#the great financial crisis of 2023

[peppers-ghost-posts]

Banks are predatory scum

[mostlysignssomeportents]

The CFPB is genuinely making America better, and they're going HARD

On June 20, I'm keynoting the LOCUS AWARDS in OAKLAND.

Let's take a sec here and notice something genuinely great happening in the US government: the Consumer Finance Protection Bureau's stunning, unbroken streak of major, muscular victories over the forces of corporate corruption, with the backing of the Supreme Court (yes, that Supreme Court), and which is only speeding up!

A little background. The CFPB was created in 2010. It was Elizabeth Warren's brainchild, an institution that was supposed to regulate finance from the perspective of the American public, not the American finance sector. Rather than fighting to "stabilize" the financial sector (the mission that led to Obama taking his advisor Timothy Geithner's advice to permit the foreclosure crisis to continue in order to "foam the runways" for the banks), the Bureau would fight to defend us from bankers.

The CFPB got off to a rocky start, with challenges to the unique system of long-term leadership appointments meant to depoliticize the office, as well as the sudden resignation of its inaugural boss, who broke his promise to see his term through in order to launch an unsuccessful bid for political office.

But after the 2020 election, the Bureau came into its own, when Biden poached Rohit Chopra from the FTC and put him in charge. Chopra went on a tear, taking on landlords who violated the covid eviction moratorium:

https://pluralistic.net/2021/04/20/euthanize-rentier-enablers/#cfpb

Then banning payday lenders' scummiest tactics:

https://pluralistic.net/2022/01/29/planned-obsolescence/#academic-fraud

Then striking at one of fintech's most predatory grifts, the "earned wage access" hustle:

https://pluralistic.net/2023/05/01/usury/#tech-exceptionalism

Then closing the loophole that let credit reporting bureaus (like Equifax, who doxed every single American in a spectacular 2019 breach) avoid regulation by creating data brokerage divisions and claiming they weren't part of the regulated activity of credit reporting:

https://pluralistic.net/2023/08/16/the-second-best-time-is-now/#the-point-of-a-system-is-what-it-does

Chopra went on to promise to ban data-brokers altogether:

https://pluralistic.net/2024/04/13/goulash/#material-misstatement

Then he banned comparison shopping sites where you go to find the best bank accounts and credit cards from accepting bribes and putting more expensive options at the top of the list. Instead, he's requiring banks to send the CFPB regular, accurate lists of all their charges, and standing up a federal operated comparison shopping site that gives only accurate and honest rankings. Finally, he's made an interoperability rule requiring banks to let you transfer to another institution with one click, just like you change phone carriers. That means you can search an honest site to find the best deal on your banking, and then, with a single click, transfer your accounts, your account history, your payees, and all your other banking data to that new bank:

https://pluralistic.net/2023/10/21/let-my-dollars-go/#personal-financial-data-rights

Somewhere in there, big business got scared. They cooked up a legal theory declaring the CFPB's funding mechanism to be unconstitutional and got the case fast-tracked to the Supreme Court, in a bid to put Chopra and the CFPB permanently out of business. Instead, the Supremes – these Supremes! – upheld the CFPB's funding mechanism in a 7-2 ruling:

https://www.scotusblog.com/2024/05/supreme-court-lets-cfpb-funding-stand/

That ruling was a starter pistol for Chopra and the Bureau. Maybe it seemed like they were taking big swings before, but it turns out all that was just a warmup. Last week on The American Prospect, Robert Kuttner rounded up all the stuff the Bureau is kicking off:

https://prospect.org/blogs-and-newsletters/tap/2024-06-07-window-on-corporate-deceptions/

First: regulating Buy Now, Pay Later companies (think: Klarna) as credit-card companies, with all the requirements for disclosure and interest rate caps dictated by the Truth In Lending Act:

https://www.skadden.com/insights/publications/2024/06/cfpb-applies-credit-card-rules

