The Struggle for the Soul of America: The Downfall of Donald J. Trump

Posted on January 8, 2023 by Author: Bruce Berlin

As we begin 2023, the future holds many uncertainties for Donald J. Trump. While no one knows his fate for certain, here’s how I see what’s coming for the former president and America’s number one grifter.

Donald Trump will be indicted before this coming summer. In my view, Special Counsel Jack Smith was hired by Attorney General Merrick Garland to prosecute the case against Trump, not to close it. Garland believed that putting Smith, someone outside the Justice Department, in charge of the case would make the prosecution less political. Whether that turns out to be the case remains to be seen and, in fact, may be irrelevant at this point.

Just this past week, Smith hired two seasoned attorneys who “have prosecuted some of the most high-profile public corruption targets of both political parties in recent years.”[1] Those targets included former Virginia Republican Gov. Bob McDonnell, current New Jersey Democratic Sen. Bob Menendez and former presidential candidate Democratic Sen. John Edwards.

If Smith thought that the DOJ didn’t have the evidence to indict Trump, he wouldn’t now be hiring prosecutors experienced in handling complex public corruption cases. As a former New Mexico Department of Education prosecuting attorney, I know that prosecutors do not bring charges unless they are convinced that they have the evidence needed to convict. That would be especially true in the case of a former president.

Last November two reports by veteran prosecutors and top legal experts analyzed two criminal investigations into Trump. One involved Trump’s solicitation to commit election fraud including a call to Georgia’s Secretary of State Brad Raffensperger asking him to “find” 11,780 votes. In total, that report finds at least 11 charges that could be filed against Trump resulting from his efforts in Georgia. The other report explored the mishandling of sensitive government documents at Mar-a-Lago. Both reports concluded that “there is enough evidence to bring charges against the former president.”[2]

As a result, I believe Trump will be tried and convicted by the end of this year. His trial cannot be allowed to cloud the 2024 presidential primary season.

It’s difficult to predict the sentence Trump will receive for his crimes. A friend of mine recently suggested Trump would be placed under house arrest but would not have to serve any jail time. That would be letting Trump off way too easy for attempting to overthrow our government. I don’t believe a federal judge would be so lenient for such appalling crimes, especially by a former president. At the least, Trump will receive a multi-year suspended sentence, which would put him on strict probation, though I feel he should spend the rest of his life behind bars.

Whatever the sentence, Trump is sure to appeal. Ultimately, his fate will lie in the hands of the Supreme Court, ironically including the three justices he appointed to the Court. I’m thinking that at least five justices will have the decency and integrity to uphold his conviction and sentence.

Finally, there’s Trump’s 2024 presidential campaign. Assuming he is convicted, Trump’s sentence must include invoking the 14^th Amendment provision preventing any person from ever again holding public office who having previously “taken an oath…as an officer of the United States… to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof.”[3]

On the other hand, if Trump somehow avoids prosecution or is found not guilty, he still will not be elected president in 2024. The results of the 2020 and 2022 elections clearly demonstrated that Trump and his handpicked candidates are losers. The Republican Party hates losers. Trump’s base is shrinking[4] and will continue to do so as more and more evidence of his misdeeds are revealed to the public during his likely unprecedented nationally televised trial.

In any event, Trump’s days are numbered.

Bruce Berlin, J.D.

P.S. I want to take this opportunity to again thank my partner, Margaret Lubalin, for another year of suburb editing of my blog. She’s the best.

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.bloomberg.com/news/articles/2023-01-06/special-counsel-jack-smith-hires-anti-corruption-prosecutors-in-trump-probe

[2] https://thehill.com/regulation/national-security/3742386-for-experts-the-evidence-in-two-probes-compels-charging-trump/

[3] https://www.businessinsider.com/how-the-14th-amendment-could-prevent-trump-from-office-2021-2

[4] https://www.usatoday.com/story/news/politics/2022/12/13/trump-support-gop-2024-presidential-race-poll/10882346002/

The Struggle for the Soul of America: The Historic 2022 Midterm Elections

Posted on November 12, 2022 by Author: Bruce Berlin

The predicted Red Wave of 2022 never reached the shore. While all the votes have not yet been counted four days after the election, it looks like the Republicans will eke out a slim majority in the House. Unbelievably, though, with about 30 races still undetermined, there is still a possibility that the Democrats could actually hold onto their House majority.[1]

On the Senate side, the odds of the Democrats maintaining control are much more in their favor. With two races still undecided, the blue team needs to win just one of them. The Nevada senate contest is tightening, and which party will prevail is anyone’s guess.[2] If Sen. Catherine Cortez Masto (D-Nev.) pulls out a victory there, then the Democrats will have held onto their tiny majority. If she does not, then all eyes will be on the Georgia senate runoff on December 6^th. And I cannot believe that Georgia voters would elect the incompetent Republican Herschel Walker over the much worthier Democratic Sen. Raphael Warnock.[3]

