstance.

Mitch McConnell is right:

“In the last midterm election before Justice Scalia’s death in 2016, Americans elected a Republican Senate majority because we pledged to check and balance the last days of a lame-duck president’s second term. We kept our promise. Since the 1880s, no Senate has confirmed an opposite-party president’s Supreme Court nominee in a presidential election year. By contrast, Americans reelected our majority in 2016 and expanded it in 2018 because we pledged to work with President Trump and support his agenda, particularly his outstanding appointments to the federal judiciary. Once again, we will keep our promise. President Trump’s nominee will receive a vote on the floor of the United States Senate.”  

Democrats have promised to “pack the Court” by adding seats to the bench for new, ideologically-preferred justices if a Trump nominee is confirmed, among other threats. They should heed the caution of moderates who know how dangerous that may be. The mere threat gives Republicans reason to pack the Court themselves, when they can, which might be as soon as January. Moreover, nothing could do more to undermine confidence in the Court. RBG herself had the following to say about Court packing:

“Well, if anything, it would make the court appear partisan. It would be that one side saying, ‘when we’re in power, it was only to enlarge the number of judges so we will have more people who will vote the way we want them to…’ So I am not at all in favor of that solution to what I see as a temporary situation.”

Well, of course the Court is divided along certain ideological lines, and to some extent those differences break along dimensions of legal philosophy, such as originalism vs. a “living Constitution”, or judicial activism. That’s not to say that the Court is always partisan, however. The process of nominating and confirming justices should not be as partisan as it has become in the last 25 years (see the last link). Let’s not make it worse.

Trump will nominate an able jurist. Senators should meet and independently assess that individual’s legal qualifications and temperament. My expectation is they will vote to confirm, and I hope that vote takes place without rancor.

Note: Thanks to the Washington Free Beacon for the wonderful meme at the top of this post.

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