The Daily Parker

I did a lot today, so I've just gotten around to these stories:

• The Commission on Presidential Debates announced a rule change (that, of course, the president hated) for Thursday's debate: only the person who should be speaking will have a hot mic.
• Franklin Foer believes Biden "is preparing for a transformative presidency."
• Rachel Monroe explains how to spot a military impostor.
• The Economist points out that peaceful transfers of power happen less often than the not-so-peaceful.
• Meredith Shiner blames US Senator Susan Colins (R-ME) for some of the problems the Senate faces today.
• The BBC Reality Check takes on the bullshit claims about voter fraud coming from the Republican Party.
• Aaron Blake shows how dumb was the president's recent attack on Anthony Fauci.
• John Scalzi has some thoughts about the upcoming election.
• Chicago Mayor Lori Lightfoot warns that we're now in a second Covid-19 surge.

Finally, I may be published in a national magazine next month. Details as I learn them.

Science-fiction author John Scalzi (Red Shirts, Old Man's War) lives in Darke County, Ohio, population 52,000, 97% of them white. He does not exactly fit in with his neighbors politically, as he describes:

Four years ago in Bradford, the town where I live, there were Trump street signs, like the one in the picture above. Here in 2020, there are multiple signs per yard, and banners, and flags, not just with Trump’s name on them, but of him standing on a moving tank whilst screaming eagles fly alongside him, and no, those flags are not being flown ironically, they really mean it. There are occasional Biden signs, mostly of modest size, but anecdotally they are outnumbered by Trump signs by at least twenty to one. The 2020 Darke County Trump tank is deep and perhaps a bit frantic. If Trump is hoping for “shy voters” to suddenly spring up to take him to victory, he’s not going to get them here. Darke County Trump supporters may be many things, but shy does not appear one of them.

A whole bunch of the voters are being fed shit from social media and questionable news sources and either they don’t know it or they don’t care. It’s not an exaggeration to say that the epistemic capture in the US of (not only, but in particular) poor and working class whites by conservatives, billionaires and propagandists is one of the great social engineering success stories of the last half century. This includes an informational ecosystem that’s easy to get into and hard to get out of because it simultaneously stimulates fear and anger responses, degrades one’s own ability to reason, and breeds mistrust in outside sources and political points of view. In other words: cult conditioning.

Now, it would unfair nonsense to suggest the people of a county that hasn’t gone for a Democrat since LBJ would not be reliably voting for whomever the GOP candidate was every four years. But it’s not unfair nonsense to say that convincing a historically large percentage of these folks to vote for someone who four years ago was clearly not competent to be president, and in 2020 has a nearly four-year record of venal graft and malice, is the fruit of a decades-long effort to get into their heads and make them resistant to actual facts that are right in front of them. It’s not coincidence that QAnon is metastasizing through conservative and GOP circles at breathtaking speed; having a millions-strong corps of voters willing to lap up even that level of rank bullshit is in fact the goal.

Meanwhile, Jamelle Bouie picks apart the nonsense of "constitutional originalism," which to me seems no better than any other fundamentalist religion.

The Senate Republicans will force through Amy Coney Barrett's confirmation to the Supreme Court before the end of December, and there's nothing the Democratic Party can do to stop it.

OK. They win this round. But by the end of the next Congress, we can win the war.

Forget about Roe v Wade; if the Supreme Court overturns it, we can fix abortion rights with legislation. And forget about gay marriage; same deal. In fact, after the Democratic Party takes control of the legislature and executive in January, nothing should prevent us from passing a civil-rights bill to ensure all Americans continue to have access to those rights. The Republicans in the Senate know that, but they're hoping to distract you from their real agenda in stacking the Federal court system and preventing people of color from voting.

In a New York Times op-ed yesterday, author Christopher Leonard explains why Mitch McConnell wants Barrett on the court before the American people drive his caucus from power in three weeks:

Since the early 1970s, [Charles] Koch has sought to dismantle most federal regulatory institutions, and the federal courts have been central to that battle. In 1974, Mr. Koch gave a blistering speech to a libertarian think tank, called the Institute for Humane Studies, in which he outlined his vision of the American regulatory state, and the strategy he would employ over the ensuing decades to realize that vision. In short, Charles Koch believes that an unregulated free market is the only sustainable structure for human society.