Overall, however, the real winner in this year’s midterm election was the democratic process. Voters turned out in near record numbers because they understood that our democracy as well as a woman’s right to choose was on the ballot. It was the second highest turnout for a midterm since 1970.[4] A recent poll found that the future of democracy was very important to 80% of Democrats and 70% of Republicans in their voting decisions.[5]

At the same time, the “loser-in-chief” in this election was Donald Trump. Many Republicans are blaming him for the party’s poor results.[6] Even the conservative Wall Street Journal denounced Trump, calling him the Republican Party’s “biggest loser.”[7] In a number of high-profile races, the candidates he endorsed lost, most notably in Arizona, Maryland, New Hampshire, Pennsylvania, Virginia and quite possibly in Georgia and Nevada as well.[8]

But Trump’s losses Tuesday night will have even bigger consequences as he prepares to run for president in 2024. Already at least one Republican megadonor stated he won’t support Trump’s pending run for the presidential nomination.[9] Some Republican officeholders are also suggesting Trump shouldn’t be their presidential nominee.[10]

The right-leaning New York Post said it best on the cover of its Thursday edition:

“Don (who couldn’t build a wall) had a great fall — can all the GOP’s men put the party back together again?” The large cover text read: “Trumpty Dumpty.”[11]

See: https://nypost.com/cover/november-10-2022/

Yet, Trump’s biggest loss is still to come. As I predicted in my October 15th blog, “Donald J. Trump will be indicted before the spring of next year.”[12] When that happens, he will be fighting for his freedom more than for the 2024 Republican nomination. Many Republicans will see him as unelectable. His dream of returning triumphantly to the White House will be shattered. And, finally, America will be rid of this despicable egomaniac.

Bruce Berlin

A retired, public sector ethics attorney, Berlin is the author of Breaking Big Money’s Grip on America (See breakingbigmoneysgrip.com.), the founder of New Mexicans for Money Out of Politics, a former U.S. Institute of Peace fellow, and the founder and former executive director of The Trinity Forum for International Security and Conflict Resolution. He can be reached at breakingbigmoneysgrip@gmail.com.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.vox.com/policy-and-politics/2022/11/10/23451445/house-election-results-democrats-majority

[2] https://thehill.com/homenews/3730786-cortez-masto-draws-closer-to-laxalt-in-nevada-senate-race/

[3] https://fivethirtyeight.com/features/runoffs-are-sort-of-georgias-thing-now/

[4] https://www.washingtonpost.com/politics/interactive/2022/voter-turnout-2022-by-state/

[5] https://www.pewresearch.org/fact-tank/2022/11/03/key-facts-about-u-s-voter-priorities-ahead-of-the-2022-midterm-elections/

[6] https://www.usatoday.com/story/news/politics/elections/2022/11/11/election-results-live-updates/10662035002/

[7] https://www.wsj.com/articles/donald-trump-is-the-gops-biggest-loser-midterm-elections-senate-house-congress-republicans-11668034869

[8] https://www.politico.com/news/2022/11/09/trump-endorsed-candidates-2022-election-results

[9] https://news.yahoo.com/billionaire-gop-donor-ken-griffin-073015070.html

[10] https://www.nytimes.com/2022/11/09/us/politics/trump-republicans-midterms.html

[11] https://nypost.com/cover/november-10-2022/

[12] https://breakingbigmoneysgrip.com/my-blog/

The Struggle for the Soul of America: Democrats Must Strengthen Their Closing Argument to Win the November Elections

Posted on October 23, 2022 by Author: Bruce Berlin

We are in the home stretch of the November 8 mid-term elections. While Republican campaigns are keying in on inflation, the economy and rising crime rates, the Democrats are mainly focused on the threat to abortion rights. Though those rights are very important, there are other critical issues that the Democrats need to highlight in their closing argument to win this year’s elections.

In fact, the Democrats have a clear and compelling economic message for working Americans: We are on your side and much better for your pocketbook than the Republicans.

In less than two years of the Biden administration, the unemployment rate has fallen to just 3.5%, matching the level before the COVID pandemic.[1]
Since Biden became president, over 10 million jobs have been created, “…the most new jobs during the first 20 months of any U.S. presidential administration, ever.”[2]

Sen. Bernie Sanders is right, the Democrats must take the fight over the economy to the Republicans in these final weeks of the campaign. Sanders argues:

We have more income and wealth inequality than at any time in the modern history of this country. Is there one Republican prepared to raise taxes on billionaires, or do they want to make a bad situation worse by extending Trump’s tax breaks for the rich and repealing the estate tax?
Today, 60% of Americans are living paycheck to paycheck, and millions work for starvation wages. Is there one Republican in Congress who is prepared to raise the federal minimum wage to at least $15 an hour?
Corporations are charging Americans outrageously high prices, while enjoying record breaking profits. Republicans talk a lot about inflation. But what are they going to do about it? Does one of them have the courage to consider a windfall, profits tax? Absolutely not.[3]

To make matters even worse, House Minority Leader Kevin McCarthy (R-Calif.) is calling for cutting Social Security and Medicare benefits if the Republicans win control of Congress in next month’s election.[4] This should frighten all seniors and motivate them to get to the polls and vote Blue. Democrats need to make sure that all senior citizens are fully aware that their critical entitlements are endangered if the GOP wins the election.

