Given the rout the Republicans suffered Tuesday and the low importance of the debates, we'll lead today with
election takeaways.
The New York Times
Sometimes the takeaway pieces are all over the map. Not today. The same themes came up over and over. The winners were Abortion (9x), Glenn Youngkin's defeat (9x), Andy Beshear's win (9x), Tate Reeves win (4x), and Cherelle Parker's win in Philadelphia (3x). It may be a little early for someone to start selling Beshear/Whitmer 2028 or Whitmer/Beshear 2028 bumper stickers, but probably not too early. Among the losers last night, everyone mentioned Youngkin, but another big loser was Gov. Gavin Newsom (D-CA). His path to the White House just got a bit rougher, what with these uppity charismatic moderate Southern governors getting in the way.
Interesting is Fox News' take. It just listed the two gubernatorial races and Virginia elections but somehow missed Issue 1 in Ohio (abortion) and also Issue 2 in Ohio (weed). We guess nobody in red-state land cares about abortion. We haven't been there lately, so we are not sure.
The Siena College poll that has Democrats crying in their white wine showed the problem, but the elections yesterday showed the solution. The problem, at least in part, is that young voters aren't keen on an 80-year-old. But the results in Ohio, Kentucky, and Virginia may show the solution. Biden should make his slogan: "Abortion is between a woman and her doctor, not between a woman and her state senator." Just hammer on abortion, morning, noon, and night. Talk about how the Republicans want to ban abortion nationwide and the only solution is to vote for a straight Democratic ticket, all the way down to dogcatcher.
Closely related to that is getting initiatives like Ohio's on the ballot everywhere to drive turnout among young voters. Arizona Democrats are aware of this and are already working on getting a similar amendment on the Arizona state ballot in 2024. They need 383,923 valid signatures before July 3, 2024. They are aiming at 600,000 to provide a buffer since people who are not eligible voters sometimes sign petitions. The Arizona secretary of state, Adrian Fontes, is a Democrat, and is not likely to invalidate Ms. Smith's signature because she forgot to dot the "i" in her name. A measure on abortion will surely drive turnout in this key swing state. Democrats in other swing states surely now have a bee in their bonnet after Ohio. And why not throw in Mary Jane as well? She's just as popular. So, 2 days after Democrats were in deep depression on account of the Siena College poll, things are now looking up for them. Did we ever mention that in politics, a week is a long time?
The other Nate (Cohn) of The New York Times made a good point about the election results, however. Wonky off-year elections like Tuesday's tend to bring out highly tuned in, highly motivated educated voters. These people are largely quite progressive. The general-election electorate in 2024 will be different from Tuesday's, so one should be careful extrapolating Tuesday's result to the elections a year from now. (V)
To be entirely accurate, last night's GOP debate was held in The John S. and James L. Knight Concert Hall, which is one of three venues at the Adrienne Arsht Center for the Performing Arts. However, local media often simplify it down to Arsht Hall. We thank reader R.E.M. in Brooklyn, NY, for bringing that rather appropriate name to our attention.
We watched the whole thing, so that (many) readers don't have to. Here are the ten things that stood out to us:
That's what we've got for now. It takes a fair chunk of time to watch the debate and then write about it, so we'll have the results for our little debate game, plus election reports from readers, tomorrow. If we tried to pull it off for today, this post wouldn't go live until lunchtime. (Z)
Modern political debates have devolved into shouting matches among the candidates. It wasn't always like this. The New York Times has put together a collection of video clips from debates over the years to show how they have changed. And the change is enormous. In 1960, Jack Kennedy and Richard Nixon agreed that they had the same goals for America, they just had different methods of getting there. They were cordial and certainly didn't attack each other personally. They didn't even address each other. They addressed the moderator who asked the questions. The entire focus of their debate was policy issues.
A staple of debates is to ask each candidate about his opponent's biggest weakness. Among others, Jimmy Carter, Al Gore, and John Kerry didn't take the bait. Gore said: "I think we ought to attack our country's problems, not each other." Bob Dole said: "I don't like to get into personal matters. As far as I am concerned this is a campaign about issues."
It was also common for candidates to say: "I agree with my opponent on X." They also often complimented their opponent on some things. The first few debates were extremely gentlemanly and civil, with the candidates respectful of each other.
