#58: This is What We Will Do to Take Back the Senate

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It was a week after the November 2018 election when the extent of the victory by the resistance became clear. There was a stunning increase in voter turnout compared to other non-presidential years. Democratic inroads in the suburbs were significant. And thus we won back 40 seats and flipped the House.

There was nothing accidental about any of this. It required unprecedented grass roots campaign activity and financial support. It included dozens of excellent candidates stepping forward who had never intended to run for office and who were motivated by Donald Trump.

Now it falls to all of us to duplicate or even expand on that massive effort and take back the Senate on November 3, 2020. This matters hugely because the Senate provides the sole review of numerous Presidential appointments, including those to the Cabinet and to the Supreme Court. As we know the Supreme Court nomination process puts Roe v. Wade itself at risk. It is not inevitable that it will be overturned, but the very real risk of losing this constitutional guarantee entirely underscores that we must have the Senate majority when Steven Breyer or Ruth Bader Ginsburg retire. The Senate also has extra importance because it has played a more pronounced role than the House in protecting alliances abroad, which Donald Trump has been intent on eviscerating.

Although Doug Jones of Alabama may be the only Democratic Senator who will face re-election problems, Republicans could launch major challenges to Tina Smith in Minnesota and Gary Peters in Michigan. In contrast, there are many states in which Republican Senators are vulnerable. Democrats think they can unseat Cory Gardner in Colorado, Martha McSally in Arizona (where Gabby Giffords’ husband, astronaut Marc Kelly, may run), Susan Collins in Maine, and Thom Tillis in North Carolina. They are eager to challenge Joni Ernst in Iowa, Dan Sullivan in Alaska, David Perdue in Georgia (where Stacey Abrams may run) and Steve Daines in Montana. They may also compete for the seat in Tennessee that will be vacant after the retirement of Republican Lamar Alexander.

That adds up to nine races. Remember how exhilarated you felt after we flipped the House? You can experience that feeling again in less than two years! Beyond these nine, the number of other races which will be competitive depends upon how Donald Trump does between now and then, and how hard we all work. Given that Trump needs to face Mueller and given his shutdown-slip in the polls, we can anticipate a favorable electoral climate. We also fully understand that we must generate massive candidate support. With these motivations, it would behoove this movement to dive into the nine races above, and at the minimum, these three additional states:

• Kansas has a vacant seat due to the impending retirement of Pat Roberts. Democrats are fresh from winning the governorship and a Congressional seat in the Kansas City area, and believe they have a solid chance.

• Republican John Cornyn will likely seek re-election in Texas. Demographics will continue to drive the state toward Democrats. Will Beto O’Rourke be the Democratic candidate?

• How can one not campaign in Kentucky against the soulless service and Trump-tolerating Mitch McConnell? 

We must understand that winning a Senate campaign has notable differences from taking back the Presidency, which is more about national media and less about local organizing. Happily, these Senate races will be a bit more like super-sized House campaigns, for which our postcards, doorbelling, millions of small contributions, voter registration and other ongoing obsessions carried the day.

In the next year, these Senate Republicans will have numerous opportunities to pull away from Trump, or in the alternative to defend the indefensible. It was a recent encouraging sign when eleven Republican Senators challenged the Trump administration, voting to block the removal of sanctions from an oligarch colleague of Putin. Four of these votes came from the politically vulnerable Collins, Daines, Gardner and McSally. But it was more of a shadow of courage, rather than a profile, since they and Mitch McConnell knew all along that they would need 13 Republican votes to help the Democrats prevail. That is, McConnell consented to his caucus members voting their conscience, but would not have been their sweet-hearted uncle if they had found two more votes. The whole episode had value only as a signal of future possibilities.

We must carefully watch the upcoming opportunities for Republicans to either distance themselves from Trump or otherwise be held accountable for not doing so. The first pertains to the theatrics of the budget showdown. The little considered fact is that in December, Republicans in the Senate joined Democrats in passing by voice vote the same set of budget proposals that they now argue are evidence of Schumer’s and Pelosi’s intransigence. These budget proposals would have become law without any shutdown if Trump hadn’t turned on FOX-TV to hear the criticism of Ann Coulter and Rush Limbaugh. So why can’t these Republicans figure out that they were right the first time?

