What’s Really Going On With the Phony Trump/Biden Document Scandal

Even by Washington standards, all the fake posturing and hypocrisy over the Trump/Biden classified documents scandals is reaching new heights. The Donald Trump era, which we are still in by many measures, has shattered many norms. Some of it has been healthy. A lot has not. The vigor by which the Left and some of the establishment Right has gone after Trump has certainly shattered many norms that the country will regret.

The presidency is important. The system is based on respecting that office even when you don’t like the occupant. From the phony Russia collusion story all the way through the overhyped classified document scandal, many of Trump’s opponents unfairly attacked not only Trump but the office of the presidency itself. That’s playing out today with the classified documents scandals.

Trump certainly should not have had classified documents in his Florida compound, but the FBI mob-style raid and the overwrought reaction by many commentators, including President Joe Biden, was truly unhinged. Now, facing a similar circumstance, the whole thing is coming back to bite Biden. Norms were shattered, and now the country, including the current president, will live with the consequences.

The first thing to understand about classified documents is there are just way too many of them. Former Pentagon special counsel and Yale law professor Oona Hathaway told NPR: “There’s somewhere in the order of over 50 million documents classified every year. We don’t know the exact number because even the government can’t keep track of it all.” The government office in charge of protecting national security information confirmed in a 2021 report that it cannot keep up with the numbers and count how many documents are now classified.

It’s of course important to protect certain national security information from America’s enemies. Obvious examples like the technical details of high-tech weapons systems or the identities of American spies must be protected to the maximum extent possible. Anyone remotely familiar with the current system knows it has grown from this important national interest into something wholly different.

Way too much information is classified. This is important because classification runs directly contrary to another important government priority: transparency. The American people have a right to know how their government operates. Classification can be used to hide all sorts of information. At a time when the decline of trust in national institutions has plummeted to record lows, this is not a trivial matter. Transparency builds trust.

The second important point missing from the overhyped classified documents scandal is the unique role of the president and the vice president in our system of government.

The president is not a king. He’s not above the law. But the president and the vice president are the only two elected officials in the executive branch of government. They have extraordinary power in the American system. The entire classified document regime flows from that power. They can classify and declassify information on their own with no review or interference from any bureaucrat. They should be able to do that. Nobody else in the executive branch of government is directly accountable to the American people.

Given the endemic overclassification of documents, the president and vice president are drowning in classified materials. As the person in charge of papers for the vice president for four years, I have seen firsthand the sheer overwhelming volume at issue.

Everything these days is classified. Most of it is boring and its release would not endanger anything. This does not relieve a president from protecting the materials, but any honest or fair review of what’s really going on has to take into account the broader context of the office.

Trump should not have had boxes of classified materials in his office, but any remotely fair observer knows that the overdone reaction was political. Trump is a danger to the country who must be destroyed; that’s the mindset of many of his biggest detractors. Once you have this mindset, the methods become less important.

We still don’t know the official details of exactly what Trump had, including whether they were declassified in any way under the president’s authority to do that. Damning information has flowed to the public from unauthorized leaks by government investigators, but if the past is any guide, those can’t be relied on as hard facts.

Given this, it’s fair to say the FBI raid was overdone. The precedent of that sort of action against a former president of the United States is flat-out dangerous to the office itself. Biden, the current holder of that office, knows this, but he went along anyway.

By going along with the overheated Trump document scandal, Biden got himself a political issue that no doubt helped in the midterm elections. He’s now paying the price.

Biden should certainly not have had classified materials in his garage or at his think tank. Waiting to disclose that fact until after the midterm elections and even after the important follow-on Georgia Senate election was possibly the biggest abuse of all.

Like Trump, though, Biden’s actual possession of the documents is more of an administrative slap on the wrist violation and less of a national scandal. Hillary Clinton’s violation, involving classified materials placed on unclassified computers tied to the public internet, was much more egregious than anything Trump or Biden have been accused of, and even then, there was no criminal sanction.

Yet Biden played along with the unfair treatment of Trump. After pretending the Trump scandal was more than it was, Biden and his allies are now hamstrung coming out and explaining this reality. “What goes around comes around” will be fun for Biden’s opponents, but none of this is good for America, and it’s certainly not good for the office of the president.

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Week-in-Review: Sunak’s levelling up own goal – Politics.co.uk

This had the potential to be a good week for the prime minister. While Labour leader Sir Keir Starmer was off wooing the global financial elite at the World Economic Forum in Switzerland, promising closer ties to the EU and playing pretend as prime minister, Sunak would be touring Britain, trumpeting a £2.1bn “levelling up” investment and focusing on his favourite new buzzword: “delivery”.

But as with so much else with the prime minister at the moment, things just did not go to plan. 

Fiasco followed fiasco, with news breaking that Britain’s lead lawmaker is set to face another police fine after filming a video in a moving car without a seatbelt. Seatbeltgate stole much of the media attention, but there was time too for intricate breakdowns of Sunak’s new funding announcements on levelling up. After all was said and done, it was the details of the latest tranche of levelling up funding that sparked the most significant furore.

Analysis found that large sums of the headline £2.1bn funding package is going to areas with relatively low levels of deprivation. In total, £151m is going to London, while the North East gets £108m and the Humber is getting £120m. It was also highlighted that, of the £1.9bn of spending that could be linked to individual constituencies, £1.2bn — around 63 per cent — had gone to seats held by Conservative MPs.

Then there was the matter of Richmond, the prime minister’s own constituency, which received another heap of cash (as it did in the fund’s first round). The news that the PM’s own constituency was receiving £19m in funding, while the cities of Birmingham, Nottingham and Stoke missed out, raised eyebrows significantly.

MPs and local leaders alike criticised the government’s preferred method of allocating funding to local authorities via bidding competitions judged by ministers. Shadow levelling up secretary Lisa Nandy rubbished a “Hunger Games-style” system, while Conservative mayor of the West Midlands Andy Street blasted “Whitehall’s bidding and begging bowl culture”.

Amid the outrage, many referred to the video which surfaced over the summer which caught Sunak boasting that he had deliberately diverted public money from “deprived urban areas” during his time as chancellor. Given that new levelling up funding seemed to be heading disproportionately Southward, the video underlined anew for many the calculated farce of the “rebalancing” project. 

Sunak tries his best Boris Johnson impression 

The “levelling up” slogan first appeared as a new soundbite in the early stages of the 2019 election. The slogan was deliberately slippery, intended to subvert anti-Westminster feelings for Boris Johnson’s own political purposes. In the end, it encapsulated Johnson’s stated concern with spreading opportunity across the country and was central to his successful pitch at “red wall” constituencies.

Levelling up was Johnsonianism distilled: a catchy slogan, a few billion quid and a monument to point to at the end of it all. It meant high-spending, headline-grabbing infrastructure projects. This side of Johnsonianism was summed up neatly by Dominic Cummings in a recent New York Magazine interview: “The only thing he was really interested in — genuinely excited about — was looking at maps. Where could he order the building of things?”, Johnson’s former top adviser said.

