#Robert b. Hubbell Newsletter

[dreaminginthedeepsouth]

Sign of the Day... in Greenwich Village...

(Mary Elaine LeBey)

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Kamala Harris meets the moment!

September 11, 2024

Robert B. Hubbell

Kamala Harris’s debate performance exceeded the unfair and asymmetrical expectations imposed on her by the press and pundits. She was terrific—in command of the facts, unfazed by Trump's bluster, personable, sincere, and likable but strong. That is a difficult mix to maintain in the face of a torrent of lies shouted by a bully who could not be controlled by the moderators. For those who were worried about the possibility that Kamala Harris would somehow stumble and harm her electoral prospects, put those worries aside. The reverse happened. She soared while Trump collapsed into his hollow shell.

Kamala Harris was confident and at ease. Trump sputtered and dodged in a futile effort to avoid answering the moderators’ questions.

I was struck by judgments delivered during the debate by two preeminent historians. I follow both Heather Cox Richardson and Michael Beschloss on Twitter. Near the end of the debate, the historians posted the following comments, which encapsulated the debate for me:

Heather Cox Richardson: “Trump is proving world leaders like him by citing Viktor Orban. Dear heavens. She is walking him like a poodle.” Michael Beschlossos: “From start to end, Kamala Harris has just delivered what is easily one of the most successful Presidential debate performances in all of American history.”

First, I hope HCR writes a book or starts a rock band with the name, “Walking Him Like a Poodle.” HCR’s comment gets to the pith of the debate: Kamala Harris was in charge, leading Trump into traps he knew were traps but could not avoid. In the instance cited by HCR, VP Harris chided Trump, saying that world leaders laugh at him and military leaders believe he is a “disgrace.” Trump responded by citing Viktor Orbán as a leader who respects him. As HCR said, “Dear heavens.” Trump was outmatched and outclassed—bigly.

Michael Beschloss’s comment is significant because it ranks Harris’s performance in the historical context of presidential debates. The precise ranking of her performance matters less than the fact it will be near the top, according to one of the nation’s preeminent historians.

There is too much to cover in tonight’s newsletter, so I will focus on the major newsworthy positions revealed in the debate. I will return later in the week to additional subjects when transcripts and analyses are available. Of note:

Harris presented herself as a candidate offering “generational change.”

Harris advocated for the middle class and small businesses.

Harris promised to sign a bill enacting the protections of Roe v. Wade.

Harris promised to sign the border bill that Trump convinced Republicans to kill.

Harris promised to reinstitute the child tax credit and institute a $6,000 credit for families with newborns

Trump refused to acknowledge that he lost the 2020 election.

Trump refused to express any regret for anything he did or failed to do regarding the January 6 insurrection.

Trump refused to say whether he would veto a national abortion ban.

Trump repeatedly claimed that Democrats advocate for the execution of babies after birth.

Trump refused to say why he urged Republicans to defeat the border bill.

Trump claimed that tariffs are “taxes on foreign nations.”

Trump refused to say whether he hoped Ukraine would defeat Russia war of aggression.

Trump said he didn’t have a plan for healthcare after nine years but has only “concepts for a plan.”

Trump repeated a racist slur that Haitian migrants are stealing and eating pets them in Springfield, Ohio.

No one who watched the debate could believe anything other than the fact that Kamala Harris is smart, capable, and up to the challenge of serving as president and commander-in-chief. Moreover, the debate served as a hyper-charged “media interview”—complete with hostile questions and an obnoxious heckler.

One of the first commentators to publish a review of the debate is David Frum in The Atlantic, How Harris Roped a Dope | She stayed human when Trump went feral. Per Frum,

Vice President Kamala Harris walked onto the ABC News debate stage with a mission: trigger a Trump meltdown. She succeeded. Former President Donald Trump had a mission too: control yourself. He failed. Trump lost his cool over and over. Goaded by predictable provocations, he succumbed again and again. Trump was pushed into broken-sentence monologues—and even an all-out attack on the 2020 election outcome. He repeated crazy stories about immigrants eating cats and dogs, and was backward-looking, personal, emotional, defensive, and frequently incomprehensible.

One final note: During the debate, I received outraged emails from readers about the moderators' failure to control Trump or treat Kamala Harris fairly. While true, let’s not make the debate about the moderators. That is what Republicans are doing tonight—to avoid talking about Trump's meltdown. Let’s focus on Kamala Harris’s ability to show Americans that she is up to the job of being president. That’s the story; let’s not bury the lead.

[Robert B. Hubbell Newsletter]

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You must watch / read this.

I hope you watched David Muir’s interview with President Biden, linked here [Remarks by President Biden Commemorating the 80th Anniversary of D-Day | Collevile-sur-Mer, France]. If you did, you know that Joe Biden is on top of complex issues and has a command of the facts. Now watch (or read) the following exchange (posted on Twitter by Decoding Fox News on X).

In the video clip, a Fox interviewer asks Trump, “What is your relationship with God like, and how do you pray?”

Here is Trump’s answer (transcribed by me from the video; please excuse any errors in capturing Trump’s word salad). Remember, the question is: What is your relationship with God like, and how do you pray?” Let’s see how well Trump answers that question:

Okay, so I think it’s good. I do very well with the evangelicals. And I have more people saying they pray for me. I can’t even believe it. And they are so committed, and they are so believing. They say, “Sir, You’re gonna be okay. I pray for you every night.” I mean everybody. Almost, I can’t say everybody, but almost everybody that sees me, they say, it’s such a beautiful thing. You know, what’s a beautiful thing too? When you look at all of this bad stuff going on, they have nothing to look up to, they have no God, they have no anything. They kill people, they beat people, they push people into subways. So, there’s just nothing there. Religion is such a great thing. It keeps you … you know, there’s something to be good about. You want to be good. You want to …it’s so important, and I don’t know if it’s explained right. I don’t know if I’m explaining it right. But when you have something like that you want to be good. You want to go to heaven. Okay? You want to go to heaven. If you don’t have heaven, you almost say, “What’s the reason? Why do I have to be good? What difference does it make?”

The question was, “What is your relationship with God like, and how do you pray?”

Did Trump answer the question? No. He doesn’t believe in God, much less pray to God. So he threw spaghetti against the wall in the hope that no one would notice that he has no inner spiritual life.