There will be at least two other votes in 2019 that will tell a tale about vulnerable Republican senators. First the Democratic House will send over to the Senate a bill that solidifies protections for Americans with pre-existing conditions. These Affordable Care Act guarantees have been diminished by Trump and the Republican Congress. Second, Nancy Pelosi and her colleagues will figure out a way for the Senate to have to vote on at least modest steps to respond to climate change. This will handily provide each Republican a chance to recognize the existence of the greatest environmental challenge now faced by humankind.

While the government is closed down, let’s work to change government. Taking back the Senate would be nothing but an excellent thing to do. It depends upon our efforts now, not just a year from this fall. Let’s pretend that it is later than it is, so that it never becomes too late.

1) Making Certain People Can Vote in 2020
	There are all sorts of ways in which election laws and rules can diminish and distort the vote. This is one place where vigilance is the price of liberty. Left on their own, state legislatures can throw up new voting roadblocks. The most pernicious of these are voter ID laws. 35 states require the voter to have some sort of identification. The strictest requirement (a photo ID with little or no option) is in force in six states, and can suppress the vote by as much as 10%. The National Conference of State Legislatures details where there are new voter ID efforts.  Other ways to suppress the vote include reducing polling hours or limiting the use of mail ballots. In the face of such threats, Democrats have proposed all-mail ballots and to confront turn-out at an earlier stage, automatic voter registration. Find out what is happening. As all 50 legislatures head into session, it would be good for you to know whether such organizations with local affiliates as the League of Women Voters and the American Civil Liberties Union have an active voting law agenda in your state legislature. You can ask them, or write to your state representative. Another way to find out would be to write the chair or executive director of your state’s Democratic Party. Their answer will provide insight regarding what is going on in the area of voting rights and it will give you a hint as to whether the state party is sleepy or spirited.
2) Understanding the Value of Early Investment
	Grass roots contributions from across the country played an indispensable role in the 2016 elections. We stepped away from our previous time-honored tendencies to underfund our candidates. The instruments are already set up so that we can choose the most promising 2020 Senate races (see above) and invest early in our candidate. The funds go into an Act Blue “district account” that will be transferred to the candidate when she or he is nominated. Act Blue has proven itself to be an effective low cost online funding intermediary. In this case, they have selected the nine races targeted above, and are also seeking funding for four Democratic incumbents. They allow us to pick and choose rather than prescribing a single bundle. Early money is like yeast.
3) Making Food Available to Those Who Need to Eat
	We should be pleased and proud that food banks across America are providing groceries to federal employees who have now missed two paychecks. This is an additional load for these food banks, all of whom already have numerous clients who have employment problems even more serious than those who have Donald Trump as their titular boss. It’s a perfect time to donate food to your local food bank through the systems they have established. You are saying something to Trump and to America by making sure these shelves are filled, and thus are accessible to laid-off workers, and to other hungry people who live in a country that needs to pay more attention.

Well, at least we share one sensibility with Donald Trump. Accounts are that he had no desire or intention to be president, evidenced by the fact that he had no true transition team and underscored by his efforts to create Trump Tower Moscow up until the end of the campaign. For our part, we had no intention or desire for him to be president either… We will get this all done, celebrate when he is out of office, and make certain something like this does not happen again.

David Harrison
Bainbridge Island, Washington

#54: We Are Just Getting Started

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It was all there in seventh grade if we were paying attention. Our noble Democratic experiment was built upon separation of powers, including a system of checks and balances. Some would have made George Washington king, but he showed clear disinterest and the Constitution made it impossible. The President would be the chief executive and commander in chief. She or he would carry out the laws enacted by Congress. The President could sign or veto laws passed by Congress, and Congress could override a veto with a 2/3 vote of both the Senate and the House. The President would appoint and the Senate approve members of the Supreme Court, who would settle statutory disputes and, (bolstered by the Marbury vs Madison case in 1803) determine the constitutionality of acts of Congress.

