Lame Ducks and Honey Badgers II
Rolling Stone‘s Naomi Lachance inadvertently reinforces my argument from yesterday in her report “Biden Clears Out Most of Federal Death Row Before Trump Can Kill Them.”
President Joe Biden is commuting the sentences of the majority of people on federal death row, the White House announced on Monday, in anticipation of Donald Trump — a champion of capital punishment — taking office. The inmates have now been sentenced to life in prison.
Criminal justice advocates have been pushing Biden to take action on this issue after he pledged to end the federal death penalty during his presidential campaign — especially with Team Trump preparing another execution spree.
[…]
The federal government executed 13 prisoners at the end of Trump’s first term, the first since 2003 during George W. Bush’s presidency. Trump and his team have been eagerly planning to go on another “killing spree” on federal death row once they take power, a Trump adviser recently told Rolling Stone. As we have reported, Trump has expressed interest in reinstating banned methods of capital punishment, and has suggested group executions and televising executions.
“These are terrible, terrible, horrible people who are responsible for death, carnage and crime all over the country,” Trump said in 2022 when he announced his intention to run for president. “We’re going to be asking everyone who sells drugs, gets caught, to receive the death penalty for their heinous acts,” he added.
So, again, as a matter of public policy I laud Biden’s action here. Indeed, he struck the sweet spot in terms of my preferences on the death penalty, reserving it for the most egregious offenders whose guilt is beyond any shadow of a doubt.
My problem is the timing. Despite indicating his opposition to the death penalty in his 2020 campaign (although I must confess I don’t recall him emphasizing it), he didn’t commute these sentences when he still had skin in the game, subject to punishment from the voters. He could have done it any point in his four-year term but waited not only until after the election but after his running mate lost her bid to succeed him.
In the comments of yesterday’s post, the pushback was threefold. First, Biden was elected to a four-year term and retains the full powers of the office until the second his successor is sworn in. Second, it’s a good thing for politicians to do the right thing, and sometimes this requires being free from the pressures of democracy. Third, and somewhat related, is that Donald Trump is a uniquely horrible politician and that doing things to thwart him is an unalloyed good.
Regarding the first, I fully agree. I’m not arguing that Biden’s actions are illegal, merely that it’s problematic from a democratic standpoint.
Regarding the second, I disagree strongly. It’s true that policies that I agree with—including this one!—have gotten enacted under lame-duck Congresses and presidencies. But it’s also true that policies—including other pardons and commutations—that I found outrageous got enacted under them. My argument is about process and legitimacy, not my preferred outcomes.
Regarding the third, well, see the second. I voted against Trump three times. I got my preference once. Them’s the breaks in a democracy.*
The most vociferous advocate for the second argument was @MarkedMan, who repeatedly took a Burkean tack. Most notably, “I think that an elected official should do what is right, and I don’t see the problem with them waiting to do that until they are not standing for election, if they know it might result in the loss of the election.”
I agree on the first part but vehemently disagree with the second. It’s fine, arguably even admirable, for a politician to act in the way he thinks is morally right and/or in the long-term interests of his constituents, even if he thinks they’ll be angry about it. But waiting until they’re no longer accountable to do so is cowardly and, yes, undemocratic.
Some apply the “lame duck” label to a President the minute they begin their second term or, in rare cases like Biden’s, announce that they will not be running for a second term. But Presidents in those circumstances still have plenty of incentive to consider the wishes of the voters, as they want to get policies through Congress and be succeeded by someone from their party. My critique applies specifically to the period between the election—particularly one that resulted in a change of party control—and the assumption of power of the newly-elected President/Congress.
My co-blogger Steven Taylor, who agrees on me here on both policy grounds (that the commutations are morally just) and on process grounds (that they’re problematic in terms of democratic accountability), does believe that I overemphasize the fact that Biden effectively lost the election.**
I do so for two reasons. First, I think it further delegitimates questionable actions, especially those that seem clearly designed to take powers away from his opposite-party successor. Second, had Harris won, Biden would presumably be somewhat constrained by the impact any of these actions would have on her popularity/ability to govern. Having lost, he’s completely free to say “screw you” to the voters. Even as one who voted for both Biden and Harris, that doesn’t sit right with me.
Lachance reinforces the first of these. The fact that these commutations specifically make it impossible for Trump to carry out a campaign promise is, frankly, outrageous. While I don’t think either the 2020 or the 2024 elections materially hinged on the execution of convicted Federal prisoners, that fact of the matter is that there was every indication that Trump would have carried out the sentences. The loser of the election, no longer accountable to the voters, sent a giant middle finger to the country on his way out the door.