At the same time, Republicans are indicating they want to make the 2017 Trump tax cuts permanent if they retake Congress. You may remember that these cuts “resulted in a massive windfall for large corporations and the wealthy.”[5] Once again, Republicans aim to make the rich richer at the expense of seniors on fixed incomes and middle- and working- class Americans.

Actually, it’s the Democrats that are the party of fiscal responsibility, not the Republicans. In the just completed 2022 fiscal year, the Biden administration oversaw the largest one-year decline in the federal deficit in American history.[6]

Meanwhile, the national debt rose “by almost $7.8 trillion during Trump’s time in office. That’s nearly twice as much as what Americans owe on student loans, car loans, credit cards and every other type of debt other than mortgages, combined…”[7]

Democrats must underscore that GOP tax cuts, including a sharp reduction in the corporate tax rate to 21% from 35%,[8] boost inflation just like the increased spending Republicans oppose.[9] While Republicans blame Democrats for inflation despite the fact it’s a global phenomenon and not the result of Biden’s policies,[10] they are fine with increasing inflation when it benefits their wealthy contributors.

Then there’s the issue of rising crime. Republicans have a much worse record on deadly crime than Democrats. A March 2022 report found:

In 2020, per capita murder rates were 40% higher in states won by Donald Trump than those won by Joe Biden.
8 of the 10 states with the highest murder rates in 2020 voted for the Republican presidential nominee in every election this century.[11]

And, finally, voting rights. A report by the Brookings Institute found that laws restricting the right to vote have largely passed in Republican states and laws expanding voting rights passed in Democratic states.[12] Again, the Democrats are on the side of the American voter and need to proclaim that they are the party that will protect voting rights and save our democracy.

Unfortunately, Republicans are much better at messaging than Democrats as they twist the truth. It’s up to all of us to help clarify what they are really about and who is truly on the side of the American people in these last weeks before election day. It’s not too late, but we must act now!

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.npr.org/2022/08/05/1116036160/the-unemployment-rate-fell-to-3-5-matching-its-lowest-level-in-the-last-50-years

[2] https://finance.yahoo.com/news/for-biden-10-million-new-jobs-isnt-good-enough-182825191.html

[3] https://www.theguardian.com/us-news/commentisfree/2022/oct/10/democrats-midterms-victory-economy-bernie-sanders

[4] https://www.washingtonpost.com/politics/2022/10/18/mccarthy-gop-medicare-social-security/

[5] https://www.commondreams.org/news/2022/10/17/if-they-retake-congress-gop-plan-make-trump-tax-cuts-rich-permanent

[6] https://www.yahoo.com/news/biden-touts-federal-deficit-largest-170103774.html

[7] https://www.propublica.org/article/national-debt-trump

[8] https://www.propublica.org/article/national-debt-trump

[9] https://www.commondreams.org/news/2022/10/17/if-they-retake-congress-gop-plan-make-trump-tax-cuts-rich-permanent

[10] https://www.epi.org/blog/rising-inflation-is-a-global-problem-u-s-policy-choices-are-not-to-blame/

[11] https://www.thirdway.org/report/the-red-state-murder-problem

[12] https://www.brookings.edu/blog/fixgov/2021/10/26/voter-suppression-or-voter-expansion-whats-happening-and-does-it-matter/

The Struggle for the Soul of America: Trump Indictment Coming Soon Because No One Is Above the Law

Posted on October 15, 2022 by Author: Bruce Berlin

Donald J. Trump will be indicted before the spring of next year. Many of us, of course, believe he should already have been indicted and put on trial. But Attorney General Merrick Garland is a very deliberate man. He was not about to push for indicting Trump before the midterms and consequently be accused of playing politics with the indictment, not that he won’t get that pushback whenever an indictment does come.

Garland has made it very clear that he stands by the basic American principle that “no one is above the law.”[1] In the House Select Committee to Investigate the January 6^th Attack on the U.S. Capitol’s final public hearing this past Thursday, the Committee laid out a compelling case that Trump broke several federal laws.[2] Those include conspiracy to defraud the government, obstruction of justice and inciting a rebellion.[3] Now it is up to Garland and the Justice Department to act.