Even the enormous powers exercised during wartime by Franklin Roosevelt and Abraham Lincoln left mostly unscathed this intentional, carefully-crafted system. It even has survived the worst judicial wrongheadedness, including the Dred Scott decision upholding slavery, and in our time, the tortured resolution of an election (Bush v. Gore) and the establishment of corporations as persons in Citizen’s United.

So, too, the Supreme Court and the 9th Circuit will survive Donald Trump, whose contemptuousness toward government institutions has been clear from the outset. Even so, one would not want to pass over the exchange between Trump and Chief Justice John Roberts too quickly. Some pundits seem to think it was just a bit of political theatre, but the labeling of judges by Trump as Trump judges and Obama judges and Bush judges was one of the greatest affronts to Trump’s oath of office. If there had not previously been scores of other Trumpian epithets hurled at Democratic institutions, more attention might have been paid. 

No one is proposing that John Roberts be elevated in the pantheon, but it is to his credit that he paid attention. The resistance should be more pleased than is presently apparent. John Roberts knows more than anyone that over half of Supreme Court decisions are made unanimously. He also knows that in just over 20% of Supreme Court rulings, five justices outvote the other four. Most importantly, he knows that it is a very dangerous thing for the independence of the courts to be tweet-defined, especially when the tweeter-in-chief may end up having some personal matters before the court.

Especially delicious is that two of the judicial actions Trump criticized (protection of Acosta’s press pass and defense of Muelller’s legitimacy) were taken by Trump appointees. Bush judicial appointees have ruled against Trump positions as well. It is one thing to concede that politics influences everything, certainly the judiciary. But it is foolish to ignore that the facts of the case and the nature of the underlying law are huge factors in the practices of the courts and thus in the decisions impeding Trump. If he stops affronting the Constitution, the courts will stop admonishing him.

The media wants to leave it that each executive action was “ruled unconstitutional”, obscuring that each of these cases has different claims and different merits. The recent case blocking Trump’s reduction of places where asylum can be sought was simple --- the statutory language on asylum-seeking does not in any way provide the President this discretion, so he is unconstitutionally claiming powers he does not possess. The legal arguments over the press pass of Jim Acosta is all about whether a property right (Jim Acosta’s ability to do his job) can be constitutionally extinguished by Trump without “due process of law” guaranteed in the Bill of Rights. Adherence by Trump and Sarah Sanders to due process would be establishment of legitimate standards for accreditation. The court didn’t need to address this issue, but any such standards would have to be consistent with freedom of speech and of the press as guaranteed in the 1st amendment. Finally, the initial Trump travel ban was blocked by the courts over its denial of “equal protection of the laws” under the 14th amendment. Trump was faulted for a baseless division of Muslims and non-Muslims.

With the Mueller report coming out soon, and more indictments certain to emerge, we need to retain a sophistication regarding the role of the courts and each of the constitutional protections that block many Trumpian excesses. The Brennan Center, Southern Poverty Law Center and the American Civil Liberties Union (82 separate cases against Trump actions) have all been well funded by resisters to make certain we use every tool afforded to us in a country that has an independent judiciary. We will all make certain that they and our environmental litigators continue to have the support they need.

In the meantime, the lame duck Congress is coming to town, a month ahead of the best freshman class of new members of Congress to ever hit Washington. The goal for all of us is constant oversight, as vigilance is the price of liberty. We certainly don’t want to lose our edge during a lame duck session. The worst sort of mischief can be avoided by taking these three steps:

1) Knock Down the Wall
	Yes, there is going to be another wall show down. The House has passed $5 billion for the wall, and the Senate provided $1.5 billion for multiple border security efforts. The good news is that any appropriations compromise requires 60 votes in the Senate. Get used to this. The 50-vote budget reconciliation process was anomalous, and with the House going with the Democrats, it is a forgotten relic, mercifully. Trump’s selective interest in caravans (and the entirely bogus number of 500 criminals in the caravan) is designed to put pressure on the Senate in order to get 60 voters, as is his pledge to close down the government if his wall isn’t supported. Of course, Trump threatening to close down the government to get his way on the wall is a “go ahead, make my day” moment. But it remains the case that Charles Schumer would cut a $5 billion deal in a second if he could get some relief for Dreamers. You wouldn’t want Schumer or your own Senator of whichever party to get too careless on all of this. It is a good time to email your own two Senators, letting yourself get swept up by their email systems that favor people from their own states. They suspect what you think, but tell them anyway. The wall is un-American. It sends a signal to the world that we aren’t who we always said we were. Tell them that you want policies that provide a clear path forward for immigrants, asylum seekers and Dreamers. You might want to underscore your feelings on this matter. Peace Supplies has “No Wall” t-shirts, yard signs and bumper stickers.   Also, although it is a dismal picture, there is no time like the present to think about those in your region who might be considering sponsoring the few refugees (30,000 or so per year) who are being allowed into the country.
2) Don’t Forget Stacey Abrams
	It is one thing to campaign hard in a contested election in which a state has huge ideological splits. It is another thing to be Stacey Abrams and have to do it when your opponent is in charge of the election process, is bent on voter suppression and will not recuse himself. Please don’t forget that Stacey Abrams’ story is not even close to over. Get on the mailing list of her new organization Fair Fight Georgia and give her a little money if you can. If we can get an election in Georgia where people are encouraged to vote rather than being frightened, she will win.
3) Get Ready for All New Action of Climate Change
	It’s all there in the Fourth National Climate Assessment, which was legislatively mandated twenty years ago. The Trump administration would have done away with it if they could have found a way to do so.   This assessment was prepared by 13 federal agencies and is blunt and dramatic about the projected costs, which it says could be hundreds of billions of dollars. It notes that warming will continue to make weather events and fires more calamitous. Trump’s simple answer: “I don’t believe it.”  This will not be the status quo for long. Next year the Democratic House will pass a climate change bill to increase our national efforts and Charles Schumer will look for Republican votes in the Senate. There are several Republican up for re-election in 2020 in states that have turned blue or are turning blue. These Senators will either put the battle against climate change on their plate or be held politically accountable for not doing so. With the House in Democratic control we have all new ways to up the pressure. This is going to be an intensive effort. A good start would be to place yourself on the mailing list of the U.S. Climate Action Network, which includes the major environmental organizations and hundreds of local action groups.

It’s a new day, but not one that brings even a momentary thought of complacency. We are not tired, we are energized. The blue wave of November 6 is not signaling to us that we can walk away. It is telling us that we must not. We just created the biggest Congressional vote margin of victory since 1974. The Presidency is at stake in 2020, and with it our democracy’s essence. We’re just getting started.

David Harrison
Bainbridge Island, Washington

#52: We’re Not Going to Let Him Pry the Bill of Rights Away From Us

Thank you for continuing to share these messages with your friends, if you are not already on our mailing list, please click here to be added to our list. You can also follow me on Facebook. The more people we can reach, the more we contribute to this growing movement. We share these posts on our blog, A Path Forward to November 3, 2020, every two weeks, which means there will be a total of 100 missives before the Presidential election of 2020, in which our country will select a whole new course.

Some of us have taken personally all of these things about Donald Trump. His presidency has eaten away at our country, and we have not been able to abide it at all.

We have been sustained by the too rare legislative victory, notably John McCain’s thumbs down on overturning the Affordable Care Act. Even more so, our strength will come from what we will make happen next Tuesday. We have put together the largest collection of well-funded and well-fought off-year Congressional campaigns in history. We have been unrelenting. Because of that, we will win back the House of Representatives on Tuesday, November 6. 

Through it all, have we been too miserable, too worried, too obsessed with Trump? Have we overlooked any commendable policies he has advanced? Have we allowed his con-man, bullying, prevaricating habits to blind us from his positives?

No. No, we have not overlooked his positives. There is no brighter side. He is in permanent service to himself. He swore an oath to the Constitution and seems to think he swore an oath at the Constitution. He will say anything that suits him at any time that suits him. Left to himself, he will take this country apart.

We do not want to be embittered, or heartsick. More importantly, we do not want to see the world’s longest, greatest noble experiment in self-determination slip away. We will not let the Bill of Rights go, and he will be unable to pry it from our hands.

After next Tuesday night, it will be back to work, but in a new phase. There will be an all new set of issues to confront. New legislative challenges will be before us and the Congress, including House committees investigating Trump’s self-dealing on behalf of his holdings; his campaign’s ties to Russia, and his antipathy toward paying the income tax the law requires.