*I’m well aware of the undemocratic nature of the Electoral college, the Senate, and other aspects of our polity. While that might have provided some fodder regarding his first administration, they really don’t apply to this one, since he won outright.
**Obviously, Kamala Harris was on the ballot, not Biden. But she was there because he quit the race after the primaries, effectively handing her the nomination as a fait accompli. She was very much a stand-in for the Biden-Harris Administration.
I wish I could remember the name of the book about the process of enacting the Civil Rights Act that was assigned reading in one of my poli sci classes. One of my professors leaned hard into Federalist #10, I took several classes with her and she always assigned that particular one. The Civil Rights Act would never have been passed if members of Congress had simply reflected popular opinion. I understand that it’s different (very different) to have Congress pass a law without popular support vs. a President making changes on his way out. What has changed–dramatically–is that I don’t see Congress doing anything anywhere near as courageous as the CRA. They can’t pass anything. This empowers what the same professor would refer to as the Imperial Presidency. It’s why it is so, so important that we elect good, competent leaders. We’ve now failed at that too.
As I’ve said before, time to let the American public touch the hot stove.
James, please give it a rest. Biden has done something good, and the usual crowd howls.
On at least one occasion during the campaign Trump verbalized his desire to ramp up executions; Trump won the election; therefore Biden using the pardon power to thwart Trump’s blood lust is undemocratic…even though Biden’s opposition to the death penalty was known before he was elected in 2020. The logic gets both murky and circular here. Trump hammered inflation, immigration and deep state hokum, not the use of the federal death penalty. Further, does anyone seriously believe that every voter who casts a vote for Candidate X is fully invested in EVERY sentence uttered by X in the campaign? Seems to me that JJ – and others – may be trying a bit too hard to find a reason to find Joe Biden as contemptible and undemocratic as Donald Trump.
@Jen: “As I’ve said before, time to let the American public touch the hot stove.”
The American public will not learn, as we saw in 2016 and 2024.
No matter how much the GOP screws things up, the American people will forget in a few years.
This is, of course, helped immensely by the ‘liberal’ media propagandizing for the right.
Deontology vs Consequentialism Round ][
For most policy issues I can see James’ point. I may not agree but I can see the point. Capital punishment of specific people is different. Most of the awful things that Trump does can ultimately be undone even if there is some lingering damage. But if Trump is allowed to kill those 37 people to satisfy the blood lust of his followers, they cannot be resurrected in 4 years.
James, I think we are just going to have to accept disagreement here. To me, Jen’s point is dead on – In a representative democracy our elected officials who want to do advance the country must do things that are unpopular with the voters, because it is a simple reality that not everything that needs to be done is going to be understood and accepted by the voters. Whether it’s raising taxes, cutting benefits, or advancing civil rights, there are necessary actions that voters will bristle at, on their own or with the help of the opposition spin. Doing what you can to minimize that backlash is an essential part of politics, and it is not one of the bad parts!
The fact that some elected officials use those same powers to do bad things is unfortunate. But you are attempting to fix a character issue by changing the process, and that won’t work for things like this. Leaders who use their powers to do bad things are people of bad character. The solution is not electing those people, not taking powers away from the office.
Outside of pardons is there anything a new president couldn’t immediately reverse or change once in office? Outside of a double jeopardy/constitutional issue what is there? Maybe if Biden decided to nuke someone. The fact of the matter is unless Biden instantly loses his power as president on the day he loses the election, then he’s still the president to do as he wishes. You may not like him to do much, but the Constitution doesn’t say he instantly loses power.
It’s probably a bad system, but our whole system is fucking garbage written by bougie racist slavers in an enlightened fuck you to everyone not them.
@Charley in Cleveland:
I think it’s more general than that. I think a whole lot of people demand absolute perfection or whatever is absolutely unacceptable. Some people are just very very particular, have absurd standards, and are somewhat inflexible about them (which is the camp I’d put Dr. Joyner*) and some people are just inflexible, utopian idiots. I was reading a Slate article yesterday and it was just dripping with condensation and hyperbole about how Biden was the absolute worst and the ultimate objective failure because he left three terrible people on death row. Like, I’m an against the death penalty, but this is still a good thing. I’m not even going to get worked up about three terrible people getting the shove.