Further, they all respected the moderator and stopped talking when their time was up. At least until 1992, when decorum began to fade and the candidates stopped heeding the moderators entirely. In 2008, it went completely off the rails. The rules changed when Barack Obama said: "Ten days ago, John [McCain] said: 'the fundamentals of the economy are sound'." Then the moderator told Obama to say it to McCain's face. Obama then turned to face McCain and said: "John, 10 days ago, you said the fundamentals of the economy are sound." McCain then quipped to the moderator: "Are you afraid I couldn't hear him?" From that moment on, the candidates could address each other. In 2008, they were polite about it. Now it has devolved to a bunch of hungry toddlers fighting over the last banana. Talking over each other, full of sound and fury, signifying nothing became the norm and the moderators loved it.
With Donald Trump in 2016 and 2020, all rules went out the window. He just talked over Hillary Clinton and Joe Biden and had no respect for the rules. He also stalked Clinton, which broke all the rules.
Can it be fixed? Well, step one would be to give the moderators switches to enable and disable each microphone and give them instructions on how to use them ("green means it is on; red means it is off"). The next step would be to put marks on the stage indicating where the candidate may stand. On a first violation, the moderator gives the candidate a yellow (warning) card and holds it up quite publicly. On a second violation, a penalty is doled out, for example, taking away 1 minute of speaking time on the next topic. On a third violation, stage hands roll an isolation booth onto the stage and give the candidate a choice of being locked in it or being escorted off stage by four burly Secret Service agents. Getting rid of the audience would also be a good idea.
If Trump and Biden are the candidates, it is not clear if there will be any debates next year. Trump tries to simply dominate his opponent and doesn't answer any of the moderator's questions. Biden is a mediocre extemporaneous speaker. The DNC and RNC have to agree to procedures and rules and it is entirely possible that they won't be able to agree in 2024 so there will be no debates. (V)
Rep. Dean Phillips (DFL-MN) and Rashida Tlaib (D-MI) have Joe Biden in a bind. They have real power—the power to elect Donald Trump president, who will then carry out policies that both of them despise with a passion. Such is politics. Tlaib is attacking Biden from the left, primarily on Israel, claiming that Biden is engaging in a genocide of the Palestinian people. Yesterday, we discussed at some length what genocide is and is not. Phillips is attacking Biden more from the center right. If each one convinces 1-2% of the President's supporters that he is the wrong guy for the moment and they stay home and skip voting, that could be enough to sink Biden.
In a sense, Tlaib is both the more dangerous and less dangerous of the two. She is more dangerous because she is from the key swing state of Michigan, where about 5% of the voters are Muslims. She could singlehandedly flip the state from blue to red and elect Trump, who as president would tell Israeli P.M. Benjamin Netanyahu to bomb Gaza until all the Palestinians are dead, thereby actually triggering the genocide she is accusing Biden of abetting. On the other hand, her inflammatory rhetoric is surely going to make some Jews who weren't politically active go to ActBlue and send some money Biden's way.
Phillips has entered the New Hampshire primary. If he can beat Marianne Williamson, he could win it, causing headlines the next day like: "Rep. Dean Phillips wins the New Hampshire primary." For voters who are not paying attention and don't realize Biden wasn't on the ballot, it could convince them that the Phillips candidacy is real. Biden's main hope here is getting locals in New Hampshire to run a serious write-in campaign so Biden actually wins. Winning a write-in campaign is not impossible. Sen. Lisa Murkowski (R-AK) did it in 2010 in her Senate race, and "Murkowski" is a lot harder to spell correctly than "Biden." She passed out flyers like the one below. Biden wouldn't need to do that.
Phillips, who is Jewish, is not coordinating attacks on Biden with Tlaib. He probably doesn't even like her very much and has complained about the lack of love from progressives.
Phillips is a wealthy businessman and wants government to operate more like a business. He wants it to outline problems, propose solutions, and then carry them out. Unfortunately for him, running a gelato company is easier than being a congressman. In his company, he could decide that pumpkin was the flavor of the month and nobody would dare challenge him. It doesn't work like that in politics.