In short: as long as shovels were in the ground, Johnson thought he was winning.

The bidding war incited by the levelling up project would see communities pitted against each other, pining for Johnson’s attention and Whitehall’s cash. The PM would then tour the country, pointing to the physical markers of his success. His legacy would be then writ in stone across Britain’s high streets. “Thank you Boris”, Britain would collectively bay.

But where Johnson was able to make levelling up central to his political brand, for Sunak, it’s fast becoming a vulnerability. This is a serious problem for the Conservative party. Levelling up has never been large enough nor targeted enough to make a dent in regional inequalities — but balanced by Johnson’s boosterism, it could be electorally gripping. And unfortunately for Conservative MPs, Sunak does not possess Johnson’s powers of performance. 

This highlights another important point. For the levelling up debate begs further questions about Rishi Sunak’s political identity. Our prime minister is a treasury technocrat, better suited to fiddling with funding formulas than revelling in levelling up “success”. Whereas Boris Johnson never saw a spending commitment he didn’t like, Sunak is a fiscal Conservative in the truest sense. The very idea of big-spending infrastructure projects seems to jar with his political instincts.

It is telling that in his resignation letter as chancellor last year, Sunak wrote Johnson: “I firmly believe the public are ready to hear that truth. Our people know that if something is too good to be true then it’s not true”. He stated moreover that their approach to economic policy was “fundamentally too different”. It was a clarion call for spending restraint. 

So while Johnson’s boosterism made him the perfect frontman for levelling up, Sunak’s natural fiscal caution means he can never truly own the mission he inherited. It means that even in lieu of a comeback, the spectre of Sunak’s predecessor-once-removed still looms large over his policy platform. 

Far from a moment of triumph, the levelling up announcement this week has underlined anew Sunak’s political vulnerabilities. Johnson promised the world to the red wall post-2019, and Sunak is finding it difficult to deliver. Come an election in 2024, this will leave the prime minister massively exposed in Conservative marginals. 

At best, Sunak can only do a poor imitation of Boris Johnson on levelling up. In the long run, it may just leave Tory MPs hankering for the real deal.  

Sir Keir Starmer, snacking on canapés in Davos, cannot believe his luck.



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Amazon Retires Amazon Smile, Won’t Commit to Dropping the SPLC

Amazon will retire its charity platform, Amazon Smile, and the Big Tech company aims to replace some of that effort with other charitable programs, but it declined to comment on whether it will continue to systematically exclude conservative and Christian groups from its charitable efforts.

The company announced Wednesday that it will “wind down” Amazon Smile by Feb. 20, 2023, after a round of layoffs. The company determined that the platform, launched in 2013, “has not grown to create the impact we had originally hoped. With so many eligible organizations—more than 1 million globally—our ability to have an impact was often spread too thin.”

Amazon had previously faced criticism for relying on the left-wing Southern Poverty Law Center’s discredited “hate group” accusations to exclude certain conservative and Christian nonprofits from receiving funds on Amazon Smile. When Rep. Matt Gaetz, R-Fla., asked then-Amazon CEO Jeff Bezos why Amazon relies on the SPLC, Bezos acknowledged “this is an imperfect system,” but neither Bezos nor current CEO Andy Jassy addressed the issue again.

Amazon PR Manager Patrick Malone told The Daily Signal that this criticism did not impact the decision to terminate Amazon Smile.

“We made this decision based on how we can most impact the communities we serve,” Malone added. “We are shifting our focus to programs that will create a bigger impact in communities across the U.S./U.K./Germany.”

While Amazon Smile allowed Amazon customers to select which charities would receive a cut of the profits of their Amazon purchases, Amazon’s new programs appear to take the decision away from customers.

RELATED: Conservatives, Christians Systematically Excluded From Benefits of Christmas Shopping on Amazon

The press release listed a few charities and communities that Amazon will support, including the company’s “Housing Equity Fund,” its “Amazon Future Engineer” program, food bank and disaster relief programs, and “Community giving.” In that last category, Amazon says it supports “hundreds of local nonprofits doing meaningful work in cities where our employees and their families live,” such as youth sports leagues, community colleges, and homeless shelters.

Malone declined to comment on whether Amazon would continue to use the SPLC’s “hate group” list to exclude certain charities from its programs.

As I explain in my book “Making Hate Pay: The Corruption of the Southern Poverty Law Center,” the SPLC took the program it used to bankrupt organizations associated with the Ku Klux Klan and weaponized it against conservative groups, partially in order to scare donors into ponying up cash and partially to silence its ideological opponents. The SPLC places conservative organizations such as Alliance Defending Freedom, the Family Research Council, and the American Freedom Law Center on a “hate map” along with Ku Klux Klan chapters.

In 2012, a terrorist targeted the Family Research Council’s headquarters in the nation’s capital, entering the lobby with a semiautomatic pistol and then shooting and wounding a guard. The man told the FBI that he found the conservative organization on the SPLC’s “hate map” and intended to kill everyone in the building. The man later pleaded guilty to committing an act of terror and received a 25-year prison sentence. The SPLC condemned the attack, but has kept the Family Research Council on the “hate map” ever since.

After the SPLC fired its co-founder amid a racial discrimination and sexual harassment scandal in 2019, a former staffer claimed that the SPLC’s accusations of “hate” are a “cynical fundraising scam” aimed at “bilking northern liberals.” Critics across the political spectrum have voiced opposition and alarm at the “hate group” smears.

Southern Poverty Law Center 2021 “hate map.”

Many nonpartisan organizations have criticized Amazon for using the SPLC, including the Free Enterprise Project at the National Center for Public Policy Research, the New Tolerance Campaign, and the Coalition for Jewish Values, a coalition of over 2,000 Orthodox Jewish rabbis.

“Amazon, like so many other companies, has rhetorically embraced ‘stakeholder capitalism,’” Scott Shepard, director of the Free Enterprise Project, told The Daily Signal in a Thursday phone interview. While Amazon Smile “allowed all the customers, all the stakeholders, to contribute in the ways they wished, the lefties who run Amazon didn’t like the distribution.”

Citing the “Housing Equity Fund,” as “coded language for distributing to its favored racial and ethnic groups,” Shepard claimed that Amazon “immediately promised to start providing its giving in racially and ethnically discriminatory ways.”

“Unless Amazon has publicly and absolutely promised not to use the ‘hate’ source of the SPLC, they’ll be going back to using them, just as we already know that they’re taking away this program from individual choice, customer choice, so they can return to partisan left-wing goals,” he added. “If Amazon wants to challenge that characterization in any way, it ought to release the distribution of where customers were sending their money.”

“The Amazon Smile program was problematic from the start,” Gregory T. Angelo, president of the New Tolerance Campaign, told The Daily Signal. “It promoted ‘feel-good shopping,’ but generated minimal revenue for nonprofits. And by using the Southern Poverty Law Center’s discredited ‘hate list’ as a gatekeeper for donations, Amazon alienated customers.”

“It will be interesting to see where Amazon pivots as it seeks to modify its charitable initiatives—the New Tolerance Campaign will be watching,” Angelo added.