*just to be clear, I’m not trying to be mean or insulting and obviously I don’t know you in any way than other than through your writing. You just strike me as being a very particular man. Somewhat inflexible. Not a jerk or stupid about it, but particular to a high level. I think that can blind you at times. lol, maybe that’s why so many of us yell at you; we know you can flex, just takes a bit.
Edited to fix quote
https://slate.com/news-and-politics/2024/12/biden-death-penalty-commutes-pardons-boston-marathon-bomber.html
This is the article. I’m pretty sure they changed the headline. It’s haute gorbage.
When is it not undemocratic to say “screw you” to the voters? In my view, 2024 would be such a time.
First, I believe it is naive for you to hand-wave away the “undemocratic nature of the Electoral college, the Senate, and other aspects of our polity” because Trump won the popular vote this time. He won that popular vote with a plurality not a majority and the margin of victory was a whopping 1.5%. The entire general election played out in 7 swing states and votes cast were down from 2020 in most other states, so even if the Electoral College vote aligned with the popular vote this time, it nonetheless still played a hugely influential role in where and how the campaign played out. Opinions may differ, but I would also argue that there were oligarchic thumbs on the scale this cycle that were perverting as well.
I get that I am likely projecting my own desire to believe that the US isn’t a lawless, misogynist, racist shithole country, but I think it requires a lot of willful obliviousness to take these results then decide that the outcome confers the Consent of the Governed necessary to democracy on Trump’s second administration. I’m with @Jen when she says it’s time to let the American public touch the hot stove, but I don’t think that warrants dropping the hot stove on a whole swath of the governed who stood against Trumpism. Them’s is most certainly not the breaks in a democracy, especially not a democracy that is really a republic (as the anti-majoritarians like to say.)
Second, and I believe this can’t be overstated, Donald Trump is a uniquely horrible politician and that doing things to thwart him is an unalloyed good. Strong, noble leaders stand against the evil agitator provoking an unruly mob. Actions designed to take powers away from his opposite-party successor is right and good when that successor is uniquely horrible, even if (or maybe especially if) that politician is popular. Trump was impeached twice, he has been convicted of multiple felonies, he has been adjudicated to be a sexual predator, he is shameless and mendacious to a degree unprecedented in US history, and he sicced a mob on the US Capitol on J6. The fact that Trump narrowly won the popular vote doesn’t absolve him of any of that. He must be thwarted for the sake of the Governed (whether they know it or not.)
Your point is well-argued and comes from principles. However, I can’t get outraged by this for the simple historical fact that controversial mass pardons have occurred with every outgoing administration in my lifetime. This isn’t some outlier, it’s longstanding normal Presidential behavior.
As I noted yesterday, I find the Hunter Biden pardon much more problematic from a norms and process standpoint, not only because of the nepotism, but also it’s sweeping nature of pardoning all committed and uncommitted crimes over a very long time period. Although reporting seems to have died down, there was talk of Biden considering similar mass “preventative” pardons of uncommitted crimes – should that occur, I’d be with you 100% on it.
There is also the lame duck Senate which will spend its last days approving Biden judges – I find your arguments fit that scenario much better than a relative handful of pardons considering most of those judges will have lifetime appointments, but that is also historically normal behavior.
@Scott F.:
Is the US racist and misogynistic? Sure. But humanity is racist and misogynistic. All animals are, and humans are animals. This idea that the US is uniquely racist, or that Westerners or white people in general are irredeemable just doesn’t square with what is happening in the rest of the world. Worse than that, it is a form of exceptionalism (Only the US matters! Only Westerners/Chirstians can be judged! Only white people have agency!) that excuses mankind in general from doing the work we need to advance towards our ideals. After all, if the problem is that Americans are uniquely evil, what is there to be done other than wipe out Americans? And then the world will be a better place! After all, didn’t all the people living in the Americas before the Europeans showed up live in perfect harmony with nature, peaceful and free? (No, not even remotely close.) Didn’t Africans, Asians, South Pacific people respect each others territory and personhood? (Again, not even remotely.)
Fourfold argument. In the greater scheme of things, this is trivia. As I mentioned yesterday, Trump used his lame duck period to attempt to overturn the election. As @Andy: points out, this lies well within past norms. Why pick this hill?
@MarkedMan: “This idea that the US is uniquely racist,”
I’d suggest that anyone who believes that the US is uniquely racist spend a couple of months in China.
Not excusing us by any means, but we sure aren’t alone. We all hate various other groups of people; we (fortunately) just don’t all agree on whom to hate.
To be clear: I think that the emphasis on whether Trump won “soundly” or that it is was a “referendum” on Biden is largely irrelevant to the discussion.