Both Phillips and Tlaib are being pilloried by other Democrats who see them as sanctimonious egotists who don't care about the Party's future. Both are being attacked for offending important Democratic constituencies. Phillips hasn't entered the South Carolina primary, which offends Black voters, and Tlaib has hugely offended Jewish Democrats. Democrats can ignore them at their peril. They represent cracks in the Biden coalition that the president needs to address. More on this tomorrow. (V)
Ivanka Trump testified in Dad's civil trial yesterday. It was tough for her because the lawyers for the New York AG's office kept asking questions about Donald Trump's habit of faking the values of his properties and she has an awful memory. She couldn't remember much about them. Heck, she can barely remember how many kids she has or how to cook spaghetti. How she performed her duties as executive vice president of the Trump organization from 2011 to 2017 is unknown. Maybe she wrote notes on index cards to cue herself.
Some of the motivation for Trump to inflate the values of his properties came out at the trial. Trump sometimes personally guaranteed loans, meaning if the property went bankrupt, Trump would have to repay the loan out of his own personal funds. As a consequence, the banks had a great deal of interest in Trump's personal net worth. At the trial, Ivanka was shown a 2011 e-mail in which she acknowledged that a requirement from Deutsche Bank that Dad maintain a net worth of at least $3 billion was a problem. Eventually the net-worth requirement was set at $2.5 billion.
She was also shown another 2011 e-mail from the federal government expressing concern about his financial statements concerning his redevelopment of the Old Post Office into a hotel. Other evidence showed that she made $4 million on that deal. Unfortunately, she couldn't remember anything about it. She said: "There were many e-mails, many conversations." We certainly hope for Ivanka's sake that she is not suffering from cognitive decline. At one point she thanked one of the prosecutors for bringing up the subject of the Old Post Office because it brought back so many pleasant memories of the project, just not about the financing.
Unlike her brothers and her father, Ivanka was poised and calm on the stand. At one point, defense lawyer Jesus Suarez asked her what the federal government's reaction was to the redevelopment of the Old Post Office into a hotel. She said: "I can't speak for the entire federal government." Judge Arthur Engoron laughed at that. She is so much smoother than her brothers, you might wonder if they grew up in the same family. However, she did admit that the valuations of Dad's properties were not always accurate (but that wasn't her fault, of course). She didn't mention that the hotel never turned a profit and that Dad lost over $74 million running it. She probably forgot.
In the end, Ivanka didn't intentionally throw her father under the bus as her cousin, Mary Trump, had predicted. She was entirely focused on covering her well-clad rear end. The only thing she said that may end up being important is explaining why Dad was so concerned about inflating the value of his properties: The banks insisted on a certain level of net worth to allow him to cover the loan should the property fail. That provides a concrete motive for Trump's lying besides the PR value of telling everyone how rich he was. When a judge sees the facts in a crime, he or she always looks for the motive. Now Engoron has that. In the end, Ivanka may have actually damaged her father quite a bit, albeit entirely by accident.
With Ivanka's testimony now over, an important phase of the trial is finished. The prosecution has no more witnesses. Today, the defense is expected to make a motion to decide the case immediately in their favor. Engoron is expected to reject it. Court will be closed on Friday for Veterans Day. Monday, the defense will start bringing its witnesses. Trump has said he wants to put 127 witnesses on the stand. This puts the judge on the spot. If he allows them all, the trial will go on for weeks and weeks, maybe months and months. If he rejects most of them as irrelevant, Trump will appeal on the basis of "the judge didn't allow my witnesses to testify."
Of course this could backfire. The judge could allow them and the prosecution could turn them into witnesses for the prosecution. Maybe Trump has coached somebody from Deutsche Bank to say: "We never pay any attention to valuations loan customers give." Then the prosecutor says: "I think you should be aware that the transcript of this trial will be public and anyone who wants to can see it and possibly use it in a subsequent lawsuit. Now, does the bank demand and expect that customer valuations of property be accurate and reflect true market value?" If the bank manager now says: "We don't care what people put on the form," he is inviting all customers to lie on their forms going forward. He's not going to do that. (V)
Many heads have been scratched over the issue of why Donald Trump has been antagonizing, insulting, and goading Judge Arthur Engoron, who will decide the future of his business empire all by himself. It could be that Trump's lawyers, Christopher Kise and Alina Habba, simply can't control him, no matter how many times they point out that Engoron is the decider here and he could singlehandedly fine Trump $500 million and sell off all his properties to pay the fine.
Trump knows this. Retired judge Barbara Jones has been appointed to monitor Trump's businesses. The next step is for the judge to name a receiver who would prepare Trump's properties for sale. Jones is a serious candidate for receiver. Once a receiver is certified, the receiver goes to work selling the properties.
