I’ll be poking my head up periodically from our opening week here in London for George Takei’s Allegiance to write about what’s happening back across the pond in America.
As George Santos got elected on a total fabrication of lies, is there anything that the populace of New York can do to speed along his dismissal? I don't buy the GOP excuse that he was duly elected, seeing as it was a total sham, so it doesn't seem fair that NY is stuck with him.
There are two paths toward accountability. One is in legal cases (both criminal and ethical complaints) and the other political. The public can demand action on both but the audiences are different.
Don't miss discussions and the outcome of the NATO(?) meeting in Ramstein this week. If the US starts sending additional munitions to Ukraine, it could open the floodgates from the other NATO countries to do the same. Ukraine would then be in better shape to continue its defense of democracy against the primary instigators and supporters of autocratic/theocratic trends in the US. Namely, Russia and Iran.
How does the 14 th amendment factor into the issue with the debt ceiling? Heather Cox Richardson mentioned that she believes that amendment prevents the GOP from forcing the country to default.
Yes, I've heard it said that the President can, under the 14th Amendment (which says that the credit of the United States shall not be questioned), direct the Treasury to simply breach the debt ceiling as needed. Is there anything to this? What is the downside of doing it (and why have Presidents not done it before)?
I have to say, I’ve spent the morning looking at this and I think you are onto something here, now that I’ve read up on some evolving legal opinions on this question. It does present a constitutional no-no of sorts, but the alternative (doing nothing) is also a constitutional no-no. That presents an interesting question of what Larry Tribe calls the “lesser of two constitutional evils”—and that may be a way in on this. I’m going to write about that on Tuesday.
Obama considered and rejected such a move as outside the Executive’s authority. But Biden has been willing to push the envelope on Executive power including the moratorium on rent, e.g. so I could see him testing this theory. I’m not sure the legal argument is solid, but the matter could get tied up in court which might create its own chaos.
This feels like a move of last resort but still preferable to a debt ceiling crisis. It is unclear how the courts would view such a move or whether they’d get involved.
How can you do all this? Did you clone yourself?! 😁 ... Thank you, BTW Sounds like another rollercoaster week! Cheerio for now!! Time to hobnob with the Hobnob! 😉
I'm enjoying listening to the Republicans bashing Biden for mis-handling of documents. Every time they list the terrible punishments that should be meted out to people who mis-handle documents, they are digging Donald Trump's grave deeper.
Republicans elected that participated in the insurrection. If they could get prosecuted it would change the balance of the house and senate. When can this happen. I know it should but do not know if it will.
Unlikely that it will. The power to hold them to account is in two places: the Congress itself, which is controlled in the House by the GOP, or by the courts where you’d have to bring a case to expel a sitting member or senator. The chance a court does this and gets upheld is vanishingly low, in my view.
Things I am thinking about, Katie Porter, and how to support her! Yes I rhymed 😊. What is it looking like for the college loan forgiveness cases in supreme court? I'm disgusted by Santos and annoyed by finding of said documents and I am not worried about my stove, but I hate letting bullshitters and gop determine what we are focused on. There's more important things, don't you think??
What is the chain of custody of Classified Documents? If I check out a book at the library, the library holds me responsible and knows I have the book as well as when I should return it. Shouldn’t the same type of process be in place for Classified Documents? How could the National Archives not know that Biden had documents which should be in their possession? What’s the possibility these documents were planted by Secret Service or other Trump loyalists?
I see this question a lot. An archive record gets created after a classified document is turned over or otherwise made known to the archivists under the Presidential Records Act, not the other way around. Archivists might know generally about the existence of a document but until it is turned over it’s not part of the Archives. So it’s not like a library that you check books out of. It’s more like a library that gets built as people turn things they’ve written in. What else is out there isn’t known to the archivists of a record hasn’t yet been generated of its existence.
As for planting documents, I seriously doubt it. For such an extraordinary claim, there would need to be extraordinary evidence. Instead, what is far more likely the case is that Biden or his staff were not thorough in sending all such marked documents to the NARA as required by law.
Regarding classified documents. Why is it -- and more importantly -- what would it take, to change the calculus on access? Years ago, when I worked for a defense contractor as a software analyst, I was required to undergo an extensive background check in order to access any documents that were classified related to the work I was doing. Why is there this massive double standard when it comes to elected officials vs ordinary citizens? And what would it take to change it so that EVERYONE with access had to be thoroughly vetted -- including any potential members of congress AS WELL AS POTUS? It certainly would have saved everyone a lot of grief if we had required the likes of Santos -- or Trump and all of his family members and criminal associates -- to pass such an extensive background check and vetting process, before ever allowing them to even run for POTUS or Congress, thus preventing any of them to get anywhere near something classified. This double standard seems rather ridiculous, stupid, and quite frankly dangerous.
Please explain the motion to vacate. Much has been made of the fact that McCarthy capitulated to only one vote being required to bring the motion, but what happens then? Does it require 218 votes to remove the Speaker or is it more of a vote of confidence where the Speaker has to have 218 (or a majority of the Representatives present) to remain in power?