As noted, the actions were constitutional, but I agree that the lame duck period is a general problem, and that is a long-standing view. And I agree that shielding decisions from any serious democratic accountability basically on purpose is a bug in the system.
But I am just saying all that would be true if Trump had lost the popular vote and won the EC or he he had won by 10 points.
Likewise, if Harris had won the same problems with the lame duck period apply.
@MarkedMan:
It’s probably my poor writing, but you’ve missed my point entirely.
I’m not arguing that America is uniquely anything – good or bad. I’m stating that I don’t believe that a narrow election victory makes the United States in 2024 a Trumpist nation such that the We the People writ large have given our consent to whatever Trump and his party should choose to do. That said, I do think that Trumpism is uniquely lawless, racist, and misogynistic ergo I don’t want America associated with what he stands for.
@Barry:
Can I note, since this isn’t my post but because it is sort of a pet peeve of mine, that it is kind of annoying (actually, very annoying) to be told what we should and shouldn’t write about? The very nature of this medium is reaction to the news and expression of what we are thinking about at the moment.
There is a very strong argument that waiting and contemplating would be the better approach to waiting and contemplating before writing. However, there wouldn’t be a blog with daily content if we did that.
Not to engage in too much admonition but you can see my point, yes?
@Andy:
Speaking for myself (and I think that James would agree), I am not outraged by this.
For me, it does raise real questions about the manner and timing of the application of these powers. The period between the election and (especially) the swearing-in of the new Congress and then until inauguration day does create a zone wherein democratic accountability is lessened, if not eliminated in the case of a lame-duck president. This does raise legitimate questions about power. I think a lot of folks are willing to dismiss because it is their guy making decisions they like (and would be far more upset if it was Trump doing things they don’t like).
Given how much we all have, rightly in my mind, concerns about the health and operation of American democracy, this seems to me to be a legitimate discussion.
The more we are willing to say that democratic erosion (or just flaws in the system) are okay when we like the outcome, the less it matters when we make those claims when we don’t like the outcomes.
@Beth:
While that’s not quite how I’d put it, this is the direction my understanding of our government is evolving. The founders did create a system where the government–and consequently the governors–is a law unto itself/themselves. And they didn’t intend for any upstart crackers or would be professor-pundits to be second guessing them either.
BTW: at the end of the day, I am glad he issued these commutations, agree that it fits into long-standing practices, but also think that that it is problematic that so much governing takes place during a period of time wherein those who are making decisions (both the Congress and the President) are shielded from democratic accountability.
Keeping in mind, of course, that I think our system already has a broken feedback loop in terms of such accountability, making this far from the greatest problem that our system has.
@Andy: If we’re going to need to start pardoning people for uncommitted crimes we’re well into Bizarro World. Just sayin’.
@wr: Spend enough time anywhere and the “outsider” syndrome comes out. I have heard things come casually out of the mouths of Chinese, Japanese, Ghanaians, Germans, Venezuelans, etc that would elicit gasps in most places in the United States.
The very concept that it is not acceptable to kill the “other” and take their stuff is a learned one. Until after WWI, the “Right of Conquest” was recognized pretty much everywhere on earth. Up to then a country was entitled to all the “territorial integrity” they could defend with blood and treasure and no more. And it was the Western World that advanced that concept of territorial integrity.
@Scott F.: Thanks for clarifying.
@Steven L. Taylor: I think “give it a rest” has rhetorical standing as an expression of fatigue about a point that is understood but has been overstated, that exceeds its literal connotation of “being told what we should and shouldn’t write about.” We are free to disagree on this point. All of us. Even Barry.
@Steven L. Taylor:
Speaking for myself, I questioned the use of the pardon power when “my guy” Clinton decided to use it as he did as a lame duck in 2000. I’ll grant that I didn’t like who Clinton chose to pardon while I approve of what Biden has done.
It just may be that Transition Period 2024 is a terrible case study for a treatise on the application of power by a lame duck. A debate on the finer points of political science seems a mite esoteric when the election itself was sui generis.
@just nutha:
Did I say otherwise?
@Jen:
As noted in the OP, I don’t object to politicians acting against popular opinion. I object to them doing so when they can’t be held accountable for doing so.
@Andy: We agree that outgoing Presidents often issue pardons they wouldn’t have otherwise. I just think it’s a horrible practice. And I do think it’s worse when he’s doing it precisely because the winner of the election has promised to execute them.
Steven, your point is taken.