While a federal grand jury has been investigating allegations against Trump for many months, just recently the Department “issued over 30 more subpoenas to people within Trump’s orbit to appear before the federal grand jury.”[4] Then, on Thursday, the same day as the House Select Committee summed up its case against Trump, Chief U.S. District Judge Beryl A. Howell denied Trump’s claim of executive privilege, requiring that former Vice President Pence‘s chief of staff Marc Short testify before the grand jury.[5]

Judge Howell ruled that Short probably possessed information important to the Justice Department’s criminal investigation of the Jan. 6, 2021, attack on the Capitol that was not available from other sources.[6] Howell’s decision opens the door for the testimony of the recipients of those 30 subpoenas, many of whom, if not all, would be claiming executive privilege if not for Howell’s ruling. Their testimony will likely give the DOJ a good deal more evidence to bolster its already strong case against Trump.

Still, the DOJ has to wrap up its inquiry and bring whatever formal charges it can against Trump sooner rather than later. The Department must realize that it’s window of opportunity is time limited. Once the 2024 presidential election cycle begins in earnest later next year, Trump will use every trick he can to make a political circus out of the Department’s prosecution, not that he won’t do that whenever he is indicted. In which case, the prosecution could drag on and public opinion could turn against the Department. Thus, the DOJ must move quickly in the new year to bring charges against Trump and proceed to trial as early as possible next summer.

Garland has no other choice since no one is above the law.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.c-span.org/video/?c5024451/ag-garland-charging-president-law

[2] https://www.npr.org/2022/10/13/1125333531/jan-6-hearing-recap-takeaways-trump-subpoena

[3] https://www.businessinsider.com/jan-6-panel-trump-broke-laws-riot-2020-election-lost-2022-6

[4] https://time.com/6212677/donald-trump-investigations-explained/

[5] https://www.washingtonpost.com/dc-md-va/2022/10/14/marc-short-grand-jury-testify-pence-trump/

[6] Ibid.

The Struggle for the Soul of America: The Myth of a United States

Posted on September 17, 2022 by Author: Bruce Berlin

From the founding of the United States till today, our country has portrayed itself as united. In the Declaration of Independence, our forefathers asserted that we are “one people.”[1]

The preamble to the Constitution begins: “We, the People of the United States, in order to form a more perfect union…”[2] And, when we pledge allegiance to the flag, we say: “”I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.”[3]

But, from the birth of our nation over 240 years ago until today, the truth is our country has rarely been united. From the very beginning, we had slave states and free states forbidding slavery. Back then as is still true now, we had the property-owning class, or capitalists, overseeing the working class.

After slavery was abolished during the Civil War, we still had the segregationist South, in conflict with the North, which generally favored integration. And, of course, we now have the blue states strongly disagreeing with the red states over abortion rights, immigration, voting rights and other major issues.

I believe World War II was the last time our country was truly united. What brought us together was a common enemy, the Axis powers (Germany, Italy and Japan), which threatened the freedom of all Americans. Yes, 9/11 brought us together as well, but it didn’t take long before we were once again at odds over the Iraq War.[4]

Since the Vietnam War in the 1960s, our nation has become more and more divided. Today we are almost as deeply split as we were during the Civil War. In fact, some are predicting that the United States is on the verge of a second Civil War.

What separates us now strikes at the very foundation of our nation. While many Americans are fighting to maintain the democratic principles upon which the country was established, others wish to turn the United States into an autocracy, ruled by Donald Trump and his white supremacist, MAGA followers.

And they appear to be willing to do whatever it takes to make that happen. Be it storming the Capitol, suppressing the vote, rigging the elections, stacking the Supreme Court, or whatever else they can fabricate.

We are the only ones who stand in their way. It is up to all of us who still believe in democracy to make sure they fail. Despite what you may think of President Biden and the Democrats, they are our only hope of preserving some semblance of democracy in America.

In fact, in recent weeks the Democrats have demonstrated that they just might be up to this awesome responsibility. They passed the Inflation Reduction Act making the system somewhat fairer for we, the people, including lowering a number of prescription drug prices and imposing a 15 percent minimum tax on large corporations, while every Senate Republican opposed the bill.[5] In addition, they enacted the most notable gun safety legislation in decades[6] and a bill to assist ailing veterans.[7] And, in just the last few days, Biden stepped in to support rail workers and avert a strike that would have further increased inflation and devastated our economy.[8]

Despite right-wing opposition, the Democrats are employing the mechanisms of government to help Americans and move our country forward. With less than eight weeks left until the elections, we must do whatever we can to assure that the Democrats prevail in November.

We must go the extra mile, make many phone calls, write postcards (Go to https://www.turnoutpac.org/postcards/), knock on doors, send donations. The future of democracy depends on what we all do to get out the vote and make sure that our nation does not succumb to the election deniers and far right conspiracy extremists. If ever your country needed you to stand up and get involved, it is now!