Next: creating a registry of habitual corporate criminals. This rogues gallery will make it harder for other agencies – like the DOJ – and state Attorneys General to offer bullshit "delayed prosecution agreements" to companies that compulsively rip us off:

https://www.consumerfinance.gov/about-us/newsroom/cfpb-creates-registry-to-detect-corporate-repeat-offenders/

Then there's the rule against "fine print deception" – which is when the fine print in a contract lies to you about your rights, like when a mortgage lender forces you waive a right you can't actually waive, or car lenders that make you waive your bankruptcy rights, which, again, you can't waive:

https://www.consumerfinance.gov/about-us/newsroom/cfpb-warns-against-deception-in-contract-fine-print/

As Kuttner writes, the common thread running through all these orders is that they ban deceptive practices – they make it illegal for companies to steal from us by lying to us. Especially in these dying days of class action suits – rapidly becoming obsolete thanks to "mandatory arbitration waivers" that make you sign away your right to join a class action – agencies like the CFPB are our only hope of punishing companies that lie to us to steal from us.

There's a lot of bad stuff going on in the world right now, and much of it – including an active genocide – is coming from the Biden White House.

But there are people in the Biden Administration who care about the American people and who are effective and committed fighters who have our back. What's more, they're winning. That doesn't make all the bad news go away, but sometimes it feels good to take a moment and take the W.

If you'd like an essay-formatted version of this post to read or share, here's a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2024/06/10/getting-things-done/#deliverism

[tiredguyswag]

one of those masterposts for Sudan 🇸🇩

Disclaimer: I am not Sudanese, and am in no way an expert on the ongoing crisis. Corrections, if any, are welcome.

LAST UPDATED: 8th October 2024 [Please try to reblog the original post as much as possible]

~

So what's going on in Sudan? Sudan was under the rule of the military dictator Omar Al-Bashir for thirty years. He came to power through a military coup in June 1989. His rule saw extreme economic decline, repression, and conflict. In the December of 2018, a democratic revolution began that eventually overthrew the dictatorship on April 11, 2019, and saw the beginning of a military rule by militant parties SAF (Sudanese Armed Forces) and RSF (Rapid Support Forces). This unrest is, of course, funded by western governments.

On the 15th of April, 2023, fighting broke out in Khartoum between the SAF and RSF. Clashes spread across the nation of Sudan, and the civilian populace is still caught in the middle. According to UN officials, Sudan is in “one of the worst humanitarian nightmares in recent history."

There is an ongoing war in Sudan, and it's getting worse. There is a health crisis along with the humanitarian crisis as well: around 2/3rds of the population do not have access to healthcare services. Around 15-20 millions suffer from hunger. There are 70 non-operational healthcare facilities in conflict zones. Thousands killed, millions displaced, and a dramatic increase in sexual violence and rape cases.

~

Links for Learning Resources:

Hadhreen: Hadhreen started as an initiative by a small group of Sudanese youth in 2015. Since its inception it continued to work in a variety of sectors, most notably Emergency response, health, and in supporting vulnerable groups.

Talk About Sudan: Learn more about what's happening in Sudan and actions you can take. Also has donation links for those who are able.

Keep Eyes On Sudan: A website run by Sudanese diaspora to amplify the calls of the Sudanese people. Has donation links, actions you can take, upcoming protests and events, resources, FAQs, etc.

#SudanSyllabus.docx: An extensive and well-sourced document, providing English language resources about Sudanese history. It's really long and has got lots of links to books, articles, and more. Curated by Razan Idris.

Human Rights Watch

~

Donation Links:

List of verified charities providing humanitiarian assistance in Sudan

SudanFunds: Like GazaFunds, it is a compilation of GoFundMes for Sudanese individuals in war zones in need of help.

Help Sudan Tarada Initiative: The aim is to deliver emergency basic needs, food and medicine. Funds will be transferred directly to local charities and organization who are managing those shelters to make sure that the funds are well received and is spent on the needs specified.