Andy, Hunter Biden has been quite deliberately politically persecuted, and Trump’s people were promising more. Note that the pardon came down the day after Patel was announced, who have promised to persecute Trump’s political enemies. Also note that the same people who’ve gone after Hunter had no problem trying to keep Gaetz’ crimes secret.
To all (Steven, James and Andy) please note that we are in really, really bad times here. The president-elect tried to overthrow the government to stay in office, SCOTUS is protecting him, and he, his staff and the entire right-wing media are openly in factor of political retribution for trying to punish Trump’s crimes. If you invoke norms on Biden, then to be fair you must equally invoke those norms against Trump and the GOP.
@Steven L. Taylor: Should I assume that your question, in finessing the main content/context of my comment, represents anything beyond an attempt at “gotcha” snark?
@MarkedMan:
This. The fault in a democracy always lies with the voters. As Republicans used to believe before ‘grab ’em by the pussy,’ character matters. The voters are supposed to assess character. The voters failed in their duty, Biden is still performing his.
@MarkedMan:
It’s more complicated than this. I wish Americans who believe this kind of thing could live in the US as black, then live in Europe or South America as black. They would better understand the complications.
I also wish I could afford to send all black Americans abroad for a year. Those who think blacks complain too much about racism now would find themselves dealing with a full-blown revolution.
It is no coincidence the Civil Rights Movement exploded after WW2:
Americans are pretty aware of our unique strengths, but many of us are totally unaware of how awful we are in others. Especially in areas where our awfulness is deeply ingrained in our psyches as to be subconscious. Our complicated racial microagressions are just one such area.
You guys seem to be arguing that anything Trump wants to do represents the will of the voters. I live in PA and was subjected to almost non-stop campaign ads. I also spend too much time online reading a lot of politics and economics (and health care). I vaguely recall this issue being mentioned once and it was more a Trump rant than a policy proposal. I never saw this even talked about in any campaign ads or literature. Given the large number of topics on which Trump rants and how often he changes positions based upon whom he has most recently talked with or whatever Fox show he just watched, just as a practicality of day to day management of government (life in general) I think one would have to ignore anything other than actually identifiable and consistent policy positions he has taken.
I think there is also the chump factor at work here. The norm is that presidents pardon and commute a lot of sentences at the end of their term. To uniquely not do what is both legal and the norm is just making you a chump.
Andy- Not clear to me why pardoning Hunter is worse than pardoning murderers or politicians who committed major crimes. It was a politically motivated prosecution. That kind of gun charge is rarely used and probably 20% of the country uses drugs of some sort and owns a gun. That was bogus. I haven’t followed the details of the tax case enough to know if prison time is the norm or if the amount involved would ordinarily net prison time. I think in general we dont send enough political figures to jail so if his circumstances merited jail I am fine with that but at this point he has been investigated for many years. It’s pretty clear that he is being used to attack Joe and we know that Trump has emphasized getting revenge. We know that Trump is a strong practitioner of SLAP suits so I cant blame Joe for what he did.
Steve
James, “The People” elected Joe Biden president. By a bigger margin than they did Donald Trump. Let him president, and enjoy the Christmas season!
I hope you’ll be as eager to hold Donald Trump accountable during the next four yeats!
Merry Christmas, Happy Hanukah, and Happy New Year!
President Biden enacted a legal and constitutional ruling. The issue is not the president but the constitution. If you don’t like presidents issuing pardons and commutations, then advocate to change the constitution.
@just nutha:..@Andy: If we’re going to need to start pardoning people for uncommitted crimes we’re well into Bizarro World. Just sayin’.
Haven’t we been there since President Ford pardoned Nixon in 1974?
@DK:
I appreciate I don’t experience what you experience. But my point is that there are other types of racism other than white on black. Hell, there is still slavery in certain parts of the Arab World. Look at what the Timors are subjected to! Or the Uighurs! F’ing concentration and reeducations camps! What is it like to be Muslim in India? I spent a fair amount of time in Cape Coast, Ghana and can tell you that what I believe (pure speculation) is the original fishing tribe that lived there before the Akan invaded and took over that part of West Africa were not integrated into Fante society or treated well.