More importantly, Trump’s syntax and thought process demonstrate a seriously disordered mind incapable of stringing together more than five or six words at a time before suddenly shifting to a new thought.

And this is the man to whom many evangelical Christians have tied their fate and that of their nation—not to mention their souls and salvation (within their belief framework).

[Robert B. Hubbell Newsletter]

[tinydick2]

Your mother has a tiny dick asshole

[misfitwashere]

February 4, 2025

ROBERT B. HUBBELL

FEB 4

LISTEN TO POST · 18:52

With the benefit of 48 hours to organize, we are beginning to see strong signs of resistance from grass-roots groups, congressional Democrats, and a few media outlets as they challenge the unfolding coup driven by Musk for Trump. This is welcome news, indeed!

[After proofreading this newsletter, I realized that I “buried the lead.” Here it is: There is a protest in D.C. on Tuesday at 5 p.m. in front of the Treasury Building, organized by MoveOn and Indivisible. See article below or just sign up here.]

I start with a quick note about the continued reluctance to recognize what is happening as a coup. Jen Psaki on MSNBC referred to the events as a “hostile takeover of the government.” In 100% of the other instances of a “hostile takeover of a government,” Jen Psaki would call it a “coup,” but apparently, special rules apply to Trump.

Likewise, the New York Times published a well-researched, exhaustive article (accessible to all, here) that details the dozens of actions taken by Musk and Trump to overthrow the Constitution. But that 75-paragraph article does not use any of the following words: “legal, illegal, Constitution, unconstitutional, or coup.” The strongest description of Trump's actions the NYT reporters could muster is this cold sauce:

Mr. Musk’s aggressive incursions into at least half a dozen government agencies have challenged congressional authority and potentially breached civil service protections.

Although the facts constituting the coup are contained within the four corners of the NYTimes’ article, the reporters can’t rouse themselves to speak the truth about what is happening. So, the NYTimes’ reporters get an “A+” in “Homework” but a “D-“ in “Citizenship.”

Apart from independent commentators on BlueSky, Substack, and YouTube, no one in the mainstream press has called Trump's actions a “coup.” (Notably, Timothy Snyder did so in his Substack article, The Logic of Destruction.” Snyder includes the following, “All of this work was preparatory to the coup that is going on now.”)

But The Guardian broke ranks with the legacy media on Monday with an editorial entitled, “The Guardian view on Donald Trump’s power grab: a coup veiled by chaos.

The Guardian editorial board writes,

Donald Trump is provoking a US constitutional crisis, claiming sweeping powers to override or bypass Congress’s control over spending in a brazen attempt to centralize financial power in the executive branch. If he succeeds, Nobel laureate Paul Krugman warns, it would be a 21st-century coup – with power slipping from elected officials’ hands. The real story hidden behind the president’s trade war, he says, is the hijacking of government. And Mr Krugman’s right.

We need to raise the alarm if we expect our leaders to respond vigorously and urgently to the dagger aimed at the beating heart of our democracy—the Constitution. It’s a coup. Say its name. It’s not an outrage. It’s not a hostile takeover. It’s not a “challenge to congressional authority.” It is a coup that seeks to neutralize the framework of checks and balances carefully crafted by the Framers. 

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Posted some links that I was following a while back. Here are some more.

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Trump's legal and money problems get worse.

Trump pleaded poverty to a NY appellate court on Wednesday, arguing that he didn’t have the money to obtain a bond to prevent collection on the half-billion-dollar civil fraud judgment. On Friday, Trump posted a statement on Truth Social claiming that he did, in fact, have $500 million to obtain a bond. See AP, Trump says he has nearly $500 million in cash but doesn't want to use it to pay New York judgment.

It doesn’t matter whether Trump is lying about having a half billion dollars in cash. By claiming he does, the New York appellate court is unlikely to grant Trump relief from posting the bond. NY AG Letitia James can begin executing the judgment at the close of business on Monday.

There is a point to this development beyond Trump undermining his legal defense. It is another illustration of Trump's inability to control his rage when his ego is involved. And his ego will be on the line again and again through November—both because of his legal jeopardy and his faltering performance on the campaign trail.

It appears that Democrats are paying close attention to Trump's descent into madness and rage. Biden’s stump speech now has a section mocking Trump's claim that he is broke, which is likely to provoke Trump into making more unforced errors.

One potential wildcard for Trump is his ability to pull money out of a security offering by Truth Social’s new parent company.

While Trump may eventually be able to sell some securities in the parent company and generate cash, that is a complicated and uncertain process. Jay Kuo does a nice job of explaining the mechanics of such a sale. More importantly, Kuo points out the potential for corruption and foreign manipulation of a president whose finances are tied to a stock that has no inherent value. See Jay Kuo on Substack, Status Kuo, The Publicly-Traded Presidential Candidate.

However, the public offering of Truth Social stock will likely be a curse for Trump. Being a controlling person in a public company is no picnic. Trump will be subject to a regulatory scheme and disclosures that do not apply to private citizens. Trump hates scrutiny of his finances. It makes it more difficult for him to lie.

[Robert B. Hubbell Newsletter]

TFG’s sponsor needs to know.

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MLK at 95.

January 15, 2024

ROBERT B. HUBBELL

Martin Luther King, Jr. was born 95 years ago on January 15, 1929. As a Baptist minister, he advocated non-violence while promoting civil rights. He spoke for the poor, the oppressed, and the disenfranchised. While he was imprisoned in a Birmingham jail for protesting segregation, he responded to eight white ministers who had criticized him for participating in protests that they described as “unwise and untimely.”

Dr. King’s famous reply to the white ministers explained why he traveled to Birmingham from Atlanta to protest:

I cannot sit idly by in Atlanta and not be concerned about what happens in Birmingham. Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly affects all indirectly. Never again can we afford to live with the narrow, provincial outside agitator" idea. Anyone who lives inside the United States can never be considered an outsider.

While Dr. King was keenly aware of the racism that served as the understructure of the Christian church in the old South, he would be shocked by the virulent, mean-spirited, anti-Christian message that animates many (not all) evangelical congregations in America today. They form the backbone of Donald Trump's support in Iowa and beyond. They have adopted Trump's message that treats the poor, oppressed, and disenfranchised as “outsiders” and “others” who do not belong in America.