We have barely begun to sort out our Presidential candidates. We must pick a winner, hopefully someone who can articulate a nation’s dreams and its citizens’ values. Certainly, we have missed that. We do not intend to have this unthinkable presidency repeated, or mimicked by another.

With early balloting underway, it might seem like this chapter is over. This is untrue. With us putting new districts in play, there could be as many as 20 house races decided by one percent or less. In races like these, what happens between now and Tuesday will be monumentally important. Similarly, four or five Senate races are tied. Winning over the last few undecided voters and getting our voters to vote will mean everything for our candidates.

As underscored in missive #51, think how awful it would be to wake up on November 7 and wish that we had done more. You know how to keep that from happening. Here’s three things we can do in the next week.

1) Do Everything You Can to Promote Voting
	You can only vote once, but you can wear your “I Voted” pin and be visible about having voted everywhere you go. Just think of the discussions you can start at the post office, the bank, the grocery store or on the bus. Please, please stop telling yourself that single votes don’t matter. If you are unaffiliated, Indivisible is doing phone banking in key districts every day until the election. Here’s where to sign up.
2) Yes, There is a Way to Make One More Donation That Counts
	Early on, veteran political organizers wondered out loud about Swing Left, whose leadership did not ask whether they could join the circle of resistance organizations. They just acted, and they have played a major role ever since. Now in connection with Act Blue, they have the perfect way to fix your worries that you haven’t donated enough. In their Immediate Impact Fund, they have selected nine Congressional races where the margins are tight, and where our candidates could use a last minute cash boost. We have put so much money in play that it might be hard to imagine that parting with a final $100 could make a difference, but it does because there are thousands of us making that same $100 calculation at the same time. Remember that resisters put 85 districts in play for good reasons, to maximize the blue wave and to make Republicans defend ground that they had always assumed was their own. Let’s make sure these candidates are supported.
3) Let’s Make Elections Better With Each Election Cycle
	The battle to end voter suppression is ongoing, as is the separate but related effort to improve redistricting practices. Congressional redistricting will commence once the 2020 Census has been completed. We will make gains in State Houses this year which will have huge consequences for redistricting. In many states, this means acquitting ourselves better in the usual political battles. It is good to remember that there is a higher goal--- using the initiative process or legislative actions to guarantee that both parties attend more carefully to the importance of considering the citizenry when they do district drawing. It is not just gerrymandering that disenfranchises voters. Sometimes the two major parties do horse trading that guarantees one party’s preeminence in one district, providing it to the other party in a neighboring district. This limits the number of swing districts and thus the choices that voters would otherwise be able to make. It produces members of Congress that are less willing to work across the aisle. As told by the outstanding Brennan Center, five states will vote on initiatives that will improve redistricting processes. Four other states are enmeshed in legislative debates on how to redistrict. Check and see if your state is included, and help make it so in the future. Some of these initiatives are drawing serious opposition with smokescreen advertising, so a last boost is a good idea.

Well, we knew it wouldn’t be easy. And it hasn’t been. From the beginning, about the only good thing one could say about the electoral events of November 2016 is that it would surface hidden layers of sexism, racism, homophobia, and xenophobia that we have been needing to get into the daylight and confront. We will keep that up for every minute it takes.

David Harrison
Bainbridge Island, Washington

#50: Help Accelerate Donald Trump’s Downfall

Thank you for continuing to share these messages with your friends, if you are not already on our mailing list, please click here to be added to our list. You can also follow me on Facebook. The more people we can reach, the more we contribute to this growing movement. We share these posts on our blog, A Path Forward to November 3, 2020, every two weeks, which means there will be a total of 100 missives before the Presidential election of 2020, in which our country will select a whole new course.

Some things about politics and government are complex. Legislative processes are arcane, and they are intentionally built to slow things down, not speed them up. And, as much as they may seem like a contest of television advertising, close Congressional races and the strategies it takes to win them can be complicated too, as strategies are devised, deployed and parried.