To achieve his goal, Mr. Koch has built an influence network with three arms: a phalanx of lobbyists; a constellation of think tanks and university programs; and Americans For Prosperity, a grass-roots army of political activists. And shaping the U.S. judiciary has been part of Mr. Koch’s strategy from the beginning. In that 1974 speech, he recommended strategy of “strategically planned litigation” to test the regulatory authority of government agencies. Such lawsuits could make their way to the Supreme Court, where justices could set precedent. In the 1990s, he focused on lower-level judges, funding a legal institute that paid for judges to attend junkets at a Utah ski resort and Florida beachfront properties; the judges attended seminars on the importance of market forces in society and were warned against consideration of “junk science” — like specific methods to measure the effects of pollution — that plaintiffs used to prove corporate malfeasance.

As Charles Koch has written and stated so often in the past five decades, there are many, many laws and programs that he would like to negate. With the nomination of Judge Barrett to the court, he appears to be closer than ever to achieving this goal.

In other words, Senate Majority Leader Mitch McConnell's refusal to give hearings not just to Merrick Garland, but also close to 200 of President Obama's lower-court nominees, is about making rich people richer. Economist Paul Krugman explains further:

We should have had a deal in the summer, when it was already obvious that the rescue package approved in March was going to expire much too soon. But Senate Republicans were adamantly opposed to providing the necessary aid. Lindsey Graham declared that emergency unemployment benefits would be extended “over our dead bodies” (actually 215,000 other people’s dead bodies, but who’s counting?).

And McConnell — whose state benefits from far more federal spending than it pays in taxes — derided proposed aid to states as a “blue state bailout.”

Republicans didn’t worry about budget deficits when they rammed through a $2 trillion tax cut for corporations and the wealthy. They only pose as deficit hawks when trying to block spending that might help ordinary Americans.

No, what this is really about is the modern G.O.P.’s plutocratic agenda. McConnell and, as far as I can tell, every member of his caucus are completely committed to cutting taxes on the rich and aid to the poor and middle class. Other than March’s CARES Act, which Republicans passed only because they were panicking over a plunging stock market, it’s hard to think of any major G.O.P.-approved fiscal legislation in the past two decades that didn’t redistribute income upward.

You might think that Republicans would set the plutocratic imperative aside when the case for more government spending is compelling, whether it’s to repair our crumbling infrastructure or to provide relief during a pandemic. But all indications are that they believe — probably rightly — that successful government programs make the public more receptive to proposals for additional programs.

That’s why the G.O.P. has tried so frantically to overturn the Affordable Care Act; at this point it’s clear that Obamacare’s success in cutting the number of uninsured Americans has created an appetite for further health care reform.

So what can we do?

Well, first, we can win the damn election next month. The Economist has us at a 91% chance of winning the White House and a 71% chance of winning control of the Senate, but that depends on us voting and not letting Republicans steal votes. Then we have to actually govern using all the tools available to us in the Constitution, just as the Republicans have done.

Let's admit DC as a state and allow Puerto Rico to join as well if they want to. Meanwhile, we need to pass civil-rights and effective regulatory legislation, expand the Federal courts to balance ideologies on the bench, and put real safeguards in place to prevent the next Republican Senate or president from moving us closer to plutocracy through their demonstrated habit of counter-majoritarian rule.

The Republican Party blew up all the norms they expect us to follow when we regain power in January. You know what? They can gey kaker im meer, as my great-grandfather might say. They will howl and whine and cry and sue, like they always do, because no one likes not getting his way.

But we need to make it clear that we will not let their malfeasance go unpunished. Only when the Republican Party gives up its Koch-fueled, illiberal, anti-democratic policies should we attempt bipartisanship again. Let's be lawful good, not lawful stupid, and force them to act like a serious opposition party.