All this has surely not escaped Trump. So why is he hitting Engoron so hard? One potential explanation is that Trump knows he has lost the trial and Engoron will impose a huge fine. So he is not trying to win the case in court anymore. Instead, he is trying to anger Engoron so much that he oversteps his role, shows his bias, and does something that will allow the appeals court to throw the verdict and fine out the window. If Trump has conceded a loss in his trial, trying to get Engoron to make a mistake that the appeals court will pick up on might be his only strategy.
Of course, Engoron (74) has been around the track a couple of times. He has a pretty good idea of what judges can and cannot do and is undoubtedly thinking about the certain appeal as well. This is probably why the first time Trump violated his gag order, Engoron fined him only $5,000 and the second time he fined him only $10,000. If the Judge had imposed fines of $1 million and $5 million, that would have been a much better basis for an appeal. By making the fines so small, Trump can hardly argue the judge is obviously biased against him. In fact, NYS can argue the small fines show the judge was lenient to Trump.
If this general theory is correct, Trump is betting that Engoron has as little self-control as he does. It's probably a poor bet, but Trump is desperate. (V)
A group of activists brought a case in Minnesota claiming that Donald Trump is not eligible to run for president on account of the Fourteenth Amendment, which says that people who have participated in an insurrection against the United States may not serve in any federal or state office. The group was asking the Minnesota courts to keep Trump off the Republican primary ballot.
Yesterday, the Minnesota Supreme Court effectively punted, at least for now. It ruled that Trump is eligible to be on the primary ballot, but the group can try again if he is the Republican Party's general election nominee. During oral arguments, the justices were hesitant to remove Trump from the ballot. They seemed to favor the idea that the voters, not the courts, should determine if he gets to be president again. The case is likely to be appealed to the U.S. Supreme Court. A similar case is underway in Colorado. (V)
The fun part is over. Now Speaker Mike Johnson (R-LA) has to govern. And watch the politics at the same time. It won't be easy. He has to prepare a dozen bills to fund the government. He can try to stall a bit (see below) but sooner or later he needs to decide how much each department gets. And his decision has to be able to get 218 votes in the House and 50 or 51 in the Senate. That's the hard part.
Johnson is starting out by writing bills that the Freedom Caucus will vote for. They won't pass the Senate, but they give the Democrats plenty of fodder for campaign ads. For example, the constituents of CA-27 in Southern California, which is D+4 and which Rep. Mike Garcia (R-CA) won by 6.4% in 2022, are being bombarded with flyers saying that Garcia supports the GOP's extremist funding cuts that will hurt people in the district.
Johnson knows that any bill that makes the Freedom Caucus members smile has no chance at getting past the Senate, but he has to make the effort to show the FCers that he is with them and is trying. But those "show bills," which have no actual chance, put the Biden 18 and other vulnerable Republicans in a real bind. If they vote "nay," they may draw primary challenges from the right, but if they vote "aye," Democrats will kill them over it. They would greatly prefer that Johnson skip the pointless bills that could never pass and start with serious bills. But that would anger members of the FC, so he can't do that either.
Here are six contentious issues Johnson has to deal with in the upcoming bills.
In short, Johnson has his hands full now. Keeping the FCers on board while not having the Biden 18 jump ship will test his legislative powers to the max. Legislative powers that, by the way, it's not clear he actually has, as yet. (V)
There is no way Mike Johnson can put together a dozen bills that can get through the House in the next week. If he fails to do so, the government will shut down. Republicans invariably get the blame for that. Consequently, House Republicans are looking at ways to kick the can down the road. The only problem here is that can-kicking is what got Kevin McCarthy fired.
Nevertheless, many House Republicans see that they are never going to reach a consensus on a dozen bills this week or next, so they have to engage in a little can-kicking, like it or not. They are considering a fine-grained approach, temporarily funding different departments for different lengths of time while battling over the funding levels for next year.
The "laddered continuing resolution" would fund four departments through Dec. 7 and the rest through Jan. 19, putting priority on the first batch. It would contain funding for military construction plus the VA, Transportation, HUD, and Agriculture. These would be in the so-called "minibus" package, although some Republicans want defense there, too. Remember that having the House pass any bill is only step one. The Senate has to pass it as well, and any bill full of FC priorities is going to fail in the Senate, requiring a difficult Senate-House conference. If Johnson sends real FC tigers there who will snarl and not give an inch, getting to a conference bill won't be easy.
