In all the talk about whether Joe Biden should “step aside,” there hasn’t been enough discussion of the rationale he should present if he does so. So I offered one at New York:
The Democratic Party’s semi-public bickering over what to do with Joe Biden needs to come to an end very soon, lest it turn into a horrific party-rending conflict or a de facto surrender to Donald Trump. While he can technically be pushed out of the nomination, it would be nightmarishly difficult to do so given his virtually unopposed performance in the primaries and the lack of precedent for anything like a forced defenestration of a sitting president. It would also express disloyalty to a brave and dedicated leader. But Biden has already lost the united, confident party he needed to make a comeback. He’s trailing in the polls right now. And even more importantly, his own conduct and fitness for office will command center stage for the rest of the general-election campaign, which is precisely what he cannot afford given his poor job-approval ratings and the sour mood of the electorate.
So Joe needs to go of his own accord, and it needs to happen quickly before Republican and Biden-loyalist claims of a “coup” become all too credible. But it’s obviously a humiliating exercise. So if Biden comes to realize the futility of going forward, what can this proud and stubborn man say that will make him something other than an object of derision or pity?
I have a simple answer: He can tell the truth.
The truth is that Biden’s firm commitment to the pursuit of a second term, despite his advanced age and increased frailty, hardened into inflexible determination when Trump made his own decision to launch an initially unlikely comeback. When Biden took office, Trump was a disgraced insurrectionist whose very defenders in his second impeachment trial mostly denounced his conduct, even as they urged acquittal on technical grounds. The 46th president was in a position to serve one distinguished “transitional” term and retire with a wary eye on his fellow retiree festering in anger and self-righteousness in Mar-a-Lago. But as Trump slowly recovered and eventually reemerged as a more dominant figure than ever in a MAGA-fied Republican Party, Biden became convinced that as the only politician ever to defeat Donald Trump, he had the responsibility to do it again and the ability to remind voters why they rejected the 45th president in 2020.
As this strange election year ripened, Biden had a perfectly plausible strategy for victory based on keeping a steady public focus on Trump’s lawless conduct (including actual crimes), his erratic record, and extremist intentions for a perilous second term. The polls were close and Biden wasn’t very popular, but these surveys also showed a durable majority of the electorate that really didn’t want to return Trump to power, particularly as economic conditions improved and the consequences of Trump’s Supreme Court appointments grew more shockingly apparent each day.
Then came the June 27 debate, and suddenly Biden lost the ability to make the election about Trump. He needs to look into a camera and say just that, and conclude that just as the threat posed by Trump motivated him to run for a second term, the threat posed by Trump now requires that he withdraw so that a successor can make the case he can’t make as he’s become the object of endless speculation about his age and cognitive abilities. Biden does not need to resign the presidency, since his grounds for withdrawing his candidacy are about perceptions and politics rather than any underlying incapacity. Biden would be withdrawing as a weakened candidate, not as a failed president.
For this withdrawal to represent a stabilizing event for his administration and his party, it’s critical that Biden not equivocate or complain, and that he show his mastery of the situation by clearly passing the torch to the vice-president he chose four years ago. For all the talk of an “open convention” being exciting (for pundits) and energizing (for the winner), the last thing Democrats need right now is uncertainty. No matter what the polls show and how badly his old friends want him to succeed, it’s the prospect of 100 days of terror every time Biden makes unscripted remarks that is feeding both elite and rank-and-file sentiment that a change at the top of the ticket is necessary. The fear and confusion needs to end now, and Biden effectively made his choice of a successor when he made Kamala Harris his governing partner. The president needs to reassert his agency now, not look like he is abandoning his party and his country to the winds of fate.
A straightforward and honest admission of why Biden 2024 is coming to an end could go a very long way toward enabling Harris and other Democrats to shift the nation’s gaze back to the ranting old man whose acceptance speech at the Republican National Convention showed that he has not mellowed or moderated at all. Of course Biden wants to solidify and extend his legacy over the next four years. But right now, the clear and present danger is that it will be extinguished altogether. He alone can address that threat, not as a candidate, but as a president and a patriot who recognizes his duty.
Here’s another idea for reversing SCOTUS’ ruling on Citizens United v. FEC;
A diarist named Smintheus posted on unbossed.com a very quick and simply remedy for this power-grab by corporations;
Congress should prohibit any corporation from engaging in this new political spending if it has any non-American shareholders, or owners. Because after all, foreigners have no 1st amendment protections.
This brilliant idea was picked up by PLS who posted the diary “How to hoist the SCOTUS on their own petards!!!” on Daily Kos. This stroke of genius not only undoes SCOTUS’ treasonous decision, it seriously weakens the hold corporations CURRENTLY have over our democracy.
This is AN EXCELLENT way to punish SCOTUS and the Republicans for attempting a coup of our government on behalf of corporations.