Having an election just over thirty days away has the effect of making everything that counts simpler, more obvious and more immediate. So much of what we as resisters have worked for is within our grasp if we tighten our grip now. Right around the corner is a dramatic change to our fortunes, which fell off the precipice in November of 2016. Just over four weeks from now, as we take back the House, win back several Governorships, and contend for the Senate, we can block much Donald Trump's nation-rending.

After we take back the House, Adam Schiff will be coordinating the House Intelligence Committee’s investigation of Russian election meddling, not the head sycophant Devin Nunes. There will be new ways to stymie the destruction of environmental regulations, protect refugees, energize criminal justice reform, block further tax giveaways, and prevent the walling off of Mexico. As importantly, the Democratic leadership of House committees will be able to use subpoena power to explore and expose any number of Trump cons and misdeeds to which the American people continue to be subjected.

With these stakes, our usual luxuries and habits must be set aside. Tweet-generated despair must be followed with an immediate rebound, not an extended period of mourning. Existential discussions of Trump, tittering about Trump gaffes, and exchanges of YouTube videos must all be dispensed with in favor of the real and immediate work before us. It takes just one question to motivate. Do you remember how awful you felt on November 8, 2016, how you would have done anything to take away the shame and the dismay and the worry and the fear? Now we have that chance.

Keeping the Affordable Care Act alive was splendid, as was forcing a reversal of Trump’s policy of separating children from their parents at the border. But, those were just a modest preview of what is to come if the blue wave brings us 40, 50 or even more House seats. 

Achieving that outcome isn’t just about the excellence of our candidate slate or the last month campaign efforts they are devising. This is about how many of us are standing with these candidates and how tall each of us stands. We must not and will not let ourselves get distracted when the focus on getting this done should be the sharpest. Whether or not you live in an enclave of like-minded people (sometimes making the election seem distant) or whether it is around you every day, you are in a position to do more than you have been planning to do! In fact, in some cases you are in a position to do MUCH MUCH more than you are presently planning to do. Since you felt badly in November 2016 and you have felt Trump-despair many times hence, then it’s time for you to take a specific pledge to upgrade your October activities. Among the seven deadly sins that could diminish the blue wave are distraction, overconfidence, misdirection (doing work that is less productive), and procrastination.

We can absolve ourselves of all sins by taking seven steps that characterize the finest resisters. Pledge to yourself today that you will get these things done.

First, be a part of the last wave of postcard sending through many of your local Indivisible cells or through the postcard maniac, Tony the Democrat. We have sent millions of colorful, compelling customized postcards. If you haven’t already done this, you surely wouldn’t want the election to be over without sending a hundred or so yourself.

Second, go to a rally. The closer we get to the election, the more we will collect in large numbers to signify that American is about to change. Large rallies attract attention and thus help get out the vote. Going to hear one of leaders speak will help you feed off the collective energy that is being generated.

Third, however much money you have donated so far, write at least one more check and send it just as soon as you can, since final campaign plans are being formulated. Give up something--- an evening out, a weekend trip, and write a check you never intended to write.

Fourth, find a campaign near or far that needs you there in person. As this missive has emphasized, pick a campaign that has already demonstrated that it is adept in deploying volunteers. Honor them with your presence, at least for a weekend.

Fifth, figure out everyone you know between 18 and 30 and email or text them to remind them that you can still register online in many states, and that they should pass the word. Rock the Vote will tell you and them everything you need to know. 

Sixth, in states accepting early ballots, send a message to like-minded friends asking them to vote as early as possible. The media will be following the early casting of ballots. They will interpret any uncommonly large early pile as supporting a blue wave, which itself will help generate a blue wave.

Seventh, find something you can do on election day that will be helpful to our cause. This could be last minute calling, taking people to the polls, or even holding a campaign sign in a public place.

There may be as many as 20 Congressional races decided by 2% or less. Take the pledge. Do some things you hadn’t expected to. Don’t be a bystander. Surprise yourself at how much you can get done. Help start the beginning of the end of Donald Trump’s assault on America.