Laddered CRs have been used before, generally when funding for some departments is easy and others are contentious. The idea is to get the easy ones (like Veterans Affairs) done first, since both parties generally agree to provide veterans with the care they need. It tends not to be political. Other departments are far more political, especially when a small group, like the FC, wants to hold the House hostage to its demands.
Separate from the regular bills is the supplemental appropriation for Israel, Ukraine, and Taiwan, with some money for border enforcement thrown in so Democrats can run ads against Republicans who vote against border enforcement. There is little agreement on that, but the supplemental is probably the most critical of all the bills since it is needed to help allies in two ongoing wars. (V)
Everyone in the media business is keenly aware that AI is going to be used to create fake texts, fake images, and fake videos during the 2024 campaigns. No one (except the fakers) is really in favor of these things, but banning them runs into First Amendment and other issues. Meta, the parent company of Facebook and Instagram, is taking a baby step here by asking people who are running political ads that use AI-generated imagery to label them as such.
That sounds good, but is hardly a solution. Among other problems are:
Joe Biden signed an executive order intended to encourage honest players to admit what they are doing. But what about dishonest or out-and-out malevolent players (think: the St. Petersburg troll farm)?
AI-produced ads have already run. In April, the RNC ran a fake ad showing the future of the U.S. if Biden is reelected. It showed boarded-up store fronts, armored military patrols in the streets, and waves of immigrants producing panic. In June, Ron DeSantis ran an AI-produced ad attacking Donald Trump by showing him hugging Anthony Fauci. Here is a news story about this. It won't be the last one:
Google has a similar policy already in place. The problem, again, is malevolent actors who use AI and don't label their photos and images as fake. (V)
One of the three or four races where an incumbent Democratic senator could lose is Montana, where Sen. Jon Tester faces his toughest test ever. He just launched his first ad:
The ad emphasizes that his family has been farming in Montana for three generations. Why does he emphasize this? Well, he has two potential opponents. Rep Matt Rosendale (R-MT) is something of a carpetbagger from Maryland and has a distinct Maryland accent. When Montanans hear his ads later, some of them are going to focus on that. The other potential candidate, and the one strongly favored by the NRCC, is millionaire Tim Sheehy, a former Navy SEAL who owns an aerial firefighting company. Although he was born in Bozeman, MT, he spent much of his life out of state, returning only in 2014. He rails against property developers who buy up huge tracts of unspoiled land and build houses on them when he himself owns many properties and thousands of acres of land.
So Tester's pitch will be that his family has been farming in the state for generations and knows what life as a Montana farmer is really like, while the other guys are (rich) interlopers who know nothing about the life of a Montana farmer. In Montana, that pitch could well resonate with a lot of voters. (V)
There have been plenty of polls about what Americans think of China, but what about the other way? What do Chinese people think about America? Morning Consult has been running polls there asking if people see America as an ally (friendly) or an enemy (unfriendly). The results are somewhat surprising:
18 months ago, by a three-to-one margin, Chinese people saw America as an enemy. Now, it is almost tied. That's a big shift. Most Americans see China as an enemy, not an ally (hence the GOP debate; see above). It's not clear what caused Chinese opinion to change. One possibility is that when he was president, Donald Trump constantly attacked China verbally and did things like put tariffs on Chinese products. Many Chinese people probably saw this as aggressively anti-Chinese.
Joe Biden, by contrast, has cut the rhetoric, but quietly done things that actually could hurt China much more in the long run than a 10% tariff on T-shirts. He got Intel to start building a $100-billion semiconductor plant in Ohio and the Taiwan Semiconductor Manufacturing Company to start building a $40-billion semiconductor plant in Arizona. These will make America much less dependent on China in the long-run for advanced chips and will actually hurt China, but the average Chinese citizen doesn't understand this (unfortunately for Biden, neither does the average American citizen). Biden also got the Netherlands to ban ASML from selling chip-making machines to China. In other words, with Trump, it was all bark and no bite. With Biden, it is all bite and no bark. Chinese people don't realize that Biden is actually quietly taking steps to undermine China and is actually a bigger threat to China than Trump was. (V)