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.ushistory.org/documents/declaration.htm

[2] https://billofrightsinstitute.org/primary-sources/constitution?gclid=Cj0KCQjwvZCZBhCiARIsAPXbajtkXDb1iDTs6XOZWdFvpQarisNuvZktlvFd9MJuAYVnXr5kc50qtlcaAvEoEALw_wcB

[3] https://www.ushistory.org/documents/pledge.htm

[4] https://www.brookings.edu/articles/rally-round-the-flag-opinion-in-the-united-states-before-and-after-the-iraq-war/

[5] https://www.politico.com/news/2022/08/07/democrats-senate-reconciliation-votearama-00050222

[6] https://www.cnn.com/2022/06/23/politics/senate-bipartisan-gun-bill/index.html

[7] https://www.npr.org/2022/08/02/1115325176/pact-act-veterans-burn-pits-toxins-passes-senate

[8] https://www.nbcnews.com/news/us-news/biden-announces-tentative-deal-avert-us-rail-strike-rcna47850

The Struggle for the Soul of America: Trump Grapples for a Lifeboat as He Sinks Deeper into Troubled Waters

Posted on September 11, 2022 by Author: Bruce Berlin

In the last month almost all the headlines have focused on former President Trump’s mishandling and concealing classified documents belonging to the government. Until very recently, it seemed like an open and shut case. Trump knowingly took the documents that belonged to the government. When he was asked to return them, he claimed he had. But a court-ordered search of Mar-a-Lago revealed that he still had many such documents in his possession in violation of federal law.

To no one’s surprise, Trump devised a scheme to delay the DOJ’s prosecution of this case. He got one of his hand-picked judges, U.S. District Judge Aileen M. Cannon, to order that a special master examinethe seized documents, telling prosecutors they cannot use the material until it is reviewed.[1] While legal experts believe the judge had no legal support for her ruling[2] and the Justice Department immediately appealed Cannon’s decision,[3] it is an open question as to the extent Trump’s maneuver will hamper the wheels of justice.

Though many are dismayed by his latest ploy, Trump is still in a heap of trouble. Former high ranking Justice Department lawyer Peter Keisler noted, “If the department concludes that the former president or others in his circle intentionally sought to deceive the government in order to obstruct its investigation, that would significantly elevate the seriousness of this already very serious matter.”[4]

From what we now know, it sure looks like Trump intentionally sought to deceive the government and obstruct justice. Nevertheless, his duplicity could unfortunately delay prosecuting him in this matter for some time.

Regardless, Trump is sinking deeper into troubled waters and his legal jeopardy will not go away. In fact, the DOJ’s continuing investigation into the January 6 insurrection and the conspiracy to have alternative electors overturn the 2020 election in a number of states will likely now receive greater scrutiny due to the delay in the concealment of government documents probe.

Former Trump White House lawyer Ty Cobb (not the baseball hall of famer) contends that the chances of Trump being indicted by the Department of Justice are “very high.” He recently explained that Trump’s “interfering with Pence…trying to persuade him in a very aggressive effort not to certify the election, and to send certain electors back, I think that was criminal.”[5] He believes Trump’s most serious legal problems are due to the obstructive activity he took in connection with the Jan. 6 proceeding…and the attempts to interfere in the election count in Georgia, Arizona, Pennsylvania and perhaps Michigan.”[6]

Still, there will be no resolution of any of this until after November’s election. Neither the DOJ nor the states’ prosecutors will want any hint that their actions are politically motivated. Yet Trump’s obsession with being in the limelight will clearly color this year’s elections as well as those in 2024. Sink or swim, Trump just can’t help himself.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.washingtonpost.com/national-security/2022/09/08/justice-appeals-trump-documents-special-master/

[2] https://truthout.org/articles/trump-appointed-judge-rejects-amicus-brief-in-bizarre-move-critics-say/

[3] https://www.washingtonpost.com/national-security/2022/09/08/justice-appeals-trump-documents-special-master/

[4] https://www.washingtonpost.com/opinions/2022/09/01/republican-lawyers-trump-documents/

[5] https://www.cnbc.com/2022/09/09/ty-cobb-former-trump-white-house-lawyer-says-he-violated-constitution.html

[6] Ibid.

The Struggle for the Soul of America: Can Democrats Pull an Upset in this November’s Mid-term Elections?

Posted on August 8, 2022 by Author: Bruce Berlin

(Note: I am taking a break. This is my last blog until after Labor Day. Back at you then.)

History tells us that the odds of the party occupying the White House winning the mid-term elections are pretty slim. “Since the end of World War II, the president’s party has lost House seats in all but two midterms: 2002 and 1998…”[1]

Until June 24^th when the Supreme Court overruled Roe v. Wade’s right to abortion,[2] it appeared the conventional wisdom would prevail, and a Republican red-wave tsunami was gathering steam. In the last six weeks, however, the tide has turned purple, if not downright blue.