We live in a country that doesn’t live up to our ideals, but those ideals don’t even exist in other places in the world. We need to do better. All to slowly, Americans have striven to apply those ideals to a wider populace and heartbreakingly, sometimes we fall back. You, personally, are often the victim of that injustice and I most certainly don’t question that. All I am questioning is whether White Americans are uniquely bigoted. It seems to me that many, many people around the world suffer horribly from bigotry. Societies comprised of all types of skin color, religious groupings and even gender, form hierarchies and punch down on the lowest castes. The Chinese believe the Uighurs are inferior and need to be civilized. The British believed my ancestors were subhuman and the potato famine was a good way to clear the island so “better” people could take their place. The Egyptians enslaved whole nations. The Aztecs tortured and butchered hundreds of thousands of the “other”. South Pacific Islanders regular raided other islands and butchered the men and took the desirable women into sexual slavery.
@MarkedMan:
I don’t think Americans are uniquely racist. However–I’ve noticed that the reasons cited for America not being able to supply something like universal healthcare amount to a unique quality in American society. And this quality also seems to equal race and diversity. More importantly, the people who think we can’t have universal healthcare because of our unique qualities are also the people who tend to think that American racism is not at all unique.
I believe that some white Americans tend to believe they are uniquely stuck in a multicultural society and that this is the central drama in American history. The white American is the victim, and it’s up to everybody else to be perfect and like MLK and a saint (after being assassinated) to fix the situation. This kinda ties into how Trump voters are the true will of America, I think
I think it’s a more interesting question to ask why Biden didn’t do this at the start of his term and again at the end. I’d say it’s because the media environment is absolutely wired for the death penalty and death/killing in general, and Biden and team didn’t want to take the hit early in his presidency. Look at the Afghanistan withdrawal, which I think most rational observers saw as long overdue, but the media completely blew out of proportion. Look at the blow up over cash bail in New York State, a place where people would languish in jail after being accused of minor crimes, but that suffering was nothing to the media, and the possibility that a tiny percentage of the accused (innocent until proven guilty) would re-offend when released was everything to them.
The media environment is wired for killing, war and over-punishment. Maybe Americans are, too.
@DK:
My brother has frequently espoused a similar idea, albeit without the implicit return…
@Cheryl Rofer:
We all have different holiday traditions that bring us joy. For James it is to indulge himself complaining about process.
(For me it is to post snarky comments that amuse me, if no one else)
@Barry:
Thanks.
In fairness, haven’t we? I mean, I feel like most of what I have written for the last 8+ years has been critiques of Trump and/or the anti-democratic turn the country has been headed in.
@just nutha: Perhaps I am missing your point.
Rather than try and rehash, let me sincerely say, “Merry Christmas” and move on.
@steve:
Speaking for myself, this is not what I am saying.
@MarkedMan:
Americans are the product of a white settler society. Such a society is going to be fundamentally racist in a way that other kinds of societies aren’t. Because racial distinctions are part of what made their society in the first place.
That doesn’t mean that Americans are uniquely bigoted, just that there is a certain kind of bigotry that is a fundamental part of the society they grew up in.
Of course, other societies have their own fundamental bigotries. But these are often different bigotries. With entirely different separations between in and out-groups.
Even so, a colonial legacy generally doesn’t help, and I question @DK‘s assertion that there is less racial discrimination in South America. Perhaps he failed to recognize some of it.
As to Europe, I think they’re more about xenophobia than racism (even though these often overlap). But that is a whole other discussion.
Perhaps the more important thing is that it’s not really (or should be) about Americans (or any other group), but rather about the original sins of their respective societies.
@Michael Reynolds: “This. The fault in a democracy always lies with the voters. As Republicans used to believe before ‘grab ’em by the pussy,’ character matters. The voters are supposed to assess character. The voters failed in their duty, Biden is still performing his.”
The problem is that the entire media system, from Russian propaganda through neonazis through MAGA and into 90% of the ‘liberal’ media supports Trump, will lie for Trump, will ‘1984’ history and will sanewash Trump.
@Cheryl Rofer: “I hope you’ll be as eager to hold Donald Trump accountable during the next four yeats!”
And that means strongly criticizing Biden-level ‘violations’. Which means the appropriate volume, frequency and vitriol for Trump level actions.
Tennessee has a similar lengthy period between the election in November and the Governor’s inauguration in January of the following year. In 1975 the Governor became involved in what became known as the “Pardons for pay” scandal. The F.B.I. received information that the outgoing Governor was issuing pardons in exchange for pay. The U.S. Attorney met with the Lt. Governor and the Speaker of the House, and it was decided to swear in the new Governor early. A private ceremony was held and the new Governor, Lamar Alexander, issued an order attempting to revoke the Pardons.
Many of the recipients were, at that time already on the street. Some like the man who was to become my client had not yet been released. His pardon had been signed, the Great Seal was affixed and the pardon had been filed with the Secretary of State. He was at the last door of the prison, a few feet and seconds from freedom when the order came down revoking his pardon, and he was returned to his cell.