Rabbi Yaakov Menken, managing director of the Coalition for Jewish Values, told The Daily Signal that Amazon’s shift seems likely to be worse for conservative nonprofits, even though the company may no longer need to rely on the SPLC.

“If they’re going to be doing direct charitable things, they’re not going to be using SPLC because they’re not even going to talk to conservative charities in the first place,” he said in an in-person interview Thursday. “In their search for equity, they’re being inequitable.”

Have an opinion about this article? To sound off, please email [email protected] and we’ll consider publishing your edited remarks in our regular “We Hear You” feature. Remember to include the url or headline of the article plus your name and town and/or state.



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Another French Writer Is Alarmed About the Future of France

Like Eric Zemmour, like Michel Houllebecq, the French writer and essayist Laurent Obertone is alarmed about the future of France. He sees the country as a likely victim of the Great Replacement. By this is meant the replacement of the indigenous Europeans by non-European migrants. More specifically, in France the worry is that the French will be demographically overwhelmed by millions of Muslim migrants and their large families. Laurent Obertone considers the bleak possibility of a civil war in France in an article from November 2022, but of course nothing has changed in the intervening months: “‘The more time passes, the less reversible the situation will be,’ says prominent author Laurent Obertone on risk of civil war in France,” by Olivier Bault, Remix News, November 17, 2022:

Renowned French author Laurent Obertone presents a bleak future of a France in conflict in his books, but he says that such a reality is not far from fiction.

An exclusive interview with French journalist, essayist, and novelist Laurent Obertone, author of the prophetic bestseller novel “Guerilla – The day everything went up in flames” (in French: “Guérilla – Le jour où tout s’embrasa”) and of several essays on the violent and totalitarian drift of French society (“La France Orange Mécanique” – Clockwork Orange France, “La France Big Brother” – Big Brother France, etc.). Following its big success in France, the novel “Guerilla” has also been translated into German, Italian, Hungarian, and Japanese, and will soon be published in Spanish

You are the author of several bestsellers in France, including the famous “La France Orange mécanique,” published in 2013, which documents insecurity in France based on local press publications that are rarely picked up at the national level. You then published, among other titles, the novel “Guerrilla” in 2016. This novel takes place over three days in a France sinking into civil war after yet another violent incident between thugs and police in an “ethnic” suburb. These are undoubtedly your two most often quoted works and the most vilified by the French political and media mainstream, but many see the first one as a realistic assessment of the current situation and the second one as a plausible prognosis for the future. Very recently, while reacting to Interior Minister Gérald Darmanin’s comments on the share of foreigners in crime, you said: “The path we are following today is one of chaos.” So, in your opinion, nothing has changed in France since the publication of “La France orange mécanique” and “Guerilla”?

Unfortunately, things have gotten pretty bad. Violence against persons has continued to rise sharply, reaching a record of 900 assaults per day, including 120 assaults involving bladed weapons. This is according to the Interior Ministry’s figures. Although they only take into account crimes for which complaints are filed, they still show 220 daily cases of sexual violence in France on average. Homicides and attempted homicides have been rising sharply in recent years. After decades of mass immigration, France has never had so many people in jail and so many illegal aliens on its territory.

The president of the republic in your novel “Guerrilla,” who gets brutally assassinated by thugs while trying to mediate, was very reminiscent of François Hollande, but he could just as easily remind us of Emmanuel Macron. The latter’s former Minister of the Interior Gérard Collomb, who warned against the risk of civil war because of mass immigration when he resigned in 2018, has criticized the welcoming of the Ocean Viking [a ship that rescues would-be immigrants in the Mediterranean and brings them to France] and its illegal immigrants in an interview for the Le Point weekly, saying that “by welcoming the Ocean Viking, we open a breach.” In this interview, he describes President Macron as being very much in favor of welcoming so-called “migrants,” i.e., illegal immigrants. Do you really think that the reception of the Ocean Viking opens a new breach and is a step further toward chaos in France?”

The Ocean Viking is just a drop in the bucket: In 2021, there were 121,554 applications for asylum filed, as well as 279,925 residence permits and 733,070 visas issued. That is well over a dozen Ocean Vikings per day. And all this in a perfectly legal way, without counting the irregular [illegal] immigrants who are very rarely deported. The French administration has been organizing such mass immigration for quite a long time, despite the fact the French people never wanted it and despite its consequences in terms of security, social cohesion, or standard of living being dramatic and incalculable.

Isn’t it encouraging, though, that a former interior minister is now sending out the same message as you?

“His courage comes too late. He now admits that he preferred to let a dangerous situation fester rather than risk telling the truth and therefore – it is he who says it – getting Marine Le Pen elected. This is exactly what prevents any debate and any serious political reaction to insecurity and immigration: There is permanent blackmail with the threat of the “far right,” leading in the end to realistic French people remaining silent so as not to be accused of “playing into the hands” of the National Rally.[Marine Le Pen’s party] Our elites have given up on the truth and prefer to lie to their people. Since they are unable to fulfill the basic missions of the state, their legitimacy is in question.

Trials were held this year in relation to the Paris and Nice terrorist attacks of 2015 and 2016, and it looks like there are fewer such attacks in France, or at least there are no longer large attacks with such death tolls. Don’t you think that France is winning the fight against Islamic terrorism? Or do you rather think that the threat of radical Islam and its jihadist-terrorist form, which we see playing an important role in the outbreak of the civil war described in your novel “Guerrilla,” remains at the same level?

“The fears of the intelligence community have not waned. Many people are listed as “risky” and apart from listing them, we are just waiting to see what happens. There are many isolated acts, committed by allegedly “disturbed” persons. These incidents make less noise in the media, but in the long run, they make just as many victims. And this “insecurity,” which translates into multiple “gratuitous” lynchings or attacks with bladed weapons, is a form of ordinary, trivialized terrorism that makes many of our cities dangerous.

In his book “Tout ce qu’il ne faut pas dire” (Everything you must not say) published the same year as “Guerilla,” gendarmerie general Bertrand Soubelet wrote: “In the large urban areas of France, there are stocks of illicit weapons that are the remnants of the wars in Central Europe (in the Balkans). What frightens us, the gendarmes, is that those stocks of weapons, which are lying dormant at the moment, will one day get into the hands of determined and organized people.” Since 2016, have the French authorities acted to recover these stocks of weapons, or are they still in the hands of these “rebellious, misguided children who have lost their way and are in need of guidance,” and among whom “the jihad does its business,” as they are described by General Soubelet?

“The French state is only strong with the weak, with those who fear its wrath, the police, and the justice system. This is absolutely not the case with these [Muslim] gangs and in the suburbs, which are breeding grounds for criminals and jihadists. Obviously, they have no respect for firearms legislation, which is only designed to disarm honest citizens, as honest citizens are the only real threat to our rulers.

In “Guerilla,” the French army does not intervene, or at least not massively, to restore order. This is because it is feared that the troops of immigrant and/or Muslim origin will join the mobs of armed “youth” who hate France and the “Gallic” French. Is this what you think would happen in the event of a civil war in France? Has the French army’s lack of cohesion deteriorated to such a point?