Here is the statute upon which the tactic succeeds;
U.S. Code § 441e. Contributions and donations by foreign nationals
(a) Prohibition
It shall be unlawful for—
(1) a foreign national, directly or indirectly, to make—
(A) a contribution or donation of money or other thing of value, or to make an express or implied promise to make a contribution or donation, in connection with a Federal, State, or local election;
(B) a contribution or donation to a committee of a political party; or
(C) an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 434 (f)(3) of this title); or
(2) a person to solicit, accept, or receive a contribution or donation described in subparagraph (A) or (B) of paragraph (1) from a foreign national.
(b) “Foreign national” defined
As used in this section, the term “foreign national” means—
(1) a foreign principal, as such term is defined by section 611 (b) of title 22, except that the term “foreign national” shall not include any individual who is a citizen of the United States; or
(2) an individual who is not a citizen of the United States or a national of the United States (as defined in section 1101 (a)(22) of title 8) and who is not lawfully admitted for permanent residence, as defined by section 1101 (a)(20) of title 8.
Here is the above mentioned section 434 (f)(3)
3) Electioneering communication
For purposes of this subsection—
(A) In general
(i) The term “electioneering communication” means any broadcast, cable, or satellite communication which—
(I) refers to a clearly identified candidate for Federal office;
(II) is made within—
(aa) 60 days before a general, special, or runoff election for the office sought by the candidate; or
(bb) 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate, for the office sought by the candidate; and
(III) in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate.
(ii) If clause (i) is held to be constitutionally insufficient by final judicial decision to support the regulation provided herein, then the term “electioneering communication” means any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate) and which also is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate. Nothing in this subparagraph shall be construed to affect the interpretation or application of section 100.22(b) of title 11, Code of Federal Regulations.
– end of code description –
Piecing together the most salient parts of the above statute, we have the following;
“It shall be unlawful for a foreign national, directly or indirectly, to make a contribution in connection with a Federal, State, or local election, or expenditure for an electioneering communication. The term “electioneering communication” means any broadcast, cable, or satellite communication which refers to a clearly identified candidate for Federal office, is made within 60 days before a general, special, or 30 days before a primary or preference election.”
The limiting phrase in this law is “which refers to a clearly identified candidate for Federal office.” Because the Citizens United v. FEC ruling refers to non-identified candidate communications, what Congress needs to do is extend this statute to include ANY elections-related communications. An example of why this extension seems very reasonable would be in order to prevent a foreigner from an oil producing country from bombarding U.S. television shows with ads that claim “Global warming is just a hoax; keep buying our oil.”
Smintheus’ solution seems very promising. We should explore it a bit further, and if it proves solid, quickly take action on it.
With their ruling in favor of Citizens United v. FEC, the Conservative members of the Supreme Court have committed treason far more dangerous and egregious than their having stolen the 2000 election for Bush. This time they have gone too far by handing our democracy to corporations. The way to remedy this treason is simple and straightforward.
The first step is for Congress to end or fix the filibuster rule so that Republican and Blue Dog Senators can no longer usurp majority rule in the Senate, and prevent the second step.
The second step is for Congress to create two new Supreme Court seats, increasing the total number of justices from nine to eleven. FDR failed in this in the 1930s because he tried to create SIX new justices, and because he was not facing as great an assault on our democracy as we are now. The American People would support Congress’s appointing these two new justices in order to preserve our democracy.
The third and final step is for someone to challenge the new ruling in the courts and have the suit move its way up to the Supreme Court. I’m not sure if that can happen before the Citizens United v. FEC decision allows corporations to hijack the 2010 election. If so, such a delay is not an acceptable option.
Until Citizens United v. FEC is overturned, Obama and the Democratic Congress have a course of action. According to the Constitution, the President is not bound by Supreme Court decisions. There is a famous instance when the Supreme Court rendered a decision and a president said something to the effect that; “Well, you’ve made your decision. Now try to enforce it.” I think it was FDR, but I’m not sure on that.
SCOTUS’ handing our democracy to corporations with this decision can and will, if we let it stand, defeat any and every major progressive initiative after the 2010 elections. If this decision stands, we risk losing both our Senate and House majorities.
We need to put aside every other initiative right now and concentrate our power on defeating this decision by advocating for Congress to end the filibuster, create two new SCOTUS seats, and then have the new SCOTUS reverse the decision. We need to alert the public about this assault on our democracy so that they will fully back Congress’s decision to end the filibuster in order to create the two new seats.
We cannot do everything at once. If we try to assume a business-as-usual approach and continue to work on many other initiative while also working on this one, we risk failing. That is not an option we can afford.
WE NEED TO TABLE ALL OTHER INITIATIVES UNTIL WE GET THIS JOB DONE.
The vast majority of blog posts on all of the Liberal/Progressive sites for the next several weeks should be about getting this done. We should organize our efforts so that some blogs are focusing on some parts of this, and other blogs are focusing on others. We need to organize and fight like our democracy depended on it, because it does.