I filed a petition for habeas corpus claiming he was being unlawfully detained. In my brief I cited Marbury vs. Madison, arguing that what the Governor had done in accordance with his constitutional authority could not be undone by a later Governor. At the hearing the trial court denied my petition and ordered him to remain in prison. On appeal, however the Cout of Criminal Appeals reversed and ordered him released. The appellate court held that what the Governor had constitutionally done could not be reversed by a subsequent Governor. The Supreme Court denied cert, and my client was released.
@mistermix: “Look at the Afghanistan withdrawal, which I think most rational observers saw as long overdue, but the media completely blew out of proportion. ”
Note that the same media which howled about Afghanistan treats surrendering Ukraine to Russia as ‘meh’. The military-industrial media ‘blob’ is suspiciously… anti-anti-Putin, to appropriate a domestic political term.
Difficult post to write, especially on Christmas Eve.
I have decided to no longer follow or participate with this blog. I enjoy Dr. Taylor’s posts for the most part, but Dr. Joyner, your posts seemed to be increasingly based upon sticking your finger in the wind and deciding what stance will generate the most conversation for the day. I am learning less and less from you. It’s no different than news media click-bait.
You admit that morally you agree with many Biden’s unilateral decisions, but don’t agree with a sitting US resident being able to make such decisions once an election has taken place. Normally, I’m one to say that the ends don’t justify the means, but in this case, the means are legal and preceded by similar behavior of past presidents.
On to blogs that give me greater insight.
Best wishes to all.
@Steven L. Taylor: “In fairness, haven’t we? I mean, I feel like most of what I have written for the last 8+ years has been critiques of Trump and/or the anti-democratic turn the country has been headed in.”
You, some. James, I feel, is somebody who, while extremely well-trained, is just figuring out that *something* *might* have changed in the past decade.
My big peeve here, Steve, is that Biden did the standard end of term pardon, and unusually clean set, but people are yelling about this. Meanwhile Trump, the GOP (including the Federalist Society) and the ‘liberal’ media are all openly planning on as close to a Nazi purge as one can have in the USA (at least, to this point).
@Steven L. Taylor: “Rather than try and rehash, let me sincerely say, “Merry Christmas” and move on.”
I agree. Merry Christmas, and to all a good night!
@Michael Reynolds:
– As I have observed before, the electorate are a box of rocks. or in Hacker and Pierson’s more academic phrasing, woefully ignorant. The problem is one party has qualms about exploiting this, and the other, lacking character, revels in exploiting it.
– The voters, in their above noted wisdom, voted for a return to pre-pandemic prices, mass deportation (but not of anybody they like), middle/working class prosperity, and an end to Bidenomics, which was working very well for them. Ain’t bloody likely they’ll get more then lip service and kabuki toward any but that last.
– In Democracy for Realists Achen and Bartels show voters do not get what they want (except well heeled voters, whether supported by a majority or not). Even retroactive punishment voting, which is what James thinks Biden should be subject to, doesn’t work (because they end up punishing the wrong things).
– What does work is organized voters, the Federalist Society, Americans for Prosperity (sic), and “Criminal justice advocates (who) have been pushing Biden to take action on this issue”. So it may not be working the way the we think the Constitution says, or the way we think it ought. But it’s working the way it always has. Again, one may argue against lame duck actions, but this seems just about the worst example to use.
ETA – re @Barry: Merry Christmas and a Happy New Year.
@MarkedMan:
Hence why my comment started started with “It’s more complicated than this.” The truth is, yes, America is quite exceptional in certain ways, but also very racist in other ways that are unique to American culture, history, and population — and that some can escape in other countries.
That other nations are uniquely racist in ways unique to their own cultures, history, and population should not cause Americans to deflect from our own problems by pointing fingers elsewhere. Looking at what the Timors are subjected to where they live doesn’t erase the microgressions black Americans face where they live.
And it’s not just my experience. Black American creatives have been decamping for respite in other places for over a century. The Harlem Renaissance intellectuals had it much worse, but the reasons are the same.
@Cheryl Rofer:
Thing I like about Biden is he will keep presidenting whether detractors like it or not.
I don’t buy the notion that support of him doing so represents democratic backsliding or hypocrisy. Lame duck presidents have often been criticized for this or that, but the idea that it’s an egregious affront for an elected government to keep governing for its full term is novel.