And, since that isn’t quite enough, please do these three things:

1) Fight Against the Trump Refugee Cap
	Emma Lazarus said “Give me your tired, your poor, your huddled masses yearning to breathe free” and we made the Statue of Liberty a beacon for refugees. With 25 million people in refugee camps worldwide, Donald Trump has set the United States refugee quota at 30,000 for 2018, the lowest level since the current refugee resettlement program was established in 1980.  Mike Pompeo opposed that decision. When he announced the number, he said it wasn’t indicative of the treatment of vulnerable persons by the United States. Of course, the problem with that heartening sentiment is that it is untrue. Call the majority staff of the Senate Judiciary Committee’s Subcommittee on Border Security and Immigration at 202-224-7840. They won’t necessarily be expecting your call, which will give it even more resonance. Tell them that it is up to them to make sure the beacon is still there.
2) Check Out Initiatives in Your State
	There are 154 Initiatives on the ballot in 38 states. 20 of these are focused on voter access, campaign finance, redistricting methods and other elements of fair and free elections. Find out what is happening in your state. Make certain to continue the fight against voter suppression and for the highest level of citizen participation.
3) Go for Beto O’Rourke, One More Time
	There are all sorts of Democratic Senatorial Candidates that need your support--- Bredesen in Tennessee, Nelson in Florida, Heitkamp in North Dakota. But none will strike the fancy more than the quixotic, exotic effort of Beto O’Rourke to beat Ted Cruz by being a smart, open, idealistic, energetic candidate. He’s not taking PAC money, and he needs our help. $25 each from donors across the country adds up nicely. Beto O’Rourke says that “Texas deserves better” than Ted Cruz. That is a thought that is easy to endorse.

As the months wore on after the 2016 election, it seemed like the day would never come in which we would have our first rebound opportunity. Now it is here. Let’s seize every opportunity it offers, please.

David Harrison
Bainbridge Island, Washington

#37: The Time is Coming for Donald Trump to Tell it to the Judge

Thank you for continuing to share these messages with your friends, if you are not already on our mailing list, please click here to be added to our list. You can also follow me on Facebook. The more people we can reach, the more we contribute to this growing movement. We share these posts on our blog, A Path Forward to November 3, 2020, every two weeks, which means there will be a total of 100 missives before the Presidential election of 2020, in which our country will select a whole new course.

From the first minute of the Trump presidency, we have resisted. It was not as though we wouldn’t have had some satisfaction if he had tacked toward the middle or showed the slightest interest in the obligations of the job or some desire to improve his skills. From the beginning, it was worse than we feared at least in one very notable respect- he has no commitment to democracy. All of the worst presidents from James Buchanan forward have at least recognized the nature and the wondrousness of the great democratic experiment, however they have tarnished it.

It doesn’t seem like a commitment to the self-governance of the American people is too much to ask, but it is now clear that it will not be forthcoming from this president. This is an unprecedented time, where aides fall by the wayside as soon as they aren’t fawning enough, or they vary in the slightest from his Fox-spawned world view. Donald Trump is not willing to be any kind of President, and he is proud and protective of that unwillingness.

It is extremely unlikely that he will be impeached but is not even a close question as to who would be a less dangerous president between him and the vice-president. Mike Pence would be the most politically conservative president of modern times, but nonetheless he would attend to the requirements of the job more fully in one day than Donald Trump has in any month that he has been elected. You could pick your poison, but if you did, why not reduce the danger to security and our democracy by choosing Pence, who at least recognizes there is someone in the world besides himself?

That choice is not likely to come before us. Donald Trump’s presidency will survive. We will not ever know all of his offenses, whether or not they are “high crimes and misdemeanors.” Those we know for sure will be discounted by a sufficient number of Republican Senators to protect him from being removed from office, however much they end up fleeing from him in every other way.

Even without much prospect for impeachment, the role of the courts in checking Trump’s abuses of power is growing. At least for now, the president is constrained by federal courts from walking away from DACA. The courts have forced the modification of his various travel bans, and they have slowed the Trump/Pruitt pillaging of environmental regulation.

On the personal culpability side, those who are seeking to hold Donald Trump legally responsible for doing the things he relishes doing are all making progress. What has emerged are several solid opportunities for the judicial system to be used as a check against the misuse of power.