While I'm waiting for Vice President Mike Pence and Senator Kamala Harris to face off at 8pm Central, I have other things to occupy my thoughts:

• The First Lady has had a remarkably charmed pandemic life.
• Jeff Sessions and Rod Rosenstein were "a driving force" in the program of separating children from their parents at the border in 2018.
• Today is the 65th anniversary of Allen Ginsberg's first public recitation of "Howl."
• Apple's iOS v14 will finally have some of the security and privacy features Android has had for years.

Also, it's sunny and 20°C this morning, going up to 23°C this afternoon, so I'm taking half a day off work. We have perhaps 3 more days of nice weather this year, and it's the first day of a sprint (so no deadlines quite yet).

The New York Times dropped a bomb over the weekend with its revelation that it obtained 20 years of the president's tax returns. The documents show that either the president is one of the worst businessmen in American history, or he has committed (and indeed may still be committing) one of the largest tax frauds in American history. Actually, it looks like both:

The tax returns that Mr. Trump has long fought to keep private tell a story fundamentally different from the one he has sold to the American public. His reports to the I.R.S. portray a businessman who takes in hundreds of millions of dollars a year yet racks up chronic losses that he aggressively employs to avoid paying taxes. Now, with his financial challenges mounting, the records show that he depends more and more on making money from businesses that put him in potential and often direct conflict of interest with his job as president.

The picture that perhaps emerges most starkly from the mountain of figures and tax schedules prepared by Mr. Trump’s accountants is of a businessman-president in a tightening financial vise.

Most of Mr. Trump’s core enterprises — from his constellation of golf courses to his conservative-magnet hotel in Washington — report losing millions, if not tens of millions, of dollars year after year.

His revenue from “The Apprentice” and from licensing deals is drying up, and several years ago he sold nearly all the stocks that now might have helped him plug holes in his struggling properties.

The tax audit looms.

And within the next four years, more than $300 million in loans — obligations for which he is personally responsible — will come due.

I've had a security clearance, and let me just say that debt will keep you from getting one. You can be a paid-up member of the Communist Party and have a secret drug stash in your basement and still get a top secret clearance—as long as you have no significant debts and you admit the drug stash in your SF-86. But that's just one of the president's problems, according to the documents:

He appears to have paid off none of the principal of the Trump Tower mortgage, and the full $100 million comes due in 2022. And if he loses his dispute with the I.R.S. over the 2010 refund, he could owe the government more than $100 million (including interest on the original amount).

In the 1990s, Mr. Trump nearly ruined himself by personally guaranteeing hundreds of millions of dollars in loans, and he has since said that he regretted doing so. But he has taken the same step again, his tax records show. He appears to be responsible for loans totaling $421 million, most of which is coming due within four years.

Should he win re-election, his lenders could be placed in the unprecedented position of weighing whether to foreclose on a sitting president. Whether he wins or loses, he will probably need to find new ways to use his brand — and his popularity among tens of millions of Americans — to make money.

You can predict the reactions. The president called it "fake news," which means it's true. The Wall Street Journal appears to have ignored it—there's not a single story on their main or opinion pages about it at this writing. Fox News highlighted the president's and his press secretary's responses, but below the fold, in small headlines.

On our side, NBC's Jonathan Allen believes this is "devastating for his campaign:"

The vast majority of his base voters won't care whether he paid taxes or lied about being a successful businessman. His ability to pull one over on the public or the government — perhaps both — will be accepted by most of his supporters as evidence of his cunning, his acumen and his strategic brilliance.

But that base is simultaneously Trump's greatest strength and weakness on the electoral battlefield.

His inability to expand beyond his base and court the less strident is the main challengeto his re-election hopes. And the tax records make things worse. The documents reinforce narratives about Trump that fire up Democrats and give pause to Republican-leaning voters who might be persuaded either to cast ballots for Democratic nominee Joe Biden or simply stay home.

So while the tax records don't contain many surprises for those who have paid close attention to Trump's business dealings — and the distance between his boasts and the reality of his record as the head of the firms that make up "Trump Inc." — they do put Trump in a position he would like to have avoided.