“This is a major fear of the military commanders, who have to deal with a lot of sectarian tensions in the army’s ranks. But the army is above all made unable to act by the moral prohibitions that bind our elites: it is morally unthinkable to send in the troops against our neighborhoods and the criminals who thrive there, who are often of French nationality and who have been presented to us for several decades as “victims of society.” Even the police have orders to restrict their pursuits and to avoid certain neighborhoods so as not to set fire to the powder.

President Macron and his current minister of the interior now want to intensify the distribution of “migrants” throughout the country, including in rural areas. Such migrant centers also play a role in France’s three-day descent into civil war described in your novel “Guerrilla.” It is a civil war against which many leading politicians, including Presidents François Hollande and Emmanuel Macron, have warned. How do you explain the fact that the French political class complains of the consequences but cherishes their causes so much?

What can be their motives?

“There is an old economic belief: The more people there are, the more the country’s GDP will increase, so there will be more pieces of the cake to share. Some business bosses are very keen on low-cost labor. But the most profound belief is moral: Our elites, still colonial in mentality, are convinced that human beings from all over the world are interchangeable, that all you have to do is give anyone a good school, welfare benefits, and a city park to make them good French citizens, even better than our dusty natives. This is obviously a fantasy: Countries are the products of peoples, not the other way around. But, as we have said, it is the nature of Utopians not to be bothered with such realities.

After the horrendous murder of Lola, that 12-year-old girl who was raped, tortured, and murdered by an Algerian woman who had been left free to move around despite a deportation order, you said that if nothing is done now, nothing will ever be done. One month later, do you see some positive change? Is anything being done now?

Absolutely not. There are new victims all the time. Immigration is not questioned, and neither is the justice system. We all know very well that deportation orders are not going to be enforced any better than before. The talk is mostly about new ways to accommodate migrants. The more time passes, the less reversible the situation will be. Unless there is an economic or social accident, French society will continue its drift toward fragmentation and regression.

Oh dark, dark, dark, amid the blaze of noon, irrevocably dark.

But is Laurent Obertone wrong? Who could take issue with anything this French Cassandra, a vox clamantis in deserto, has just said? And what will it take for the French state, that listing ship of fools, to right itself in time?

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Trump and his lawyer fined nearly $1 million over ‘frivolous’ suit against Clinton, Comey, and Democrats

Former President Donald Trump and his lawyers must pay almost $1 million in sanctions after filing a “completely frivolous” lawsuit against Hillary Clinton and the Democratic Party. In a Thursday ruling, the U.S. District Court for the Southern District of Florida ordered Trump and his lead attorney, Alina Habba of Habba Madaio & Associates, to pay $937,989.39.

The ruling stems from a lawsuit filed by Trump in March 2022. Trump’s suit accused Clinton, the Democratic Party, the Democratic National Committee, former FBI Director James Comey, and a number of others of a racketeering “plot” against him. Clinton and the others had “maliciously conspired to weave a false narrative that their Republican opponent, Donald J. Trump, was colluding with a hostile foreign sovereignty” during the 2016 election, it said.

“This case should never have been brought,” wrote Judge Donald M. Middlebrooks in yesterday’s decision. “Its inadequacy as a legal claim was evident from the start. No reasonable lawyer would have filed it. Intended for a political purpose, none of the counts of the amended complaint stated a cognizable legal claim.”

He went on to call Trump’s complaint “completely frivolous, both factually and legally … brought in bad faith for an improper purpose,”  “a hodgepodge of disconnected, often immaterial events, followed by an implausible conclusion,” and “a deliberate attempt to harass; to tell a story without regard to facts.”

“A continuing pattern of misuse of the courts by Mr. Trump and his lawyers undermines the rule of law, portrays judges as partisans, and diverts resources from those who have suffered actual legal harm,” wrote Middlebrooks, who dismissed the suit last September and had already granted one motion for sanctions from a defendant in the suit. That motion, granted last November, was brought by Charles Dolan. The motion for sanctions Middlebrooks just ruled on was brought by 18 other defendants that had been named in Trump’s lawsuit.

To demonstrate this “pattern of misuse of the courts,” the judge referred to Trump’s 2021 lawsuit against the Pulitzer Board (which called on the board to “take immediate steps to strip the New York Times and the Washington Post of the 2018 Pulitzer Prize for National Reporting”), his 2021 lawsuit against New York Attorney General Letitia James, his 2021 lawsuit against Twitter for suspending his account, and his 2020 libel suit against CNN.

The judge awarded the defendants the nearly $1 million to cover fees and costs associated with defending themselves against Trump’s lawsuit. “Almost all of Defendants’ attorneys seek substantially discounted rates, ranging from 28% to 66% less than the rates actually billed,” he pointed out.


FREE MINDS

An interesting First Amendment—and property rights?—question out of Jacksonville, Florida, where people keep projecting antisemitic imagery onto buildings. The city council is now discussing making this a crime. A proposal filed by City Council President Terrance Freeman would make it unlawful to project words or images onto a property without the owner’s consent, reports First Coast News.

Council Member LeAnna Cumber introduced similar legislation on Wednesday. “Property owners and the city of Jacksonville should have the right to approve what’s being presented and projected on buildings,” she said in a statement.

But would these measures unconstitutionally restrict free speech by banning projections onto public buildings?

“When you get to a public building, it’s a lot more complicated when it comes to the First Amendment because you could argue that it’s a public forum,” Council Member Rory Diamond told the Jacksonville Daily Record. The Daily Record writes that “there could be a second piece of legislation in the future that could define a permitted process addressing speech projected on publicly owned properties.”


FREE MARKETS

Immaculate disinflation? Will the U.S. come out of this inflationary period without a recession after all? Economics writer Timothy B. Lee suggests we might:

In recent weeks, the Bureau of Labor Statistics has made a series of announcements that have made me more optimistic about America’s economic prospects in 2023. On January 6, the Bureau of Labor Statistics (BLS) reported that the economy added a healthy 223,000 jobs in December, while the unemployment rate declined slightly to 3.5 percent.

A week later, the BLS announced that prices actually fell slightly between November and December. The annual inflation rate for December was 6.5 percent, the lowest it’s been since October 2021.

Then on Wednesday, we learned that the situation is similar for the producer price index, which measures costs faced by businesses. It fell a surprisingly large 0.5 percent between November and December, while the annual inflation rate for producers was 6.2 percent. And on Thursday, the Labor Department announced that there were 190,000 new unemployment claims filed last week—the lowest number of new claims in several months.

In short, we’re seeing two salutary trends at the same time: inflation is coming down, while the job market continues to boom.

This is all much better than experts expected things to be going right now.

“It’s too early for Powell to take a victory lap,” writes Lee. “The inflation situation is fluid, and the inflation rate could start to creep back up in the coming months. But it now looks like there’s a real possibility that the recession everyone was dreading in 2023 won’t happen. We might get an ‘immaculate disinflation’ instead.”