Over the last several days, we have learned that members of the Texas National Guard physically blocked federal Border Patrol agents from responding to reports of immigrants in distress in the Rio Grande. The bodies of a mother and two children were later recovered from the river in the area where immigrants were reported to be in distress.

Texas, of course, denies that its cruel actions caused the drownings—a denial that should be viewed skeptically from a state whose governor—Greg Abbott—recently commented Texas troopers could not shoot immigrants crossing the border because the troopers would be charged with murder by the Biden administration. Texas governor criticized after comment about shooting migrants | The Texas Tribune.

Similar animus underlies the recent comments of Mississippi Governor Tate Reeves, who withdrew Mississippi from a federal program to provide food to school children during summer breaks. Governor Reeves said Mississippi withdrew from the program to fight “attempts to expand the welfare state.”

Blocking efforts to rescue a drowning mother and her children? Regretting the inability to shoot immigrants because it would be murder? Denying food to poor children out of spite? Who are these people? How do they look at themselves in the mirror?

Ninety-five years after Dr. King’s birth and fifty-five years after his death, it is difficult to believe that people who identify as upstanding members of the Christian church can support such actions.

Another section from Dr. King’s Letter from a Birmingham Jail is relevant to this moment in our nation’s history:

But the judgment of God is upon the church as never before. If the church of today does not recapture the sacrificial spirit of the early church, it will lose its authentic ring, forfeit the loyalty of millions, and be dismissed as an irrelevant social club with no meaning for the twentieth century. I meet young people every day whose disappointment with the church has risen to outright disgust.

Dr. King’s words were prophetic. See Pew Research (10/17/19) In U.S., Decline of Christianity Continues at Rapid Pace.

And, of course, as Dr. King recognized, “there are some notable exceptions” among church leaders who supported his work—just as there are exceptions today. Several readers have recommended Faithful America as an antidote to Christian nationalism. The organization’s helpful FAQ page explains why “Christian nationalism” is not Christian. See Resisting Christian Nationalism: FAQ + Resources | Faithful America.

On this day commemorating Dr. Martin Luther King Jr.’s birth, we can see how far we have come—and how much further we must go. He didn’t despair. Neither should we.

Robert B. Hubbell Newsletter

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Committee Flops Like A Dead Fish

Robert Hubbell’s newsletter this morning covered a few important and encouraging topics, for those of us who are feeling a bit overwhelmed by the right-wing drama of late, both in the House of Representatives and in the State of Florida!  Here is just one of the topics he covered … Democrats Fight Back! Robert B. Hubbell 7 March 2023 Democrats have been frustrated by the asymmetry between GOP…

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Democrat Tom Souzzi wins in NY 3rd congressional district.

Tom Souzzi won the NY 3rd congressional district election to replace disgraced GOP ex-member of the House, George Santos. While Santos won by 7 percentage points in 2022, Souzzi won by approximately 8 percentage points in 2024—a swing of 15 points. By all measures, the outcome is a positive signal for Democratic prospects in November. But—on cue—talking heads are already explaining away Souzzi’s victory and predicting tough headwinds for Joe Biden. Don’t believe them.

Major media thrives on the counter-narrative, i.e., predictions of doom and gloom that seek to turn good news into bad and bad news into catastrophe. Here is a case in point: On Monday, CNN ran an article on the upcoming election in NY 3rd congressional district entitled, New York Democrats are worried about Tuesday’s special election. They have good reason to be.

The CNN article included the sub-headline “Democrats on the brink, and Republicans on the rise,” and predicted that the election would serve as a litmus test for Democratic prospects in November:

“The outcome (of the race) will be a measure of how the Democratic brand can affect races all over the country,” [Larry ] Levy [of Hofstra University] said. “If Suozzi can’t withstand the damage the Democratic Party has sustained over inflation, Israel and immigration, then I’m not sure who could.” [¶] Though no single contest . . . can claim to foretell what comes next in national politics, “Suozzi vs. Mazi” (it rhymes) comes awfully close.

CNN, which has recently turned Trump-curious, undoubtedly regrets claiming that the NY 3rd congressional election “comes awfully close” to predicting “what comes next in national politics.”

There is some truth in CNN’s statement. Speaker Mike Johnson and GOP vice-presidential nominee in-waiting Elise Stefanik campaigned hard for Suozzi’s opponent, hammering on immigration. Both Johnson and Stefanik should be rethinking their approach to immigration today.

We cannot become complacent because of Suozzi’s victory. Rather, the lesson is that we must replicate the enormous effort that went into securing Suozzi’s victory. Even CNN recognized that an army of grassroots volunteers helped Suozzi:

Grassroots progressive groups like Engage Long Island, which is part of the Indivisible network, have been feverishly knocking on doors – taking their case directly to like-minded neighbors. And Suozzi has massively outraised Pilip, taking in $4.5 million to her $1.3 million, according to Federal Election Commission filings that cover the beginning of October through January 24 of this year.

Tonight, we all owe a debt of gratitude to the grassroots volunteers at Indivisible, PostCardsToVoters (sent 202,236 fully handwritten postcards to Democrats in NY-03), Markers for Democracy, Swing Left, and dozens of other groups that did the hard work of getting out the vote to ensure victory! You are all heroes!

There will be much analysis of what this victory means, but none will be more reliable and salient than that of Simon Rosenberg at Hopium Chronicles. Simon played a key role in motivating grassroots volunteers to join the effort to elect Suozzi. I recommend that you check out Simon’s Substack blog on Wednesday. See Simon Rosenberg, Hopium Chronicles.

But the last word goes to the Biden Campaign, which released this statement:

Donald Trump lost again tonight. When Republicans run on Trump’s extreme agenda – even in a Republican-held seat—voters reject them. As we saw in 2020, 2022, . . . .

[Robert B. Hubbell Newsletter]

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What happens now? Judge Dearie will continue his review of the non-classified documents. We should expect that process will turn out badly for Trump. And then . . . sometime in 2023, we should expect an indictment of Trump for espionage.