You’d need a majority of the members casting votes for a speaker to vote for someone else for McCarthy to be replaced. They can probably prevent a democratic member from getting a motion on the floor in a privileged manner bit harder to stop your own caucus. But one GOP member along with four of his or her conference plus all Democrats gets you to a removal majority if they vote for someone else together, e.g., but who would that possibly be?
What if.... A handful of Democrats hang out late, until the Republicans have gone, and then one of them motions to vacate. The only ones voting are Democrats, boom, Hakeem Jeffries is speaker. :)
I read in a NYT piece that, if Willis’ decision is to move forward with indictment, she may wait until the first week of March b/c of speedy trial provisions in GA. Apparently they link to the end of a grand jury session, and the current session ends end of February. I’ve seen just this one paragraph about something that seems key to timing. Although, the special jury’s recommendation to publish its report worries me that their decision was not to recommend proceeding to indictment.
The publication request raises the same question for me. I don’t know much about the speedy trial question but I hardly think a few weeks will make a difference in the considerations of a court.
... my most urgent question is : exactly how much Damage can Kevin McCarthy inflict on us in the next 2 years ? (Until he, too, gets voted out of Office - hopefully along with a slew of other "certifiably Nuts" Republicans) ... Having the "Inmates" in charge of the "Asylum" made for a good movie - but it's really scary when it's our democratic Rights & Institutions hang in the balance !!!
Jay, enjoy the opening of George Takei's Allegiance. When you get a chance, whenever, read Greg Stohr at Bloomberg Law's article: "Supreme Court, Waits & Waits Some More to Issue First Opinion". What's Up Jay? Are we going to get a maasive June Dump at the end of this Term and/or the further erosion of SCOTUS' legitimacy? Both? Something else? Thank you.
Please Jay, can you say something about the federal employee pensions and their health care system? Why are they not in the Social Security and Medicare plans. THEY should have skin in the game too!!! And also what am I reading about all the illegal beneficiaries on their health plan costing to tune of over 51 million per year?
I’m not quite sure I understand your question. All federal employees are also in the Social Security system and eligible for Medicare if they meet the requirements. Their pension plans are a separate issue. Can you explain your concern with an example?
Anyone have any idea if any other former presidents ever had classified docs show up in their possession months or years later? How commonly might this accidentally happen? C’mon Barack George Bill and Jimmy! Spill!
As George Santos got elected on a total fabrication of lies, is there anything that the populace of New York can do to speed along his dismissal? I don't buy the GOP excuse that he was duly elected, seeing as it was a total sham, so it doesn't seem fair that NY is stuck with him.
There are two paths toward accountability. One is in legal cases (both criminal and ethical complaints) and the other political. The public can demand action on both but the audiences are different.
Don't miss discussions and the outcome of the NATO(?) meeting in Ramstein this week. If the US starts sending additional munitions to Ukraine, it could open the floodgates from the other NATO countries to do the same. Ukraine would then be in better shape to continue its defense of democracy against the primary instigators and supporters of autocratic/theocratic trends in the US. Namely, Russia and Iran.
How does the 14 th amendment factor into the issue with the debt ceiling? Heather Cox Richardson mentioned that she believes that amendment prevents the GOP from forcing the country to default.
Yes, I've heard it said that the President can, under the 14th Amendment (which says that the credit of the United States shall not be questioned), direct the Treasury to simply breach the debt ceiling as needed. Is there anything to this? What is the downside of doing it (and why have Presidents not done it before)?
I have to say, I’ve spent the morning looking at this and I think you are onto something here, now that I’ve read up on some evolving legal opinions on this question. It does present a constitutional no-no of sorts, but the alternative (doing nothing) is also a constitutional no-no. That presents an interesting question of what Larry Tribe calls the “lesser of two constitutional evils”—and that may be a way in on this. I’m going to write about that on Tuesday.
Obama considered and rejected such a move as outside the Executive’s authority. But Biden has been willing to push the envelope on Executive power including the moratorium on rent, e.g. so I could see him testing this theory. I’m not sure the legal argument is solid, but the matter could get tied up in court which might create its own chaos.
This feels like a move of last resort but still preferable to a debt ceiling crisis. It is unclear how the courts would view such a move or whether they’d get involved.
How can you do all this? Did you clone yourself?! 😁 ... Thank you, BTW Sounds like another rollercoaster week! Cheerio for now!! Time to hobnob with the Hobnob! 😉
I'm enjoying listening to the Republicans bashing Biden for mis-handling of documents. Every time they list the terrible punishments that should be meted out to people who mis-handle documents, they are digging Donald Trump's grave deeper.
It is curious, as it keeps Trump’s far worse behavior in the mind of the public, agreed.
Before I read this, just posted a similar message. The GOP'ers need to be careful here.
Republicans elected that participated in the insurrection. If they could get prosecuted it would change the balance of the house and senate. When can this happen. I know it should but do not know if it will.