QUICK HITS

• “A rule that Attorney General Merrick Garland issued in 2021” says if people “have been convicted of a sex offense, they must register with their state, even when the state neither requires nor allows them to do so,” and must also “supply the state with all the information required by federal law, even when the state does not collect that information,” notes Jacob Sullum. A federal judge has just ruled that this violates the right to due process.

• A Virginia lawmaker wants to classify fentanyl as a “weapon of terrorism.”

• Utah legislators are working on legislation that would make all social media age-verify users.

• “In his first move as governor of Pennsylvania, Democrat Josh Shapiro signed an executive order abolishing four-year-degree requirements for the vast majority of state government jobs,” reports National Review.

• A Mississippi bill would “require public schools and postsecondary institutions to install video surveillance cameras all over their campuses,” require the cameras to record audio, and allow parents to view live feeds of these recordings.

• A fun fact from Eric Boehm’s review of a podcast about 1990s music: 2 Live Crew “dropped the epic dis track ‘Fuck Martinez,’ a profanity-laden anthem aimed squarely, or so it would seem, at sitting Florida Gov. Bob Martinez. But, in what Ringer podcaster and music critic Rob Harvilla calls ‘the greatest legal maneuver in the history of the concept of law,’ the group got a guy in Miami also named Bob Martinez to sign an affidavit claiming the song was about him.”

• North Dakota is considering legislation that would criminalize “sexually explicit” material in public libraries.

• If Kamala Harris is the future of the Democratic Party, it’s doomed:



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The Debt Ceiling, AGAIN? The Deuce You Say!

Did you feel a little “thump” yesterday as the United States bumped up against its $31.4 trillion debt ceiling? If so, maybe you should have yourself tested for synesthesia, since the debt limit is not a physical thing. But we hit it all the same, as Treasury Secretary Janet Yellen explained in a letter to House Speaker Kevin McCarthy noting that starting Thursday, Treasury would be implementing “extraordinary measures” to keep the country from crashing right through the limit.

For starters, Yellen said, Treasury will have to suspend payments into the Civil Service retirement fund, and also payments to the Postal Service’s Retiree Health Benefits Fund, from now through June 5. So please, Kev, if you don’t mind, could you please give some thought to not fucking up the US and world economies by allowing the US to default on its debts, please? Jerk.

Fine, in reality Yellen wrote, “I respectfully urge Congress to act promptly to protect the full faith and credit of the United States, you slimy neutered fuckweasel.” We’re pretty sure we copied that much correctly.

So here we are at the debt ceiling, but we haven’t actually blown through it yet because money is entirely imaginary anyway but if you stretch its imaginary nature too much it will snap back and ruin you and everyone you know, but somehow never Kevin McCarthy or Donald Trump, how even IS that?


Here’s how the magic hocuspocus works: By one set of numbers, we’re at the debt ceiling, just floating up there like the weird bubbly uncle in Mary Poppins trying desperately to fart on Dick Van Dyke so they can both descend. Fortunately, as the AP explains, Yellen can get help from her League of Extraordinary Measures and hold off a real default on the debt for a few more months via “accounting tweaks” like holding off on new payments into retirement funds and the like. (As far as we know, it does not include measures like taking the nation’s inventory of nuclear missiles to Pawn-4-Cash for a temporary loan, either.)

DEBT CEILIN’ ON MY MIND: Government Shutdown Season Is Different From Debt Ceiling Season: A Handy Wonkette Guide

Normally, a word no one should be allowed to use anymore, Congress would just shrug its shoulders and pass a bill to increase or suspend the debt ceiling, as Congress did as needed from 1917 until 2011, since it’s an artificial limit to the amount the US can borrow to cover its debts, and authorizing it is just a thing Congress does, like naming post offices and making speeches about how terrible Congress is. We explain it in excruciating detail here.

The thing to keep in mind is that since the US is Big King Fuck of Global Economics Mountain, our debt is the most desired investment in the world, the place to keep your money safe because the US has never, not once, defaulted on its debt. If the US defaults, our bond ratings would tank, and the US would go into a recession, with the world being dragged along like that Buzz Gunderson kid in Rebel Without a Cause whose leather jacket got caught in the door handle of the car, only it’s everyone going off the cliff not just one teenager who barely showed up in the credits (it was Corey Allen, we’ll save you the time). Chickie Run, indeed.

You’d think nobody would want to risk that, but Republicans during the Obama administration decided it would be “fun” to withhold their votes for a debt ceiling increase unless Barack Obama agreed to a clusterfuck called “sequestration” that cut 2.5 percent of federal spending across the board during the last six months of each fiscal year. Those cuts substantially hurt the economy and slowed the recovery from the Great Recession, and probably helped elect Donald Trump as a result.

So you can see why Republicans think it’s a fun game. But Joe Biden has already refused to play it, saying he will not allow any of the cuts to Social Security and Medicare that Republicans want, to say nothing of racing for the title slip to his beloved ’67 Corvette.

When Democrats held the House in 2021, Biden also refused to stand for any Senate Republican shenanigans, and the debt ceiling got extended without any conditions, right up through yesterday, but actually sometime in May or June. But Republicans are super mad that Mitch McConnell didn’t crash the world economy even a little bit. Biden still insists on a “clean” debt limit increase, while Kevin McCarthy said that Congress needs to cut spending and live within its means exactly like it never did during the Trump administration.

And also on Wednesday, President Marjorie Taylor Greene announced that she “will not sign a clean bill raising the debt limit,” and everyone laughed at her because members of Congress vote on stuff, they don’t sign anything except for when they are Kevin McCarthy making a deal with Satan to become Speaker of the House. Silly Kevin — he didn’t even ask Satan to throw in some blues guitar lessons! Yeah, just as well.

Now, remember, the Debt Limit has to be increased to prevent an economic meltdown. It’s permission to borrow to keep servicing the debt the US already has, so if we blow through it, that doesn’t make the debt go away. And because it’s the debt on all government spending going back decades, that debt keeps growing even without new spending, because interest.

Also too, CNN is full of hacks now, framing Biden’s insistence on a clean debt ceiling bill as if Joe Biden were some sort of crazy hostage-taker, because look at how much that’s upsetting … Republicans who want to cut Social Security and Medicare. The headline is bad enough: “House GOP’s swing votes demand talks on debt ceiling and push back on White House’s hard-line stance”

Oh, that wild, inflexible Joe Biden! He won’t even negotiate (to cut Social Security). The lede paragraph is just as weird, resorting to some truly weird gymnastics to portray Biden as the extremist:

House Republicans from swing districts are flatly rejecting the White House’s position that there be no negotiations with Congress over raising the national debt ceiling, insisting that they won’t bend to the Democrats’ take-it-or-leave-it approach to avoid the first-ever debt default with no conditions attached.

Yeah, that Joe Biden, with his my way or the highway to … not defaulting on the debt. You maniac! You won’t blow it up! Ahh…damn you! God damn you all to Hell!

So is there a deal in the offing? Heck, June is like a million years from now. That cliff isn’t anywhere near us. Still plenty of time to fix this.