“A reader asked in the Comments section yesterday whether the crime of espionage requires an intent to share the defense secrets with another party. It does not. Under Subsection (d) of the 18 USC § 793 (Espionage Act), if a person lawfully obtains possession of information harmful to the security interests of the United States (if disclosed), the person is guilty of espionage if he “willfully retains the same and fails to deliver it on demand to the officer or employee of the United States entitled to receive it."

Thus, under the Espionage Act, there is no requirement of an intent to share the information with anyone. Continued possession of defense secrets after a demand for their return is espionage. That is why the DOJ will indict Trump.”

READ MORE https://roberthubbell.substack.com/p/a-good-day

88 Comments “This was quite a masterpiece Mr. Hubbell.  I appreciate your excellent summary of events and the links to documents.  I would also like to add Mr. Raskin's diatribe against the Republicans in the House yesterday.  He gave them heck concerning the January 6 Select Committee.  Here is the link:https://www.msn.com/en-us/news/politics/let-s-tell-some-truth-raskin-goes-scorched-earth-on-republicans-during-hearing-over-opposition-to-jan-6-committee/ar-AA126gqR#:~:text=View%20Profile-,%E2%80%98Let%E2%80%99s%20Tell%20Some%20Truth!%E2%80%99%20Raskin%20Goes%20Scorched%20Earth%20on%20Republicans%20During%20Hearing%20Over%20Opposition%20to%20Jan.%206%20Committee,-Michael%20Luciano%20%2D

Robert B. Hubbell  12 hr ago Author

“There is a DOJ rule against indicting within 69 days of an election. I suppose a November or December indictment is possible .”

“Is it possible for TFG to appeal the 11th Court's decion to the Supreme Court?” Robert B. Hubbell Author “Possible. Highly unlikely that the Court would grant review.”

“A terrific newsletter! To add frosting to the cake of Robert's excellent perspective, check out Lawrence Tribe's conversation Wednesday at the weekly Community Advocates/Jews United for Democracy and Justice. It's on YouTube at” https://www.youtube.com/watch?v=dAg9rT2csgc.

COMMENTS “And may I quote constitutional law scholar Laurence Tribe, who last night stated on a Zoom with Jews United for Democracy and Justice: "The recoking is coming for the president."  (Former president!) I slept well.”

Legal expert reacts to Trump's inaccurate claim about declassifying

https://youtu.be/wAkvJPd1uoI

Attorney who sued Trump over real estate properties speaks out

CNN's Jim Sciutto and Poppy Harlow discuss the New York attorney general's lawsuit against Trump accusing him of business fraud with New York real estate attorney Adam Leitman Bailey. Bailey has sued Trump in the past over his real estate properties.

https://www.youtube.com/watch?v=1H_HZlL8cJg

Trump Seems To Think His Presidential Powers Continue

“Former Chief of Staff at the Department of Homeland Security Miles Taylor, former FBI counterintelligence agent Pete Strzok, former U.S. attorney Harry Litman, and Wall Street Journal Justice Department reporter Sadie Gurman react to Trump’s claim that he declassified documents just by “thinking” about it “

364,376 views Sep 22, 2022 https://www.youtube.com/watch?v=VDoIn23gyxg

3,612 Comments  

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More “obeying in advance” by the Washington Post

I haven’t referred or cited to the Washington Post since Jeff Bezos ordered the editorial board not to endorse Kamala Harris for president. I sometimes wonder whether that was the right decision. Today, it became clear it was.

Editorial cartoonist Ann Telnaes just published an article on Substack entitled, Why I'm quitting the Washington Post. Telnaes explains that she prepared an editorial cartoon that showed billionaires bowing in supplication to Trump. The cartoon is in the linked article. As explained by Telnaes,

The group in the cartoon included Mark Zuckerberg/Facebook & Meta founder and CEO, Sam Altman/AI CEO, Patrick Soon-Shiong/LA Times publisher, the Walt Disney Company/ABC News, and Jeff Bezos/Washington Post owner.

Telnaes explains,

For the first time, my editor prevented me from doing that critical job [publishing the cartoon]. So I have decided to leave the Post. I doubt my decision will cause much of a stir and that it will be dismissed because I’m just a cartoonist. But I will not stop holding truth to power through my cartooning, because as they say, “Democracy dies in darkness”.

Ann Telnaes deserves our respect and admiration for her courage. And the ongoing disgrace at WaPo should cause all self-respecting journalists and columnists to follow Ann Telnaes’s example.

[Robert B. Hubbell Newsletter]

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Mike Luckovich

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"Russia, Russia, Russia. It's always Russia!"

October 9, 2024

Robert B. Hubbell

On a day of major political stories, the Earth is reminding us that we are guests on this planet subject to our collective good behavior over the long term. Hurricane Milton is threatening Florida like no other storm in the last century. Millions are (wisely) evacuating in the face of strong winds and a record storm surge that will inundate coastal areas.

Two months ago, Trump joked about human-caused climate change creating “more beachfront property.” In 2021, 175 House Republicans and 35 Senate Republicans voted to defund FEMA. See MTN News, A Whopping 175 House Republicans Voted Against FEMA Funding in 2021. Many of those lawmakers are now criticizing FEMA for being overwhelmed and under-resourced. Last week, Speaker Mike Johnson refused to call a special session of the House to enact emergency supplemental funding for FEMA.

Jokes aside, the substantive policy of the Republican Party is to promote fossil fuels and undermine green energy. See Center for American Progress, Project 2025 Would Jeopardize Global Climate Action. One of Trump's first acts in 2017 was to serve notice that the US would withdraw from the Paris Climate Accords, and one of Joe Biden’s first acts was to rescind that notice. If Trump is re-elected, we should expect that Trump will again seek to withdraw from global efforts to fight human-caused climate change. See NBC News, Mike Johnson won't commit to bringing House back before the election for more hurricane relief.

The weather is not the climate and record-breaking weather events are not (in themselves) climate change. But acceleration in global climate trends over time are evidence of human caused climate change. Indeed, the tendency of hurricanes to rapidly increase in intensity—like Hurricane Milton—is part of a new trend in hurricane behavior. See NBC News, Hurricane Milton's rapid intensification is part of a climate-fueled trend.  