So much is now going the Democrats’ way, it’s hard to believe. No one thought that red state Kansas would support abortion rights by 18 percentage points.[3] Nor did most people think that Sens. Manchin and Sinema would sign on to the Democrats’ climate, health care and tax legislation,[4] assuring its passage in the next week or so.[5] The renamed Inflation Reduction Act will bring the country close to its emission reduction goals of cutting carbon emissions by roughly 40% by 2030. It will also lower drug prices by permitting Medicare to negotiate prescription drug prices and extend the Affordable Care Act for three more years.[6]

In addition, here’s what else has recently boosted the Democrats’ chances in November:

Hiring surged in July with 528,000 new jobs indicating the economy is improving.
Last week a U.S. drone strike (with no collateral damage) killed Al-Qaeda’s leader Ayman Al-Zawahiri, who was largely responsible for the 9/11 terrorist attack.
The PACT Act passed with full Dem support, providing aid to veterans exposed to toxic burn pits while serving their country, after Republicans were forced to drop their opposition.
Gas prices declined for the seventh straight week helping to ease the fear of rising inflation.[7]
The Dems passed the CHIPS Act with some Republicans support (See my blog, Manchin and Schumer to McConnell and the Republicans, “Gotcha!” at https://breakingbigmoneysgrip.com/my-blog/) to bolster the domestic semiconductor industry.

Nevertheless, the elections are still three months away. While the Democrats now have a much stronger record to run on then they did just a couple of months ago, they will need an enthusiastic voter turnout, like the one in the recent Kansas primary affirming abortion rights, to upset the GOP and hold onto their Congressional majorities.

What was just a pipedream not long ago is now a realistic goal. With much of the Republican Party seeking permanent one-party rule,[8] the Democrats are finally giving voters good reason to stick with them by demonstrating that they can produce concrete results for the American people. Though it’s far short of the progressive ideal and not everything President Biden promised during the 2020 campaign, he and his party have made significant progress in the face of stiff Republican opposition. Just think what they could do if, we, the voters gave them greater majorities to work with in November. One can only hope. All of us working together to get out the vote can turn hope into reality this fall.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://fivethirtyeight.com/features/why-the-presidents-party-almost-always-has-a-bad-midterm/

[2] https://www.npr.org/2022/06/24/1102305878/supreme-court-abortion-roe-v-wade-decision-overturn

[3] https://www.nytimes.com/2022/08/02/us/kansas-abortion-rights-vote.html

[4] https://www.politico.com/news/2022/08/04/dems-agenda-energy-climate-bill-00049875

[5] https://www.nytimes.com/live/2022/08/07/us/climate-tax-deal-vote

[6] https://www.yahoo.com/news/dont-believe-trump-gop-biden-130045250.html

[7] Ibid.

[8] https://www.theguardian.com/commentisfree/2022/jan/04/trump-republican-party-democracy

The Struggle for the Soul of America: Manchin and Schumer to McConnell and the Republicans, “Gotcha!”

Posted on July 31, 2022 by Author: Bruce Berlin

Did Democrats Joe Manchin and Chuck Schumer pull a fast one on Republican Senate Minority Leader Mitch McConnell, or what?

A month ago, Sen. McConnell declared, “Let me be perfectly clear. There will be no bipartisan USICA (a $52 billion bill to support the U.S. semiconductor industry) as long as Democrats are pursuing a partisan reconciliation bill.”[1]

Two weeks later Sen. Manchin put the brakes on the Democrats’ reconciliation bill. Believing that the partisan bill was dead, McConnell and 16 of his Republican colleagues then joined with all 50 Democrats to pass the CHIPS semiconductor bill on July 27. Within hours Sens. Manchin and Schumer announced an agreement on a $740 billion reconciliation bill[2] that McConnell can’t derail.[3]

It was the kind of cunning maneuver McConnell is known for, but this time the Democrats were in the driver’s seat. McConnell has been sticking it to the Dems for way too long. Could this just be the beginning of the payback McConnell and his right-wing colleagues clearly deserve?

The Democrats are finally learning to play hardball. And, right in the nick of time. With the mid-term elections fast approaching, the Dems need to demonstrate to the voting public the stark differences between them and the GOP. Forcing Republicans to vote on popular legislation they oppose, especially if the bill ultimately fails, helps the Dems make the case that the public needs to vote more Democrats into office if they want these bills to pass.