[AP / CNBC]

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Tory plans for levelling up are a sham, here’s why

‘The Levelling Up Bill is hugely disappointing. It is big on hype and allusions but with no real policies or resources’

Prem Sikka is an Emeritus Professor of Accounting at the University of Essex and the University of Sheffield, a Labour member of the House of Lords, and Contributing Editor at Left Foot Forward.

Unpopular governments deflect attention away from their failures by coining new slogans and making promises that they think people want to hear. In the case of the UK government, the slogan is ‘levelling-up’.

The government has actually introduced a Bill with the deceptive title of “Levelling-up and Regeneration Bill”. It promises to “reduce disparities between regions and within regions of the UK across economic, social and environmental measures”. The aim of the measures in the Bill is to increase living standards: pay, employment and productivity, healthcare, life expectancy, investment in housing and infrastructure, public services, research development; decentralise decision-making, and empower local communities.

That sounds good, but the government has done the opposite for the last 13 years. It has cut real wages, pensions and social security benefits. The average real wage is now less than what it was in 2007 and is falling at the fastest rate for two decades. Last year, FTSE100 CEOs secured a median pay rise of 39%. Some 7.2 million people are waiting for a hospital appointment in England. Life expectancy is declining. In Blackpool, average life expectancy of males and females has shrunk to 74 years and 79 years, considerably lower than other regions.

Even with the recently announced increase, spending per pupil by 2024 will be 3% below 2010 levels in real-terms.

Tax laws are a huge contributor to individual and regional inequalities. For example, capital gains are taxed at the rates of 18%-28%, compared to 20%-45% for earned income. For the year 2020-21 capital gains tax (CGT) of £14.3bn was paid by 323,000 taxpayers on £80bn of gains. The biggest winners from the low CGT rates live in London and the south-east of England. Indeed, numerous policies prioritise London and the south-east and neglect welfare of the regions.

So how does the “Levelling-up and Regeneration Bill” address the problems created by defunct economic ideologies? The answer is that it doesn’t. The Bill does not contain anything that will reduce inequalities, increase disposable income, end regressive taxation, increase spending on schools, and provide social housing or anything else. Climate change has a significant impact on economic development, but is missing altogether from the Bill. It is a mish-mash of measures about planning laws.

The Bill claims to decentralise decision-making but centralisation has intensified. The Bill permits the Ministers to override, change or impose any plans on local authorities by claiming that something is a “nationally significant” development. Local authorities have no right of appeal. Ministers can make new regulations without a vote in parliament.

Some 4.2 million people are in need of social housing in England. In 2015, government promised to build 200,000 starter homes, but none were delivered by 2019. In 2019, it promised 300,000 new homes a year, but the target has not been met. The government now wants to make it easier for developers to buy land, but the private sector is always focused on profits. As Shelter, a housing charity puts it: “The current planning system prioritises maximum delivery of unaffordable homes that can be sold to the highest bidder, instead of well-planned developments with homes that people can genuinely afford.” The Bill contains no mechanisms for changing that.

The Bill enables local councils to charge up to double the rate of council tax on second homes, but without more up to date valuation of homes it will remain ineffective. Of course, the rich can own property through anonymous companies and under different family names and bypass the ‘second home’ charge. The Bill contains no anti-avoidance provisions.

Councils will also be permitted to levy an ‘empty homes premium’ to boost their income. That may help rich boroughs like Chelsea and South Kensington, where expensive homes are owned by rich foreigners, but won’t do much for poorer areas.

Even if all runs smoothly, the resulting revenues won’t compensate local authorities for the 37% cut in real-terms in central government grants during the period 2009/10 to 2019/20. Inevitably, local authorities are reducing services such as refuse collection and significantly increasing council tax, which in turn will deplete disposable incomes and possibilities of building a sustainable economy.

Regeneration requires investment in new industries, but the UK has no industrial strategy. This week, Northumberland-based Britishvolt, a start-up of lithium-ion batteries for the automotive industry, filed for bankruptcy. The government could nationalise it to get a foothold in the emerging industry but won’t. That leaves the Chinese-owned Envision AESC as the only UK car-battery manufacturer. The government wants to end the sale of petrol and diesel vehicles by 2030. The UK state has largely withdrawn from direct investment in new industries and Ministers wring their hands.

The Levelling Up Bill is hugely disappointing. It is big on hype and allusions but with no real policies or resources. Even investment in public projects is based on political favouritism. This week the government allocated £2.1bn for 100 regional regeneration projects, but the biggest winners are Conservative constituencies and many deprived areas have received little or no money. Incessant cuts to wages and workers’ rights can’t be reconciled with any claim of levelling-up or regenerating the economy.

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How Kevin McCarthy became the last “young gun” standing

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In the summer of 2011, as Washington deadlocked over the once routine task of raising the nation’s debt ceiling, Kevin McCarthy, then the House GOP whip, decided to mix things up. At a closed-door caucus meeting, the California Republican cut the lights to screen a clip from the heist movie The Town, where Ben Affleck and Jeremy Renner plot a violent act of revenge.

“I need your help,” Affleck’s character says. “I can’t tell you what it is. You can never ask me about it later. And we’re gonna hurt some people.”

When the lights flicked on, Allen West, a first-term Florida congressman who had become a conservative hero after firing a gun past an Iraqi detainee’s head, rose to offer a version of Renner’s response.

“I’m ready to drive the car,” West said. 

For McCarthy, his political ambitions have always come with a catch: To get where he wanted to go, he first had to hand over the keys. His elevation to speaker of the House in January on the 15th ballot was the culmination of his life’s work and a demonstration of his powers. In nailing down a belligerent caucus, McCarthy leaned on relationships cultivated over a decade-and-half on the campaign trail, at the Capitol, and on the fundraising circuit. But it was also a reminder of the compromises he made to get there. McCarthy won the gavel, but not the authority it traditionally brings, by ceding control to the insurrectionists and austerity-obsessed hard-liners who blocked his nomination 14 times. His victory was in many ways the story not just of his own career, but of the trio of Republican “Young Guns” with whom he rose through the ranks. McCarthy is the last one of them standing, because he already surrendered long ago.

When McCarthy posed with Reps. Paul Ryan (R-Wisc.) and Eric Cantor (R-Va.) for a Weekly Standard cover in the fall of 2007, their party was undergoing a generational collapse. The Republican Revolution of the 1990s had produced brazen corruption and interventionism, and a string of ethically challenged leaders. One GOP speaker of the House resigned in disgrace. Another, Dennis Hastert, turned out to be a child molester. What figureheads the party had were not just ineffectual, but kind of wooden. Democrats, on the other hand, had Barack Obama, someone conservatives accused of actually being too cool to be president. The three lawmakers, the magazine suggested, offered a new foundation. In the cover photo, Ryan’s hair is parted like a 1920s banker. Cantor looks skeptical, as if someone has just passed gas. McCarthy, standing awkwardly off to the side, looks like that someone is him.