Climate change is maddeningly difficult because its effects are difficult to track—until they are not. We may be living through one of those moments in which the effects of climate change are undeniably manifest. The question facing us is whether we have the capacity to maintain our concern and sense of urgency after the water has receded and the news crews have moved to the next breaking story. We need the ability to engage in long-term thinking and the patience to allow solutions to work over decades (or longer).

Many worthy and effective organizations are focused on fighting human-caused climate change. I have previously endorsed and appeared before Third Act, an organization started by Bill McKibben. Third Act describes itself as “a community of Americans over sixty determined to change the world for the better. Third Act harnesses an unparalleled generational power to safeguard our climate and democracy.” Check out Third Act—or highlight your climate focused organization in the Comments section.

In the meantime, my wife and I express our concern and empathy for the hundreds of thousands of Floridians affected by Hurricane Milton. Be safe and follow the guidance of authorities!

[Robert B. Hubbell Newsletter]

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Texas woman leaves the state to obtain an abortion while Texas Supreme Court ruled that she had no right under Texas law to abortion.

          Kate Cox fled Texas to end a pregnancy that was “incompatible with the life” of the fetus and that threatened her life. Shortly after she fled, the Texas Supreme Court ruled that she had no right to an abortion in Texas. See CNN, Texas Supreme Court rules against pregnant woman seeking abortion as she leaves state for procedure.

          The cruelty and inhumanity of the Texas Supreme Court’s ruling is surpassed only by its denial of personhood to Kate Cox—and every woman relegated to the status of a second-class citizen in Texas. Those who seek to deny reproductive liberty have once again underestimated the reaction of women across America. Kate Cox deserves our sympathy and support. Her courage in challenging Texas’s abortion statute will serve as an example for women across America.

          The deprivation of constitutional liberties in Texas is rightfully the focus of the outrage surrounding this case. But a grim reality underlies the denial of reproductive liberty. In an important article, Katelyn Jetelina outlines the disastrous public health consequences of denying reproductive liberty to women. See Katelyn Jetelina, Your Local Epidemiologist, Women fighting for their lives in the US (substack.com).

          Katelyn Jetelina’s article is incredibly important, and I urge you to read it. She details the suffering imposed on women by reactionary abortion restrictions. For example,

Compared to other high-income countries, the U.S. ranks highest in deaths from pregnancy and childbirth—a mortality rate 20 times higher than the Netherlands.

Non-Hispanic Black women have a maternal mortality rate of 69.8 per 100,000 live births—the highest mortality rate of any racial group.

One study found that every 1-unit increase in the abortion policy index (i.e., more restrictive state-level policies) equated to a 7% increase in maternal mortality.

The estimated increase in maternal mortality post-Dobbs is 24%.

          In short, by restricting reproductive liberty, religious fundamentalists are killing women—something the Texas Supreme Court seemed comfortable with in its ruling on Monday.

          The Texas decision is re-inflicting trauma on thousands of women like Kate Cox and Katelyn Jetelina who suffered through traumatic, life-threatening pregnancies. We will overcome the reactionary movement that has made temporary hostages of our Constitution and women in America. But the tragedy of Kate Cox teaches us that we cannot relent in our battle to restore the liberties guaranteed by the Constitution

[Robert B. Hubbell Newsletter]

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Jesse Duquette

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The coup rolls on, but we will prevail.

February 2, 2025

Robert B. Hubbell

Although I usually do not publish a Sunday edition, I am making an exception given the emergency facing our democracy. I will focus on the most significant development—Musk’s seizure of the Treasury’s payment system with the blessing of newly confirmed Treasury Secretary Bessent. It took Bessent less than a week to place his loyalty to Trump above his loyalty to the Constitution and, derivatively, to the American people.

Before addressing the hostile takeover of the Treasury, I want to take a moment to repeat comments I made on the Substack livestream event on Saturday morning.

Let’s start with the positive framing of where we are: It is up to us. It always has been, and it always will be. Every generation faces a moment when it is called upon to redeem democracy from an existential threat. We must not bemoan the fact that we are playing our part in the long arc of redemption that has safely delivered us to this point. Our task is to serve as a bridge in the arc to the next generation. If all we do is hold back the forces of darkness, that will be enough. If all we do is endure and outlast the bastards, that will be enough. But I am confident that we can and will do much more.

In our lifetimes, we have overcome the trauma of the Civil Rights battles of the 1950s and 1960s, the political assassinations and campus protests of the 1960s, the Viet Nam war, Nixon and Watergate, the S&L collapses of the 1980s and 1990s, the internet bubble burst in the early 2000s, the terror attacks on 9/11, the Iraq and Afghanistan wars, the Great Recession of 2008, the Covid pandemic, January 6, and more.

We will not only survive this challenge, we will prevail. That is not a close question. The specific path to victory is not yet clear, but Trump is breaking the guardrails of democracy and the fundamentals of the economy so quickly that some unseen calamity of his own creation will overtake his ham-fisted effort to install himself as a supreme dictator in violation of the basic precepts of our great charter.

But . . . despite confidence that we will win, it doesn’t feel great to be in the middle of chaos and uncertainty. In fact, it feels bad. Really bad. If you feel that way, welcome to a club that includes 200 million Americans. You are not alone.

This moment is particularly challenging because of the seeming impotence and cluelessness of Democrats in Congress, in state houses, and governors’ mansions across the nation. It feels like they do not understand the urgency of the situation. If they do, they are failing to communicate that urgency, mount a vigorous opposition, and inspire confidence in Americans yearning for leaders to lead.

We must demand that our elected officials stop acting like this situation is “politics as usual” or that “There is nothing we can do about it because we are in the minority.” Such excuses are unacceptable and unseemly. Elected officials ran for office to be leaders. So, don’t complain that leading is hard when the chips are down. We know that. That is why we elected you. Step it up, now!

Josh Marshall of Talking Points Memo captured the reasons for our discontent in his post on Saturday morning entitled, A Few Thoughts on Messages and Morale.

Josh writes,

The overarching thing that is missing from what Democratic leaders in Washington are saying right now is a clear statement that “This is bad, that it’s likely to get worse for a while. But we don’t accept this; we have power too. We’re going to fight this in the courts; we’re going to gum up the works in Congress; and more than anything we’re going to fight this in the court of public opinion. And we’re going to win. And to do that we need all of you to be on our side. And as we claw back power we’re going to repair the damage and hold the people who broke everything accountable and build something better.”