One Million Sustainable Pads Campaign: Fundraiser to help provide women in IDPs camps with reusable pads

Zubeyda Adam and family (Sudan)

Our home bombarded and destroyed

Help my family escape Sudan's war

Save a transperson in african Refugee camp from starvation [Unsure about the legibility of this one since its not from the person themself, but if someone can verify this for me that would be great]

Hope For Sudan

Darfur Women Action

Doctors Without Borders

Fill A Heart: Financial Assistance to Sudanese Hospitals

Hometax: Sudan Relief

Cairo Sudan Aid

Amal For Women

Sudan Solidarity Collective

Sadagaat

UNICEF

~

These are all the links I have so far. Please spread awareness about Sudan! Let me know if there are any links I should add to the post and I will update it.

[schoolhater]

Requesting financial assistance for a displaced family to return to their home Today we appeal to you to show solidarity with a displaced family who is experiencing great difficulties in returning to their home. This family was displaced due to difficult circumstances, and now faces major challenges due to the rise in diesel prices, making it impossible for them to bear the transportation costs and return to their place. The high cost of transportation due to the high cost of fuel has become a major obstacle to this family’s return to their normal lives. We need your help to provide financial support that will enable them to return to their original place of residence We hope that you will cooperate with us to help this family get through this crisis, and every small donation can make a big difference in their lives.

this is the most recent update from siraj @siraj2024, regarding his family of 24 that has been displaced over 7 times since october 2023 and now wishes to return home. siraj tried to fundraise for survival and lost over $27,000 usd when gofundme deleted his family's campaign. not only does he need to recoup this money for daily living costs, but he needs to catch up to the price of fuel which has increased exponentially due to israel's blockade limiting supplies. without a source of income, he turns to the rest of the world for support.

vetted on line 219

donate here

[coreydoras]

Another free way to help Palestine besides daily clicks

If anyone is looking for another free way to give to Palestine, FreeRice.com is a little trivia site that gives the financial equivalence of 10 grains of rice per correct answer on multiple choice questions. If you live in the US, you may have played it in school. It only takes around 10 seconds to answer a question and there are lots of different categories.

So if you're ever looking to pass time, learn, or just have a bit of fun, you can just go to this site. I figure I'd share since I have been doing a bit of research into more ways to help for free. More info under the cut that goes into details to avoid extremely long post.

Read this!: The organization is helping other countries in need as well (which is great too) so not every single "grain" is going directly to Palestine. The website is owned by the UN World Food Programme, which is where all proceeds are going. They focus on countries in crisis. You can click here to see what countries they are currently helping. Here is also their 2023 annual report for their work in Palestine.

any comments about the inefficiency will be blocked because it is not the point of the post. the point is that its a free way to help. not everyone can donate and it's not up to people outside of palestine to decide what ways are worth it or not. its still aid going to real people with no choice and you'd have to be really self centered if you think its not worth peoples time. If you can donate to gofundmes and organizations, please do.

I encourage you to read up more on the org if you'd like to know more. I cannot tell you how much 10 grains of rice is worth, but on their wikipedia page, it says it takes about 19,200 grains of rice to feed one adult in a day, you can kind of gauge it based on that. Just like the clicks, it adds up with everyone else's. It has been pretty active since the site's conception in 2007, and still has lots of daily activity, so it will add up. I can't answer further questions and have said what I could find. Any corrections or additional info are appreciated.

[seafoamreadings]

week of december 10th, 2023

these are written predominantly for the *rising* signs but they are also intuitively "channeled" enough that they should work for any dominant energy you have! (try your sun if you don't know rising, or more advanced readers can try moon, anywhere you have a stellium, etc and see what works best for you!)

aries: you're in for a week that's a bit chaotic, but mostly in a good way. i've often said that although aries is represented by a ram it's got more of a baby goat energy, which definitely involves a lot of chaos. it's you, so go forth and thrive in it!