From the start, the “Young Guns,” as the cover read, were more a branding exercise than an argument, a phrase chosen because “Capitol Hill careerists fast approaching middle age” doesn’t sound as good. They were the future because someone had to be. In the magazine’s framing, and in the trio’s subsequent 2010 bestseller, Young Guns: A New Generation of Conservative Leaders— Fred Barnes, a Weekly Standard editor whose son worked for McCarthy, wrote the forward—Cantor was “the leader” and speaker-in-waiting. Ryan was “the thinker,” a budget-wonk who wrote about reining in Social Security and Medicare, and saving America from the “soft despotism” of a “takers” mentality. McCarthy’s portion of the book was largely bereft of policy specifics. He was “the strategist.”

Eric Cantor flanked by fellow Young Guns Paul Ryan andKevin McCarthy.

 Carolyn Kaster/AP

A longtime Republican staffer handed a southern California district by his retiring boss, McCarthy spent much of his first campaign fundraising for other candidates. Once in office, he pored over demographic data and election returns, nurturing a reputation as a campaign savant. He read the Almanac of American Politics on cross-country flights. He dragged colleagues to watch Moneyball for strategic inspiration (movies, it seemed, were his thing). In Young Guns, McCarthy described the kind of candidates he believed would return the party to greatness—people outside politics, who would not only run better campaigns, but be better legislators.

But McCarthy wasn’t a stickler. For a long time, the joke about the candidates who bore the Young Guns imprimatur was that they were actually kind of old. In 2010, after the candidate program was adopted by the National Republican Congressional Committee, the Daily Beast calculated that the median “Young Gun” was almost 50. The oldest Young Gun on record, Amie Hober, was 74. 

Ideology, temperament, and biography were negotiable too. The now-retired Rep. Louie Gohmert (R-Texas), a “FWD: FWD: FWD” email chain in human form, was listed in the book’s appendix as an original member. In due time, Lauren Boebert and Madison Cawthorn would be NRCC-designated Young Guns. Wendy Rogers, who was later censured by the Arizona state senate for calling for her enemies to be publicly hanged, was twice a failed Young Gun. George Santos—whose campaign manager reportedly fundraised by impersonating McCarthy’s chief of staff—claimed to be a Young Gun, and in a surprise twist, actually was.

The definition of a Young Gun proved so broad as to be meaningless. The key to McCarthy’s politics wasn’t any particular code, but the lack of one—anyone who won a primary and hit their fundraising marks was invited into the club. That lack of standards, and willingness to embrace the party’s increasingly rabid rank-and-file, was an ideology every bit as significant as Ryan’s austerity—and ultimately more useful. McCarthyism was whatever Republicans were in the mood for.

The Young Guns book was a Polaroid of anti-Obama conservatism, snapped just before its protagonists assumed the burdens of actual responsibility. It detailed the ways Democrats—and their health care law in particular—were ruining what America was, and how Republicans would save it. When they won, the bill came due. The tension between the image of three Young Guns in charge and the reality of their caucus has defined Congress ever since.

One after another, this new generation of conservative leaders was undone by the new generation of conservatives they had anointed themselves to lead—and who demanded more than the Triumvirate could deliver. Hard-liners forced a 16-day government shutdown in 2013 by refusing to pass a budget unless it defunded the Affordable Care Act. These GOP representatives disliked Obama, but it sometimes seemed like they disliked their leadership even more. Cantor fell first, losing a 2014 primary to an economics professor who said the incumbent had sold out conservatives. The former majority leader, who now works at a Wall Street investment bank, told Washingtonian a few years later that he “never believed” his rhetoric about repealing Obamacare while there was still a Democrat in the White House—but that he let conservatives think otherwise because the “anger” worked in his favor. His defeat confirmed the obvious: Republican leaders had unleashed forces they could not control.

McCarthy looked like he’d be next. His 2015 bid for speaker in Cantor’s wake failed after resistance from a group of conservatives led by Rep. Jim Jordan (R-Ohio). The caucus united around Ryan, whose budget—so severe and unpopular that it helped Obama win reelection after the Young Gun joined the 2012 Republican presidential ticket—was a point in his favor. But Ryan too, struggled to control an unwieldy majority. The Weekly Standard didn’t set the tone for conservatives in Washington—the House Freedom Caucus did.

Trump, though, offered McCarthy another chance. While Ryan and even Mitch McConnell sometimes expressed frustration with the man in the Oval Office, McCarthy charted a different course. During Trump’s campaign, he stayed close while others denounced him, eventually becoming his chief enabler on the Hill—a man who questioned nothing, propping up a man who would say anything. He egged on the president’s lies about the 2020 election and demonstrated his fealty behind the scenes, once presenting the commander in chief with a jar of Starbursts with Trump’s least-favorite flavors removed. There was never a better time in Republican politics to be a nihilist. 

House Speaker Kevin McCarthy with former Rep. Devin Nunes and former president Donald Trump.

 Carolyn Kaster/AP

On January 6th, 2021, as a mob of Trump supporters besieged the Capitol to block the certification of his loss, McCarthy called the president and asked him to call off the dogs.

“Well, Kevin, I guess these people are more upset about the election than you,” Trump said.

“More upset?” McCarthy replied, according to one account. “They’re trying to fucking kill me.”

But getting ahead in the GOP meant taking the death threats in stride. Although in the riot’s aftermath, McCarthy said that Trump “bears responsibility” and briefly considered a censure vote, he ultimately stuck with the president. He joined most House Republicans in voting to reject the election results when the chamber reconvened, and a few weeks later, after the tear-gas had cleared, flew to Mar-a-Lago to make sure there were no hard feelings. Trump, prone to handing out disparaging epithets, gave McCarthy a pet name instead: “My Kevin.”

Today, Young Guns makes for a strange read. The book reflects wishful thinking for a golden age that never materialized, from a magazine that went out of business during the Trump presidency. Conservatives craved something coarser and meaner than what Beltway lifers prescribed. The big idea—Ryan’s budget—was political poison, the sort of bloodless think-tank pablum that Trump made a mockery of as a candidate. The book name-checks Mitt Romney and Meg Whitman. “It’s the party of Rubio, Jindal, and Daniels,” Cantor wrote. Instead, it got “Kanye. Elon. Trump.”

One of the promising candidates McCarthy promoted in the book was Adam Kinzinger, a 32-year-old Illinois Air Force vet who once received an award from the Red Cross for rescuing a woman from a knife attack. The YG Action Fund, a super-PAC run by an ex-Cantor aide, later waded into a primary, backing him against a 10-term Republican incumbent. Kinzinger, McCarthy said, would bring “accountability back to Washington.” In a roundabout way, he was right; Kinzinger, who retired in  January, voted to impeach Trump after the insurrection, and defied McCarthy by serving as one of two Republicans on the special January 6 committee.

House Minority Leader Kevin McCarthy heads to his office surrounded by reporters.

J. Scott Applewhite/AP

“It’s sad to see a man that I think has so much potential just totally sell himself,” Kinzinger said recently. McCarthy, he predicted, would not even win his election for speaker.