For example, take the bill enacting the right to contraceptives. A few days ago, Senate Republicans blocked the bill,[4] despite the fact that 84% of likely Republican primary voters support safe access to contraceptives.[5] Almost all House Republicans voted against this bill as well.[6] And most of them also voted ‘no’ on a same-sex marriage bill and a couple of other popular social issues.[7]

Even more reprehensible, last week Senate Republicans rejected a bill to assist veterans suffering from exposure to toxic chemicals while on duty in Iraq and Afghanistan. Twenty-five Republican senators blocked the measure, even though they had voted in favor of it just one month earlier. Their about-face was in retaliation for being outmaneuvered by Schumer and Manchin in the CHIPS Act voting previously noted. “Getting even” with the Democrats apparently overrode their longstanding strong support for our troops. This may very well cost the GOP when America’s veterans go to the polls this fall.[8]

Meanwhile, as the Justice Department begins to zero in on Trump’s criminal culpability for the January 6^th insurrection, a bright light will also shine on his Republican Congressional enablers. McConnell and his colleagues who have failed to stand up to Trump are, in fact, accomplices to Trump’s crimes. If Senate Republicans had voted with the Democrats to convict Trump in his second impeachment trial after he had instigated the attack on the Capitol, he would have been barred from running for president again under Article I, Section 3 of the Constitution.[9]

The House Select Committee’s hearings have made it clear to millions more Americans how Trump and his party conspired to overthrow the 2020 election. All the Republican Congresspeople who voted against certifying that election and supported Trump’s Big Lie should be held accountable in my view. But that will be up to their constituents in November. The voters may yet reject those who chose overthrowing our government rather than upholding the Constitution, which they had sworn to defend.[10]

Though the polls and history suggest this is the Republicans’ year, recent events have given the Democrats renewed hope for winning the mid-term elections. In addition to all the above, abortion rights, gun control and climate change provide further Democratic momentum. And I just bought gas for under $4/gal. So, inflation may cease to be the overriding issue it has been projected to be. Then Democrats may well declare the ultimate “Gotcha” on the night of November 8^th. Wouldn’t that be something?!

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://seekingalpha.com/news/3853443-mcconnell-looks-to-block-52b-in-chips-funding-over-spending-packages

[2] https://slate.com/news-and-politics/2022/07/joe-manchin-climate-bill-inflation-reduction-act.html

[3] https://www.businessinsider.com/mcconnell-assails-manchin-spending-deal-after-dems-strip-his-leverage-2022-7

[4] https://truthout.org/articles/republican-blocks-contraception-access-bill-from-coming-to-vote-in-senate/

[5] https://www.upi.com/Top_News/US/2022/07/19/poll-independent-womens-voice-republican-primary-voters-support-safe-access-birth-control-contraception/9921658251250/

[6] https://truthout.org/articles/republican-blocks-contraception-access-bill-from-coming-to-vote-in-senate/

[7] https://www.washingtonpost.com/politics/2022/07/22/house-republican-votes-marriage-contraception/

[8] https://www.npr.org/2022/07/29/1114417097/veterans-burn-pit-bill-republican-senators

[9] https://constitution.congress.gov/browse/article-1/section-3/clause-7/#:~:text=Judgment%20in%20Cases%20of%20Impeachment,and%20Punishment%2C%20according%20to%20Law

[10] https://history.house.gov/Institution/Origins-Development/Oath-of-Office/#:~:text=Today%2C%20Members%20of%20the%20House,following%20the%20official%20swearing%2Din.

The Struggle for the Soul of America: Time for All of Us to Go the Extra Mile for Our Country

Posted on July 25, 2022 by Author: Bruce Berlin

Time is running out for President Biden and the Democratic Congress to restore our faltering country. Trump and his Republican cohorts are hell-bent on destroying American democracy and creating a one-party autocracy, if and when they gain control of the federal government.[1]

Denying the reality of man-made climate change, Congressional Republicans reject the need to protect our planet from the disastrous effects of global warming.

Snubbing the idea that easy access to guns is a primary reason for America’s mass murders epidemic, most Republicans rebuff the need for universal background checks and other meaningful gun control measures.

Renouncing a woman’s fundamental right to control her own body, Republican officials forbid abortion, even in the case of a 10-year-old rape victim.

The list goes on and on.

Most forecasts have the Democrats losing the House and possibly the Senate in this fall’s elections. Even if they only lose their House majority, the Democrats ability to pass any sensible legislative measures over Republican obstruction will be practically impossible. If they lose the Senate too, all of Biden’s judicial and executive branch nominations will be in hostile Republican hands as well.

It’s time to ask ourselves how much do we care about the future of our country? If there ever was a time our country needed us to step up and go the extra mile, it’s now. Together, I believe we can turn this around.