I disagree. I don’t think the lame duck period overlong, and I’ve never heard Democrats making that complaint or suggesting Republican lame ducks were doing something fundamentally undemocratic by continuing to press their (legal) priorities.
@Modulo Myself:
Im not sure if this is aimed at me, but FWIW I think it is appalling that we don’t have universal healthcare. And if what you are saying is that part of that reason is racists don’t want “tha urbans” to get something at their expense, I agree entirely.
@drj:
I think he meant that anti-black racism was different/less. He didn’t say anything about racism against indigenous people. But I should let him speak for himself.
@Barry:
It goes beyond the “behavioral learning” process. The GOP has a massive amount of money, media, and other resources at their disposal with which to drown out any recriminations.
Democrats aren’t operating at the same level of financial strategy. For Republicans, the interlocking cash flows are foundation to everything.
@Mister Bluster: No complaint from me, but I think there’s a difference between crimes “he may have committed” and “uncommitted crimes.” Given that we are on Bizarro World, though…
@Steven L. Taylor: And a happy holiday season to you, too.
@Barry:
Sorry, but neither Dr. Joyner’s voice, nor his medium are capable of meeting the volume, frequency, or vitriol of “Trump level actions.” This is, yet another, situation where I simply sigh and move on realizing that by voting Democratic, he accomplished something I’ve never been able to bring myself to do. He may well be a remarkable Republican, but he is still Republican at heart. He’s never going to be even handed enough to suit partisans on the other side.
@DK:
It’s not a 1:1 comparison at all, but the experience of my transition gives me an, let’s say, unpleasant insight into this. To have a level of privilege in your hands and then have it taken away is eye opening. Or at least it makes it way more difficult to ignore. The White trans community in the U.S. has a racism problem it doesn’t like to admit to.
With honest love and respect, I don’t think that Dr. Joyner, Marked Man, or Daddy Reynolds could handle that sort of thing for various reasons. Being a White Man in the U.S. is intoxicating and the privileges are vast. I think Dr. Taylor could, but he’s be a full on revolutionary in 6 months.
That would be amazing on so many levels.
I don’t think the U.S. is uniquely racist, but I do think it is unique in the way we lie about it. The whole place is an edifice of the highest, best, beautiful ideals with the worst and basest lies used as mortar. And waaaaaay too much lead paint and asbestos.
@Just nutha ignint cracker:
I’d rather deal with 100 Dr. Joyners who are hard and inflexible, but listen and change (even if grudgingly) than 100 randos while will say whatever they think they need to to fit in.
I’m sure he rolls his eyes at a lot of my nonsense, or the rest of our nonsense, but I know he listens.
@Just nutha ignint cracker:..“he may have committed” and “uncommitted crimes.”
When someone says “yada yada may have done xyz.” I often take that to mean “yada yada may or may not have done xyz.”
Of course in this case President Ford would be in a better position to know about Nixon’s behavior than I would.
@Steven L. Taylor:
and to Steven, James, and all here at OTB … Merry Christmas
peace, peace of mind and good health.
@Steven L. Taylor:
From my perspective, this was not at all about “what should James write about?” but much more about “what kind of arguments should James put forward?”. A type of argument that the commentariat have repeatedly found unconvincing (at best), produced yet again in a different context… yes, James should expect this response.
Is it his blog, where he can say what he wants? Absolutely. Is he thus immune to the same old criticism? Not at all.
@Skookum:
On to places where what you think can never be wrong is what you mean.
Don’t let the door hit you in the ass on the way out.
@Skookum:
I know James Joyner quite well. I can guarantee you this is not what he is doing.
@DrDaveT:
To be clear: I am not saying don’t criticize.
I am saying it is annoying when it seems we are told we shouldn’t be writing about a given topic (allowing that I may have misread the point being made). But sometimes we are crticized not for what we wrote, but because of the topic selection. It is a pet peeve of mine.
Trump’s policy is torture and abuse.. because that’s what he said he was going to do. Biden did the right thing. This isn’t a debate.
It’s similar to everyone knowing Afghanistan had to be ended, Biden did the thing, and Republicans whined because their various corruption gravy trains were through. The problem wasn’t that the war was ended, the problem was that by doing it, Biden exposed the complete immortality and lack of purpose of being there in the first place.
Same thing with Federal death row — it’s entirely immoral, someone needs to have the IDGAF stones to do the thing of stopping it, Biden does it.. and Republicans whine only because they didn’t get to kill some more people.
As the song reminds us, freedom’s nothing more than having nothing left to lose, and President Biden has discovered his absolute freedom