He almost didn’t. But McCarthy made it this far by embracing shamelessness as a value and appeasement as a path to power. To win, he needed to flip the guy who compared the rioters to tourists (Andrew Clyde of Georgia), and he needed to bring along the woman who quoted Hitler on January 5th (Mary Miller of Illinois). He needed the vote of the representative who addressed a white nationalist conference and shared a meme of himself murdering a colleague (Paul Gosar of Arizona), and one from the person who addressed a white nationalist conference and posted on Facebook about executing Nancy Pelosi (Marjorie Taylor Greene). He agreed to gut his own powers and put the House Freedom Caucus behind the wheel. Above all, he needed to reassure some of Washington’s most intransigent people that he was, once again, a new generation of conservative leader, poised to move his party on from failures of the past.

“He’s different,” Rep. Brian Mast of Florida said in his speech nominating McCarthy before the eighth vote. “He’s not Paul Ryan.”



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The Freedom Caucus Was Designed To Disrupt

At the beginning of this month, the House endured the longest contest to elect a speaker in 164 years. Rep. Kevin McCarthy ultimately was elected speaker, but only after he made several concessions to a small but influential faction of dissenting conservative Republicans. Though not every member of the Freedom Caucus — a far-right coalition of Republican lawmakers — voted against McCarthy, nearly every member who did oppose him was a member of the Freedom Caucus. 

That commonality has drawn renewed attention to the Freedom Caucus and its role within Congress. Despite being a minority in the House, the Freedom Caucus has repeatedly punched above its weight and effected genuine change in the chamber. Powerful political factions are as old as American politics, and in most ways, the Freedom Caucus is just a continuation of that tradition. But in a few key ways, its members are doing something different: voting as a bloc, willing to go against their own party’s leadership and to gum up the works to make a statement. Those differences have allowed the Freedom Caucus to exercise influence over the better part of the past decade — and are why it’s only just getting started.

What’s the deal with the Freedom Caucus? | FiveThirtyEight

Modern congressional caucuses emerged in the last century, though less formal organizations of like-minded members have existed in Congress since the start, according to Ruth Bloch Rubin, a political science professor at the University of Chicago and the author of “Building the Bloc: Intraparty Organization in the U.S. Congress.” During the Progressive Era in the early 20th century, a group of insurgent Republicans worked alongside Democrats to strip away some of the powers that had been consolidated by the speaker. In the 1960s and ’70s, the left-leaning Democratic Study Group worked to push through civil rights legislation (along with, later, the Congressional Black Caucus), against bitter opposition from conservative Southern Democrats.

Typically, such influential intraparty factions emerge only when parties find themselves especially divided, Bloch Rubin said. “It’s usually because there’s enough of a cleavage within the party that these sort of factions have enough members and the distance between one faction and a competitor faction within the same party is enough that it warrants this kind of organizational work,” she said.

This was true of the Freedom Caucus. In the 2010 midterms, during former President Barack Obama’s first term, a Republican wave elected scores of conservative lawmakers to Congress, giving the party six more seats in the Senate and flipping the House. At that time, there was already a conservative caucus within the House, the Republican Study Committee, and many newly elected Republicans joined. But so did many of the more moderate members, according to former Rep. John Fleming, one of the founding members of the Freedom Caucus. 

“We noticed that the committee was growing rapidly. And we were seeing faces in there that we had never seen before. We saw people who were not known to be very conservative joining the group,” Fleming said, adding that he believed then-House Speaker John Boehner had been encouraging moderate members to join in order to “co-opt” the committee.

In 1995, just 7 percent of House GOP members were in the RSC. By early 2011, nearly three-quarters were. Fleming said he and some fellow conservatives tried to keep the group tied to its rightward roots, including by electing Rep. Jim Jordan as chairman of the group in 2011. But as the membership swelled, the ideology got a bit diluted. At the same time, many of these same members were growing increasingly frustrated with leadership in the House — particularly with Boehner — and the status quo. The far-right flank of the party felt Boehner wasn’t taking advantage of the GOP majority to get more conservative legislation passed, so they needled him. Boehner retaliated by, according to Fleming, punishing conservative members — including by removing them from committee assignments — to keep them in line. Boehner did not respond to a request for an interview.

“We were irritations for Boehner, and Boehner was an irritation for us,” Fleming said.

By Thanksgiving 2014, Fleming and a handful of other members were at their wits’ end, so they decided to form their own group. In early 2015, the Freedom Caucus was born. It was designed to be very selective about its closed, sometimes secretive membership — only ultraconservatives allowed —  in order to serve as what Fleming calls the conservative “anchor” of the GOP in the House. Its members would attempt to tow the party toward the right, and once they staked out a position, they wouldn’t budge. 

While the Freedom Caucus had policy goals in mind, most of its work has focused on disrupting and altering the internal workings of the House. If it could wrest away some of the speaker’s power, the thinking went, more conservative legislation might have a better shot at passing. One early and consistent way the Freedom Caucus did this was by voting against House rules, slowing down the legislative process and making it harder for bills that the caucus wasn’t happy with to come up for a vote. But it also took some bigger swings. While the Freedom Caucus didn’t agree to former Rep. Mark Meadows’s decision to file a motion to vacate the chair in the summer of 2015 in an effort to oust Boehner, it backed him after the fact, and that consensus was part of what led Boehner to resign as speaker.

Part of what makes the Freedom Caucus a unique intraparty faction is also its greatest strength. If 80 percent of its members agree to a position or action, everyone has to be on board. That’s different from other groups throughout American history, according to Matthew Green, a professor of politics at The Catholic University of America and the author of a book about the Freedom Caucus. It isn’t just a group of likeminded members; it’s also an effective, disruptive voting bloc that stands together. Members are willing to do this because in order to get to that 80 percent threshold, there’s a lot of debate and persuading internally, according to former Rep. Raúl Labrador, one of the founding members of the Freedom Caucus and now Idaho’s attorney general. “The best debates I ever had in Washington, D.C., were in the Freedom Caucus,” Labrador said.

Another difference is the caucus’s willingness to buck the speaker and establishment — a disposition that can come with political consequences, which is why intraparty factions have historically avoided such sparring.

“That’s a big ask. That’s a risky thing to do,” Green said. “The speaker is powerful, the speaker has powerful friends and you’re risking your committee assignments. You could put your fundraising abilities in danger.”

These differences are part of how the Freedom Caucus has leveraged its relatively small size (it’s estimated to have around 40 members currently, though exact membership numbers are not public) to have outsized impact. Perhaps most notably, it aligned behind former President Donald Trump more resolutely than the Republican Party establishment, gaining access and influence through the White House. (To wit: Many former Freedom Caucus members, including Meadows and Fleming, went on to hold positions in Trump’s administration.)

Now, with the GOP holding just a narrow majority in the House, the Freedom Caucus can wield its unity and antagonism to even sharper effect. As the vote for speaker demonstrated, a group even half the size of the Freedom Caucus can hold the chamber hostage for days. So when fully unified, just imagine what it might unleash.

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