Catherine Rampell of the Washington Post agrees with me:

For his part, Trump has previously argued that shirking his tax obligations made him “smart.” He suggested that he merely took advantage of legal loopholes, the kind available to deep-pocketed Americans who can afford top-notch tax preparation advice. And as I’ve written before, the real estate industry enjoys tons of loopholes and other opportunities for legally minimizing tax obligations, most notably through depreciation deductions. But per the Times, Trump’s “three European golf courses, the Washington hotel, Doral and Trump Corporation reported losing a total of $150.3 million from 2010 through 2018, without including depreciation as an expense.”

That is: They were money pits.

Additionally, Times reporters Russ Buettner, Susanne Craig and Mike McIntire include details of tax practices that were, at best, extraordinarily aggressive and, at worst, suggest possible fraud on a massive scale.

These include deducting lifestyle expenses, such as the cost of haircuts, as if they were business expenses. Or appearing to pay Ivanka Trump consulting fees on the same hotel deals that she helped manage as part of her job at her father’s business, an arrangement that may have been a way to transfer assets without paying gift taxes.

One might reasonably wonder why Trump, who appears to tweet, watch TV and golf more than he exercises his duties as president, has ever wanted a second term. Well, in addition to his desire to finally build his border wall or continue dodging potential indictments, we now know that Trump has about a half-billion dollars’ worth of motivation to stay in office four more years.

These documents show what we've really known all along: the president has perpetrated the biggest con on the American people in the country's history. But you can't fool all of the people all of the time.

Will this really change the election? Well, a 1% swing in any of the battleground states would have done it four years ago.

In related news, Showtime's The Comey Rule will frustrate the hell out of you. I strongly recommend it.

Radley Balko has reported on criminal justice for over a decade, and I would argue he's the most-informed journalist on the subject in the United States. I therefore trust his analysis of Breanna Taylor's death more than most. In today's Washington Post, he lays out the facts about Kentucky law and about the case as far as he knows, and corrects some misinformation currently swirling around social media:

Wednesday’s announcement from Kentucky Attorney General Daniel Cameron about criminal charges in the Breonna Taylor case set off a frenzy of misinformation on social media. Based on what we do know — which I’ve culled from my own reporting, reporting from the New York Times and the Louisville Courier-Journal, as well as from conversations with the lawyers for Taylor’s family — the decision to charge Detective Brett Hankison with wanton endangerment was probably correct, as was the decision not to charge the other officers involved in the shooting. If ballistics had conclusively shown that one of the bullets from Hankison’s gun killed Taylor, he could be charged with reckless homicide, but according to Cameron, the bullets that struck Taylor could not be matched to Hankison’s gun. There’s the problem that the police who conducted the raid were relying on a warrant procured by another officer, which was then signed by a judge. There were many flaws and abrogations in that process, but it would be unfair and not legal to hold them accountable for any of that.

But “not illegal” should not mean “immune from criticism.” Part of the problem was Cameron himself, who was selective in what information he released to the point of misleading the public about key facts in the case. (This raises real questions about whether the grand jury was also misled. That’s why an attorney for Taylor’s boyfriend Kenneth Walker, who fired at the police during the raid, is demanding that Cameron release the evidence that was presented to the grand jury.)

Furthermore, Taylor’s death was not, as Cameron suggested, simply a tragedy for which no one is to blame. The police work in this case was sloppy, and the warrant service was reckless. Taylor is dead because of a cascade of errors, bad judgment and dereliction of duty.

To simply blow this off as a tragedy for which no one is to blame is an insult to the life and legacy of Taylor, but also to the dozens of innocent people who have been gunned down in their own homes before her. And the effort by Cameron and others to make all of this go away by feeding the public half-truths that blame the victims in this story — Taylor and Walker — for Taylor’s death is inexcusable.