First, Stormy Daniels, as much as she has captured the nation’s attention span, will not necessarily be a lasting problem, since evangelicals have already given Trump a get out of jail free card. Nor is he facing a big problem from former Playboy Playmate Karen McDougal, who is also seeking release from her non-disclosure agreement. Donald Trump has not subjected either woman to tweet-assault, and both have stressed that their relationships with him were consensual. However, Trump still has a groping issue before the courts. A New York Supreme Court Justice thus far has refused to throw out Summer Zervos’ defamation lawsuit. If Trump’s appeal of the Court’s denial of his stay is turned down, a deposition would be next. 

Second, the resistance has been making the emoluments argument since Trump was elected, and that case is still alive in federal court. The Constitution prohibits officials from receiving “gifts, emoluments, offices or titles from foreign states.” Maryland and the District of Columbia have argued that Trump is receiving such gifts as foreign governments gravitate to the Trump International Hotel. 

Of course, the biggest personal challenge for Donald Trump is the Mueller investigation itself. Given the methodical way that Robert Mueller has proceeded so far, it is surprising how much conjecture there is in the mainstream press that there was no collusion between Trump and Russia. Why would one conclude that Roger Stone and Paul Manafort and Michael Flynn never got Trump’s consent about Russia, since it is abundantly clear that Trump was otherwise involved in every aspect of his campaign? It would be wise to wait to draw these conclusions. And while we are waiting, it would be good for us to school ourselves on the obstruction of justice by Trump and his sycophants. This includes a dozen or so separate incidents including the timing of the Sally Yates and James Comey firings. It includes the memorable statement crafted by Trump and Hope Hicks that the meeting between Russians and Donald Trump Jr and others was about the adoption of Russian orphans. And it is all laid out in two stunning podcasts on collusion and obstruction on NPR’s Embedded program.

Any or all of these three legal actions could end up being a major barrier to Trump’s worst intentions. Happily, they all have their funding sources, and no bake sales or bike-a-thons are necessary. Thus, all of us could turn to other fronts to boost the legal challenges to Trumpism, including taking these three steps:

1) Keep Fighting to Protect Public Lands
	Interior Secretary Ryan Zinke decided to “go big” in his reduction of Bears Ears National Monument by 85% from its original 1.35 million acres. This decision was all about advancing the interests of oil companies. The battle to save Bears Ears is instead about listening to the Navajo, Hopi, Ute and other tribes who fought so hard to create the monument in the first place. Your participation in this effort will not only show solidarity with the tribes, but it will send Zinke and Trump a signal that you stand behind federal land conservation protections. The tribal coalition offers you the opportunity to sign up for regular updates, contact your member of Congress, and underwrite the legal action.
2) Save the Modern Day Census
	A lot of people are confused by the dust up over the Trumpian effort to add a citizenship question to the Census in 2020. Why not change the short form (which is designed for us to complete in ten minutes) to find out who is a citizen? This citizenship question has not been asked since the 1950s, since the Census is intended to establish our total population, regardless of our citizenship. The data is then used to allocate Congressional districts among the states, and it is used in numerous federal funding distributional formulas, so that the funding can be responsive to people and communities in need. Adding the citizenship question is intended to decrease the count (and thus the relative political influence) of areas of the country with heavier immigrant presence. We do not want or need to widen the growing gulf between the government and immigrant communities. The addition of this question will generate an undercount in the census.  It’s time to see whether your city and/or state is among the several who have already joined the coalition to battle this new provision.
3) Continue the Fight Against Voter Suppression
	Previous missives have emphasized two major organizations fighting fiercely against voter suppression. It seems odd that election officials and some state legislatures would work to inhibit voters from voting, but that’s exactly what can and does happen. Both the Brennan Center for Justice at New York University and the American Civil Liberties Union have been instrumental in rooting out these practices. The efforts of another long-time player are growing. The League of Women Voters has the status, the experience and the local networks that are all essential to expanding voting in America. Find out what they are doing in general, and what they are doing near you.

To stop the daily Trump assault on the American democracy, we will use every single legal tool that is at our disposal, so why not maximize the use of the legal system itself? Our fore-parents expected that it would be an inhibition to the misuse of power, and for that, there is no better time than the present, don’t you think?

David Harrison
Bainbridge Island, Washington