Unlikely that it will. The power to hold them to account is in two places: the Congress itself, which is controlled in the House by the GOP, or by the courts where you’d have to bring a case to expel a sitting member or senator. The chance a court does this and gets upheld is vanishingly low, in my view.
Congrats on getting your play on stage in London this week, Jay!! BIG accomplishment!
Things I am thinking about, Katie Porter, and how to support her! Yes I rhymed 😊. What is it looking like for the college loan forgiveness cases in supreme court? I'm disgusted by Santos and annoyed by finding of said documents and I am not worried about my stove, but I hate letting bullshitters and gop determine what we are focused on. There's more important things, don't you think??
What is the chain of custody of Classified Documents? If I check out a book at the library, the library holds me responsible and knows I have the book as well as when I should return it. Shouldn’t the same type of process be in place for Classified Documents? How could the National Archives not know that Biden had documents which should be in their possession? What’s the possibility these documents were planted by Secret Service or other Trump loyalists?
I see this question a lot. An archive record gets created after a classified document is turned over or otherwise made known to the archivists under the Presidential Records Act, not the other way around. Archivists might know generally about the existence of a document but until it is turned over it’s not part of the Archives. So it’s not like a library that you check books out of. It’s more like a library that gets built as people turn things they’ve written in. What else is out there isn’t known to the archivists of a record hasn’t yet been generated of its existence.
As for planting documents, I seriously doubt it. For such an extraordinary claim, there would need to be extraordinary evidence. Instead, what is far more likely the case is that Biden or his staff were not thorough in sending all such marked documents to the NARA as required by law.
Regarding classified documents. Why is it -- and more importantly -- what would it take, to change the calculus on access? Years ago, when I worked for a defense contractor as a software analyst, I was required to undergo an extensive background check in order to access any documents that were classified related to the work I was doing. Why is there this massive double standard when it comes to elected officials vs ordinary citizens? And what would it take to change it so that EVERYONE with access had to be thoroughly vetted -- including any potential members of congress AS WELL AS POTUS? It certainly would have saved everyone a lot of grief if we had required the likes of Santos -- or Trump and all of his family members and criminal associates -- to pass such an extensive background check and vetting process, before ever allowing them to even run for POTUS or Congress, thus preventing any of them to get anywhere near something classified. This double standard seems rather ridiculous, stupid, and quite frankly dangerous.
Please explain the motion to vacate. Much has been made of the fact that McCarthy capitulated to only one vote being required to bring the motion, but what happens then? Does it require 218 votes to remove the Speaker or is it more of a vote of confidence where the Speaker has to have 218 (or a majority of the Representatives present) to remain in power?
You’d need a majority of the members casting votes for a speaker to vote for someone else for McCarthy to be replaced. They can probably prevent a democratic member from getting a motion on the floor in a privileged manner bit harder to stop your own caucus. But one GOP member along with four of his or her conference plus all Democrats gets you to a removal majority if they vote for someone else together, e.g., but who would that possibly be?
What if.... A handful of Democrats hang out late, until the Republicans have gone, and then one of them motions to vacate. The only ones voting are Democrats, boom, Hakeem Jeffries is speaker. :)
I read in a NYT piece that, if Willis’ decision is to move forward with indictment, she may wait until the first week of March b/c of speedy trial provisions in GA. Apparently they link to the end of a grand jury session, and the current session ends end of February. I’ve seen just this one paragraph about something that seems key to timing. Although, the special jury’s recommendation to publish its report worries me that their decision was not to recommend proceeding to indictment.
The publication request raises the same question for me. I don’t know much about the speedy trial question but I hardly think a few weeks will make a difference in the considerations of a court.
... my most urgent question is : exactly how much Damage can Kevin McCarthy inflict on us in the next 2 years ? (Until he, too, gets voted out of Office - hopefully along with a slew of other "certifiably Nuts" Republicans) ... Having the "Inmates" in charge of the "Asylum" made for a good movie - but it's really scary when it's our democratic Rights & Institutions hang in the balance !!!
Jay, enjoy the opening of George Takei's Allegiance. When you get a chance, whenever, read Greg Stohr at Bloomberg Law's article: "Supreme Court, Waits & Waits Some More to Issue First Opinion". What's Up Jay? Are we going to get a maasive June Dump at the end of this Term and/or the further erosion of SCOTUS' legitimacy? Both? Something else? Thank you.
Please Jay, can you say something about the federal employee pensions and their health care system? Why are they not in the Social Security and Medicare plans. THEY should have skin in the game too!!! And also what am I reading about all the illegal beneficiaries on their health plan costing to tune of over 51 million per year?
I’m not quite sure I understand your question. All federal employees are also in the Social Security system and eligible for Medicare if they meet the requirements. Their pension plans are a separate issue. Can you explain your concern with an example?
Oh this includes all the elected officials in DC for anyone who did not know this fact.
Anyone have any idea if any other former presidents ever had classified docs show up in their possession months or years later? How commonly might this accidentally happen? C’mon Barack George Bill and Jimmy! Spill!