Josh makes an important point: Despite our anger at our elected leaders for their miserable performance to date, we must support them so that they can lead us to victory.

Marc Elias makes the same point in his post in Democracy Docket, Things We Can All Do to Protect Democracy. The second thing we can do to support democracy is to “Help Democrats.” Marc writes, “Next time you want to attack a Democrat for being too much of this or too little of that, realize that you are only helping the GOP. Instead, find a Democrat you support and volunteer or contribute to their campaign.”

It is okay to be angry at our Democratic officials—in moderation. But they are not the problem. Trump is the problem. So, if you are thinking about how to allocate your emotional energy, devote 99% of it to resisting Trump and 1% to criticizing Democrats—which, to be clear, is a healthy and helpful thing to do.

If you are looking for someone to articulate and channel your outrage at feckless Democrats, I recommend this video by Politics Girl on YouTube, What The F***?! I found Leigh McGowan’s rant cathartic; you might also find some release in hearing her tell Democratic leaders to get off their behinds and start acting like they are in a fight for the future of democracy.

But in the end, we don’t have the luxury of waiting around for elected Democrats to start acting like we are in a five-alarm fire. It is up to us to act now to redeem democracy. It always has been. It always will be. Don’t regret or resent that fact. It is our sacred duty--both as a repayment of our debt to those who brought us to this moment and as an investment in future generations who will carry democracy forward long after our struggles are forgotten.

Musk succeeds in seizing control of the Treasury payment system

When I last wrote, Musk was attempting to seize control of the Treasury payment system. Late Friday, he succeeded in doing so. Treasury Secretary Bessent handed control over to Musk and privateers from Silicon Valley. Musk tweeted on Saturday suggesting that the move was necessary because the Treasury was strictly following the orders to pay the debts and obligations of the US as directed by Congress in budgets enacted as law and as implemented by agencies acting under the watchful eye of the OMB.

In Musk’s fantasy re-telling of the story, that stringent process results in the payment of funds to known fraudsters and terrorist organizations. Musk provided no evidence to support his outlandish claim.

To state the obvious, the role of the Treasury is to pay money as directed by Congress. If there are legal reasons that a congressional appropriation should be stopped, there are two routes: asking Congress to amend its appropriation bill or filing a lawsuit asking the judiciary to enjoin the payment to determine its legality.

But Musk wants to introduce a third way to challenge payments duly authorized by Congress: He gets to decide which payments are not “legitimate”—and then he presses the “delete” button on the computer that Secretary Bessent handed over to Musk.

The illegal, extra-constitutional takeover of the Treasury payment system is explained in detail in this article in the NYTimes (accessible to all): Elon Musk’s Team Now Has Access to Treasury’s Payments System.

I highly recommend reading the entire NYTimes article. You will be shocked. Elon Musk now has unfettered access to private information about your Social Security earnings and benefits, your tax refunds, and your bank accounts into which federal funds are deposited.

Remind me, who elected Elon Musk? When exactly did Trump say during his campaign that Musk would be given access to private data about nearly every American?

While the Times gets high marks for detail in its article, the Times continues to miss the story. The NY Times dutifully reports Musk’s social media claim that he needs access to the payment system to stop fraudulent payments and payments to terrorist groups.

That explanation is so bad it is not even wrong. As noted above, fraudulent payments and payments to terrorist organizations could be handled by the Secretary of the Treasury, Congress, and the courts. We do not need Elon Musk to swoop in to stop those payments—if they even exist.

The obvious story, the huge scandal, the constitutional crisis that is staring the NYTimes in the face is that Musk has seized control of the Treasury payments system so he and Trump can unilaterally enforce the draconian budget cuts to be proposed by DOGE.

Such budget cuts should require congressional approval—unless you control the check-writing function at the Treasury. Once you can “delete” any appropriation by simply refusing to write a check, Congress is an unnecessary appendage, a spectator to a coup.

The plan is transparent to even the most naïve and gullible among us—and should be mincemeat in the hands of seasoned NYTimes’ political reporters. But they do not mention the elephant in the room.

Why?

Because they are afraid. Because they are obeying in advance. Because they do not want to provoke the wrath of Trump.

As always, it is up to us. It always has been, and it always will be. Every generation faces a moment when it is called upon to redeem democracy from an existential threat. We must not bemoan the fact that we are playing our part in the long arc of redemption that has safely delivered us to this point. Our task is to serve as a bridge in the arc to the next generation. If all we do is hold back the forces of darkness, that will be enough. If all we do is endure and outlast the bastards, that will be enough. But I am confident that we can and will do much more.

And yes, I realize the preceding paragraph is repeated from the introduction to this edition. I thought it deserved to be emphasized.

Coda: The Wall Street Journal editorial board’s headline on Trump's tariffs on Canada and Mexico says it all: The Dumbest Trade War in History. (This should be a gift link.)

Concluding Thoughts

Stay strong and maintain perspective. There is no doubt that we will make it through this difficult period--and prevail. Do not collapse the future into the present moment. The future comes at us one day at a time no matter how much we worry. The invariant pace of time gives us space and opportunity to plan, react, and adjust. Find community. Support others in distress. Lead by example, using words only when necessary.

Robert B. Hubbell Newsletter

[dreaminginthedeepsouth]

The Harris campaign kicks into high gear

July 26, 2024

ROBERT B. HUBBELL

Kamala Harris has the Trump campaign on its back foot. Whatever Trump’s advisers expected from V.P. Harris, they were wrong. Although Trump and his surrogates have tried several lines of attack, each attempt backfires as Trump offends important constituencies he needs to win. In attacking Kamala Harris, Trump is offending Black Americans, successful women, mothers raising blended families, couples trying to conceive, young people, and more. The Harris campaign has responded forcefully, using a pointed sense of humor that is refreshing and attractive to younger voters who see the internet as a battlefield of ideas.