We could prevent the next Breonna Taylor. We could ban forced entry raids to serve drug warrants. We could hold judges accountable for signing warrants that don’t pass constitutional muster. We could demand that police officers wear body cameras during these raids to hold them accountable, and that they be adequately punished when they fail to activate them. We could do a lot to make sure there are no more Breonna Taylors. The question is whether we want to.

Balko's Rise of the Warrior Cop is on my to-be-read shelf.

Talk-show host Stephen Colbert has set up a website called Better Know a Ballot where you can check on the voting requirements for your state. He's producing videos for each state (starting with North Carolina) to explain the rules.

That's the bright spot of joy for you today. Here are other...spots...of something:

• The president answered questions from "undecided" voters at a town hall on Tuesday, and naturally lied almost every time he spoke. The Washington Post lists his most egregious falsehoods.
• Charlie Pierce believes the administration "couldn't have screwed up the response to the pandemic worse if it sent out battalions of the infected to sneeze on people."
• Attorney General William Barr attacked his own federal prosecutors in a speech yesterday, saying career attorneys have too much power that should go to the political appointees.
• Greg Sargent lists 7 ways the administration is "using government to corrupt the election."
• Megan McArdle explains how the language of Fox differs from English.
• The BBC's Reality Check takes on the president's unique understanding of forestry.
• Here in Chicago, the 98-year-old bar Southport Lanes will close for good on September 27th.
• I hope they didn't use Fortune Food Product's ingredients in their food, because the FDA has ordered them to stop production "after federal inspectors allegedly witnessed live rodents and other food safety violations at the East Pilsen facility."
• On this day in 1934, Lane Tech High School opened at its current location in North Center. At the time, it was the largest high school in the world, with 7,000 (all male) students.

OK, one more bit of good news: The Economist reported this week that the southern hemisphere had almost no flu cases this winter, because pandemic response measures work on influenza just as they work on Covid-19.

Today is the last day of meteorological summer, and by my math we really have had the warmest summer ever in Chicago. (More on that tomorrow, when it's official.) So I, for one, am happy to see it go.

And yet, so many things of note happened just in the last 24 hours:

• Greg Sargent says the president's "vile tweetstorm" yesterday "reveals the ugly core of his 'law and order' campaign."
• On that point, lawyer Nick Carmody suggests that the civil unrest the president has fomented "is one of the greatest sources of narcissistic supply."
• Pediatrician Rhea Boyd warns that when police commit violence, children are watching.
• United Airlines has ditched its change fees for domestic tickets, but as Cranky Flier explains, another policy change may actually hurt customers who change flights.
• Hurricane Laura destroyed the Lake Charles, La., NWS doppler radar, around the time the weather station there recorded a 221 km/h gust.
• Wells Fargo has filed one of the largest foreclosure suits in Chicago history, to try recovering a $338 million debt that the owner of the Palmer House Hilton has not serviced since April.

Finally, Josh Marshall reminds everyone that Democrats are nervous about the upcoming election because we're Democrats. It's kind of in our blood.

The US Constitution has guaranteed the right of women to vote since 18 August 1920:

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.

Congress shall have power to enforce this article by appropriate legislation.

Or, if you'd prefer:

Yesterday, a scheduled "Boat Parade" on Portland, Oregon's Willamette River supporting the president's re-election campaign caused a bystander's boat to sink:

Video posted to Twitter showed the boat taking on water as its occupants called for help while more than 20 boats and personal watercraft flying President Donald Trump flags headed south on the Willamette River near downtown Portland.

Sgt. Bryan White, a spokesman for the Multnomah County Sheriff’s Office, said river patrol deputies responded to the incident but that the people on the boat had already been picked up by other boaters in the area by the time the deputies arrived. Video appeared to show at least one of the boats that stopped to help was a parade participant.

Here's the video:

Trump boat parade overtakes the Willamette River in Portland, OR and sinks nearby families boat 🤬 pic.twitter.com/RMZbHHFuFW

— Jimi R🖖🏻 (@jimirosenk) August 16, 2020

I expect none of the Trumpers were wearing masks, either.

As for liability, people I spoke with who have knowledge of maritime law said this would most likely lead to a tort case in an Oregon state court.