Though the Biden administration is well aware of the extremely harsh consequences of a Republican takeover, it seems unable or unwilling to meet the moment with the full power of executive authority while it still has the opportunity. Some Democrats and environmental groups are urging Biden to immediately declare a climate emergency to unlock the powers of the National Emergency Act to pursue actions to curb greenhouse gas emissions and build a better green economy.[2]

In announcing a recent series of executive actions targeting the climate crisis, Biden stopped short of the national climate emergency declaration called for by the Center for Biological Diversity and more than 1,200 other groups. “The world’s burning up from California to Croatia, and right now Biden’s fighting fire with the trickle from a garden hose,” said Jean Su, Energy Justice program director at the Center for Biological Diversity.[3]

The same is true in the administration’s efforts to combat gun violence. Calling on Biden to declare a public health emergency, Kris Brown, president of the Brady Campaign, exclaimed, “This should be an all-government, all-hands-on-deck approach to solve this issue…”[4]

Lindsay Nichols of the gun control group Giffords has called for Biden to eliminate background check loopholes through executive action. Nichols also wants the Department of Justice to scale up its anti-gun trafficking strike forces while others are demanding a White House office dedicated to addressing gun violence.[5]

Regarding abortion rights, Biden signed an executive order “directing his health department to expand access to abortion pills, beef up enforcement of Obamacare’s birth control coverage mandate and stand up an army of pro bono lawyers to help defend people criminally charged for seeking or providing the procedure.” Still “many activists and abortion providers voiced frustration with the measure’s scope, vagueness and timing and worried it would do little to influence the impact on the ground of mounting state bans.”[6]

So, there’s two things we all need to do. First, contact your senators and representatives as well as the White House. Urge them to do more. Go the extra mile for climate change, gun control and abortion rights.

Second, work to get out the vote in November (https://www.rockthevote.org/get-involved/help-get-out-the-vote/; https://ballotpedia.org/Get_out_the_vote) for all those candidates who support strong measures to solve these urgent issues. Together we can make a difference.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.theguardian.com/commentisfree/2022/jan/04/trump-republican-party-democracy

[2] https://www.cnbc.com/2022/07/20/biden-announces-new-climate-change-programs-no-emergency-declaration.html

[3]https://biologicaldiversity.org/w/news/press-releases/biden-stops-short-of-declaring-national-climate-emergency-2022-07-20/

[4] https://thehill.com/homenews/administration/3502639-biden-has-limited-options-but-there-are-some-things-he-can-do-on-guns/

[5] Ibid.

[6] https://www.politico.com/news/2022/07/08/biden-abortion-executive-order-00044647

The Struggle for the Soul of America: Will Republican State Legislatures Overrule the Results of the Next Presidential Election?

Posted on July 10, 2022 by Author: Bruce Berlin

The current right-wing Supreme Court recently announced that in its next session it will hear the case of Moore v. Harper, a North Carolina case involving gerrymandered congressional district maps drawn by the state’s Republican-controlled Legislature. At the heart of this case is the radical doctrine labeled the “independent state legislature” theory.

Under the independent state legislature doctrine, state legislatures have absolute control over electoral votes in presidential elections. Harvard Law Professor Emeritus Laurence Tribe and Dennis Aftergut, counsel to Lawyers Defending American Democracy, explain that “according to this baseless notion, state legislatures can do whatever they want in manipulating elections no matter how extreme the results — principles of voter equality and fairness be damned, along with the state’s constitution, its governor and its courts.”[1]

In other words, if the Supreme Court adopts this theory, it could rule that a state legislature can disregard the vote of the people and award its state’s Electoral College votes to whomever it wishes. And four of the Court’s justices have already signaled support for this idea.[2] As Thom Hartmann recently observed, Article II, Section 1 of the Constitution describes the state legislature’s role in presidential elections, but “doesn’t even once mention the popular vote or the will of the people:

“Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress…”[3]

The operative word here is “Manner.” Under the questionable independent state legislature doctrine, a state legislature can employ whatever manner it so choses in determining which candidate receives its state’s electoral votes.

Tribe and Aftergut further argue that “Going into this November’s elections, 30 state legislatures are firmly in Republican hands, including in most of the battleground states that determine presidential election outcomes. Adopting the independent state legislature theory would amount to right-wing justices making up law to create an outcome of one-party rule.”[4]

That is why the 2022 elections for state legislators are vitally important. Some of those 30 Republican-controlled legislatures must be turned over to the Democrats in this November’s elections. If Americans who care about saving our democracy turn out in great number and elect Democratically controlled legislatures this fall in enough states to muster an Electoral College majority, then they would prevent the overturning of the 2024 presidential election under the independent state legislature doctrine.

Once again, it is up to us to spread the word and get out the vote! Democrats have so many critical issues supported by a clear majority of voters: abortion rights, climate change, gun control, voting rights and now saving democracy itself.

We must light a fire under all Americans who want our democracy to survive. We all must get involved and do everything we can to ensure that radical Republican state legislatures cannot overturn the will of the people in the 2024 presidential election.

Bruce Berlin, J.D.

Subscribe to this blog at https://breakingbigmoneysgrip.com/my-blog-3/. Join the movement to revive our democracy. Together we can save the soul of America.

[1] https://www.yahoo.com/news/op-ed-supreme-court-poised-123049971.html

[2] Ibid.

[3] https://www.commondreams.org/views/2022/07/01/beware-supreme-court-laying-groundwork-pre-rig-2024-election

[4] https://www.yahoo.com/news/op-ed-supreme-court-poised-123049971.html