On Thursday, the Harris campaign released a powerful television ad that was a “no-holds-barred” look at the threat to democracy posed by Trump. See The Guardian, ‘We choose freedom’: Kamala Harris campaign launches first ad. The ad is embedded in The Guardian article; I urge you to watch it. If you don’t, here is The Guardian’s description of the ad:

Released on Thursday morning, the ad opens with shots of Harris’s smiling face behind a podium, the word Kamala, the word Harris, and the American flag. The soundtrack is the beginning of Beyoncé’s song Freedom, to which Harris entered and exited her first speech to campaign staffers after gaining lightning speed momentum on the road to becoming the presumptive nominee. The ad is narrated by Harris, whose first words are, “In this election we each face a question. What kind of country do we want to live in?” She continues: “There are some people who think we should be a country of chaos. Of fear. Of hate,” she says, over shots of Trump and JD Vance. “But us, we choose something different.”

On social media, the Harris campaign has been even more aggressive. The Harris campaign took a clip of Trump imitating Kamala Harris, saying, “I’m the prosecutor and he is the convicted felon.” After Trump admits that he is a convicted felon and Harris is a prosecutor, the ad immediately cuts to a picture of Kamala Harris with her voice saying, “I am Kamala Harris and I approve this message.” The Harris campaign is showing early signs of social media savvy—just as Barack Obama’s campaign did in 2008.

The Harris campaign also went after JD Vance, who described Kamala Harris in 2021 as a “childless cat lady” who should not have an equal voice in the future of America because she does not have biological children. (Harris is a stepmother to two children with Doug Emhoff.) Thursday was “In Vitro Fertilization Day.” The Harris campaign released a statement saying, “Happy World IVF Day To Everyone Except JD Vance.” See HuffPo, Harris Campaign Wishes Happy World IVF Day To Everyone Except 1 Person.

The confidence and swagger of that ad was reflected in the Harris campaign’s immediate acceptance of debate with Donald Trump, set for September 10. But as Kamala Harris demonstrated an eagerness to debate, Trump began hedging his bets, saying he “did not like the idea” of a debate on ABC. See CNBC, ‘Let’s go’: Harris agrees to debate Trump, accuses him of ‘backpedaling’ on Sept. 10 date.

The Harris campaign also used social media to troll Trump's morning appearance on Fox News, during which Trump called Kamala Harris “garbage.” The Harris campaign issued a press release entitled Statement on a 78-Year-Old Criminal’s Fox News Appearance. The press release said,

After watching Fox News this morning we only have one question, is Donald Trump ok? Trump is old and quite weird [and] this guy shouldn’t be president ever again.

For their part, Trump and his surrogates were reduced to claiming that Kamala Harris is a “DEI hire,” a “failed border czar,” and a socialist who will destroy the economy of America.

Luckily for Kamala Harris, economic growth and border security both improved in the second quarter. On Thursday, the US Bureau of Economic Analysis reported that the gross domestic product grew at a 2.8% rate in the second quarter, well above the consensus prediction of 1.9% by economists. See USA Today, US GDP report: Latest data shows economy grew 2.8% in Q2 (usatoday.com)

At the border, crossings by immigrants dropped to their lowest level since 2020 (under Donald Trump). See CBS News, Migrant crossings continue to plunge, nearing the level that would lift Biden's border crackdown. Per CBS News,

July is on track to see the fifth consecutive monthly drop in migrant apprehensions along the U.S.-Mexico border and the lowest level in illegal immigration there since the fall of 2020, during the Trump administration, the internal Department of Homeland Security figures show.

My point in noting the responses by the Harris campaign is not to revel in the “zingers” and “smackdowns” that are long overdue. Rather, it is to highlight the nimbleness, swagger, and professionalism of the Harris campaign. The lightning-quick responses would be exemplary for any presidential campaign; they are stunning for a presidential campaign that is four days old.

Although it is still early, it seems clear that the Harris campaign will focus on Trump's criminality, incoherence, age, and hateful agenda. And it is doing so with a satirical edge that transfers easily into internet memes—which is an effective way to create viral messaging that reaches young people. Meanwhile, the Trump campaign has been caught flat-footed, trying to ignore the awkward creepiness of JD Vance and Trump's part-time approach to campaigning.

All of this should give Democrats confidence that Kamala Harris will run a strong campaign against an opponent who will wage a vile and hate-filled counter-offensive. If the first few days of the campaign are any indication, Kamala Harris is up to the task.

Robert B. Hubbell Newsletter

[dreaminginthedeepsouth]

All over DC and NYC today

* * * *

Backstopping the courts!

February 11, 2025

Robert B. Hubbell

Here is the topline: Defenders of the rule of law are on a judicial winning streak. At the same time, it appears unclear whether Trump and Musk are complying with existing orders compelling them to cease their unlawful behavior. The ‘overwhelming question’ that confronts our democracy is, “What happens if Trump and Musk refuse to obey court orders?”

Legal analysts and political commentators are focusing on that question and often conclude their analysis with something like, “It will be a constitutional crisis.”

That is a highly unsatisfying and incomplete answer. None of the analysts or commentators mention the role of American citizens in pushing back against the ongoing billionaire coup. Yes, we may indeed end up with a constitutional standoff between the executive and the courts, but to pretend that the people have no say in the outcome is an oversight of profound dimensions.

As I wrote yesterday, a system in which the leaders claim to be exempt from the rule of law contains an inherent instability: If the rule of law does not apply to the leaders, it does not apply to the people. That is not a threat but an observation of how other nations have brought dictators to heel. Trump and Musk should, therefore, stop their lawless spree well short of mass action by citizens fed up with a lawless “government.”

The power of mass protests, strikes, stoppages, and boycotts will be particularly potent in America. The US is the largest economy in the world because its markets are stable, its political climate is (relatively) corruption-free, and the rule of law is enforced.

Business thrives on order, predictability, and risk management. If the rule of law is overthrown, business profits will take a nose-dive. The bond market is acting in an unnatural manner, suggesting a deep-seated suspicion that something bad may be happening. The markets are not worried only about Trump's tariffs increasing inflation. They are beginning to price in a risk premium for political instability. (That is my personal opinion based on reading the financial press; I am not an economist.)

Moreover, the full faith and credit of the US depend entirely on American citizens' belief that their tax dollars are spent under the system established in the Constitution—appropriations made by Congress through legislation, signed into law by the president, and implemented by the executive departments and agencies. If Trump and Musk break that system, it raises the obvious question: “What’s in it for the American taxpayer?”

I raise these points not to frighten anyone but rather to give us confidence by following the logic of the current crisis to its inevitable conclusion: The people will prevail.

Even if Trump and Musk lack the emotional intelligence or self-awareness to intuit that fact, the business community that is providing Trump a free pass at the moment is keenly aware of the consequences of breaking the social compact.

I don’t think the crisis will get that far because I believe those around Trump understand the consequences of “crossing the Rubicon” of disregarding court orders. But if it does get that far, I feel pretty good about the prospects of the American people in a political tug of war with Trump and Musk.

With that background, let’s look at how the major developments fit into the narrative.

Courts continue to enjoin illegal and unconstitutional actions by Trump and Musk

As noted above, those defending democracy and the rule of law are on a winning streak against Trump and Musk. But there is worrisome evidence that Trump and Musk are already disregarding court orders. See NYTimes, Judge Says White House Defied His Ruling, as Showdown with Trump Nears (Accessible to all.)

As explained in the Times article,

A federal judge said on Monday that the White House had defied his order to release billions of dollars in federal grants, marking the first time a judge has expressly declared that the Trump administration is disobeying a judicial mandate.

The ruling by Judge John J. McConnell Jr. in Rhode Island federal court ordered administration officials to comply with what the judge called “the plain text” of an ruling he issued on Jan. 29. That order, he wrote, was “clear and unambiguous, and there are no impediments to the Defendants’ compliance.”

The flicker of hope in the above description of the “freeze” lawsuit is that the DOJ is appealing Judge McConnell's ruling. It could have been otherwise; the White House could have simply announced that it was not going to abide by the ruling. The appeal from Judge McConnell's order may be the vehicle that brings the conflict to the Supreme Court.

But, to be absolutely clear, the White House did not say it would comply with Judge McConnell’s order, so the possibility remains that Trump is defying a binding court order as we speak. Time will tell.

Similar cases are trailing behind, including restraining orders or injunctions against executive orders purporting to take the following actions:

Trump's buyout offer to federal workers: USA Today, Judge blocks Trump buyout offer to federal workers.

Trump's massive cuts to healthcare grants (by limiting overhead to 15%). See Politico, Judge temporarily blocks Trump cuts to health research grants.

And new lawsuits are challenging other Trump executive orders:

Public Citizen filed a lawsuit seeking to block the shutdown of foreign aid: Politico, First lawsuit targets Trump’s foreign aid freeze.

A union has sued Trump to prevent the CFPB shutdown. See Axios, Union sues Trump admin over CFPB shutdown attempt and DOGE access

The takeaway is that these legal challenges are headed to the Supreme Court—if we are lucky. Getting to the Supreme Court means that (a) Trump is losing and (b) he recognizes that the courts have a role in resolving the disputes.

Trump expands his campaign of lawlessness and corruption

Trump is pillaging and burning his way through laws and agencies designed to protect consumers from deceitful, misleading, and dishonest practices by American businesses in the US and businessmen making deals abroad.

As noted above, Trump has effectively shut down the Consumer Financial Protection Bureau—an agency created and funded by Congress. Trump has no authority to unilaterally shut down an agency created by statute.

The unseemly end for the CFPB is bad for consumers. Very. See NBC, What's at stake for consumers as Trump officials target the CFPB (“Congress granted the CFPB the power to supervise banks with more than $10 billion in assets and to regulate lending by nonbank entities, including mortgage, auto, payday and private student loan issuers.”)

As the result of a CFPB rule, consumers saved $6 billion (not a mistake: $6 billion) in check overdraft fees charged by banks. The House Banking Committee has proposed legislation to eliminate that protection.

Trump has also announced suspension of enforcement of a federal anti-bribery statute that prohibits the use of bribes in securing foreign contracts. See The Independent, Trump orders Justice Department to stop enforcing foreign anti-bribery law.

In a truly stunning talking point on a White House “fact sheet” seen by The Independent, the Trump administration seemed to be giving the green light to bribes as a means of doing business overseas.

Per The Independent:

The fact sheet states the White House view that American corporations are disadvantaged by prohibitions on bribing corrupt foreign officials because such activity is common in international business transactions.

(Expletive deleted!) The American economy thrives partly because its markets are viewed as orderly and (relatively) corruption-free. If doing business in America includes bribing suppliers overseas, guess who will most assuredly lose: American consumers.

Bribing foreign producers will deter market-based behavior that rewards honest competition. Instead, the company most willing to engage in criminal bribery will win the contract. Unbelievable!

Speaking of encouraging bribery, Trump pardoned former Illinois governor Rod Blagojevich, who was convicted of soliciting bribes to fill Barack Obama’s seat in the Senate when Obama was elected president. See CBS Chicago, President Trump officially pardons former Illinois Gov. Rod Blagojevich. (“I didn't know him, other than I believe he was on 'The Apprentice' for a little while," said President Trump).

Even worse, Attorney General Pam Bondi ordered the US Attorney for the Southern District of New York to dismiss the federal indictment against New York City Mayor Eric Adams. See AP News, Top Justice Department official orders prosecutors to drop charges against New York Mayor Eric Adams. (“[I]n a remarkable departure from long-standing norms, [the DOJ argued] that the case was interfering with the mayor’s ability to aid the president’s crackdown on illegal immigration.”)

But here is a ray of hope amidst the sudden collapse of the legal profession in the Trump administration: The American Bar Association released a statement calling on lawyers to uphold the rule of law! Read the entire statement here: The ABA supports the rule of law.

The statement says, in part,

Moreover, refusing to spend money appropriated by Congress under the euphemism of a pause is a violation of the rule of law and suggests that the executive branch can overrule the other two co-equal branches of government. This is contrary to the constitutional framework and not the way our democracy works. The money appropriated by Congress must be spent in accordance with what Congress has said. It cannot be changed or paused because a newly elected administration desires it. Our elected representatives know this. The lawyers of this country know this. It must stop. [¶¶] We urge every attorney to join us and insist that our government, a government of the people, follow the law. It is part of the oath we took when we became lawyers. Whatever your political party or your views, change must be made in the right way. Americans expect no less.

Well done and well said! We need other organizations and leaders to follow the example of the ABA!

Robert B. Hubbell Newsletter