taurus: this is a great time for philosophical pursuits. the big key will be remaining receptive. if you're not open to receiving new knowledge, you'll doom yourself to remain in ignorance, which is not auspicious these days. so whatever piques your intellectual interest, approach it with an open beginner's mind.

gemini: upheaval in your closest relationships is on the menu this week, especially ones in which you share resources, split rent, or get tax benefits. upheaval isn't always bad but it isn't always fun either.

cancerians: the new moon in sagittarius is a good time to set intentions around health and wellness, routines and rituals, and your daily life and work. so if you're the type who sets new year's resolutions, consider doing that a smidge early and starting at least to plan it out with this moon! plus a mercury retrograde beginning this week affects your committed partnerships for the next month or so.

leo: sagittarian activity all week including a new moon zests up your fun and romantic life. be creative and glamorous. meanwhile mercury retrograde can throw your routines for a loop, so try to be flexible about such things.

virgo: this is a great week for you to make changes around your home, welcome a new roommate or pet, decorate, etc. meanwhile for you, this IS the type of mercury retrograde that 'brings exes back,' so be prepared for that. you ARE allowed to talk to them but make sure that's something you actually would WANT before the 'opportunity' arises... or slaps you in the face, as the case may be. plan before acting! stick to your boundaries!

libra: while many don't think of librans as particularly intellectual beings, you know otherwise and it shows during a week like this one. you consume information voraciously and store it away for critical analysis and beneficial applications at a later time. a mild chaos in the home may occur but fortunately, you know just how to handle it and prevent a crisis.

scorpio: money goals are blessed from this new moon. but you will need to consciously avoid debt, forgive others what they might owe you, and strive for financial independence. meanwhile communication errors are likely in writing, so double check texts and emails before sending. maybe triple check them. maybe don't send them at all if possible. avoid signing contracts if you can.

sagittarius: new moons in your sign are glow up vibes, but also come with some shaking up in your relationships with others. try to let that be novelty rather than disagreements. your mercury retrograde warning this time around is to watch your money, be prepared to call your bank to resolve errors, and maybe wait until february or so for major purchases or serious accounting that isn't strictly necessary.

capricorn: although you can get through and over anything, it's not always fun to have to. but this is not an easy week for capricorns, as a mercury retrograde occurs in your sign immediately after a 12th house new moon. set spiritual intentions from the beginning of the week, knuckle down and strive onward but don't expect perfection or swiftness. be proud of yourself just for carrying on!

aquarius: this week's new moon and broader sagittarian vibes are great for your social life and any networking you need or want to do. you're friendly and people want to be around you! at the same time, though, mercury retrograde in your 12th house can tend to at least partially cancel out this vibe, making things seem a bit gloomy, maybe fixating you on surmounting an obstacle of some kind.

pisces: old friends, new friends, fictional friends, friends you only know from the dream realm all have the potential to resurface or disappear under this week's influences. you transcend time of course, so this need not be a huge worry for you, although small comings and goings can be emotional in the moment. feel it and let it pass through you, then continue. be on the lookout for helpful people who don't seem real. they may not be, but the help they provide is.

[mariacallous]

America returned to limited deposit insurance and the sky didn’t fall; heck, few noticed. First National Bank of Lindsay Oklahoma failed on October 18, 2024, the first bank to fail with uninsured depositors taking losses since the most recent cycle of bailouts began with Silicon Valley Bank (SVB) in March 2023. Here is why we should commend the Federal Deposit Insurance Corporation (FDIC) for following the law which prioritizes protecting ordinary Americans and resolving banks in the least costly manner; why we should celebrate the return of true bank failures; and why we should resist the temptation to bail out uninsured depositors the next time a bigger bank fails.

That a small bank can fail, uninsured depositors can lose money, and a financial panic not ensue ought to give pause to those who defend every bailout as necessary to avoid a greater financial panic. At the same time, we need to have a frank discussion about why bank regulators were OK with a handful of people and businesses in small-town Oklahoma losing money in a bank but not the billionaires and venture capitalists who were bailed out under the guise of protecting small businesses trying to meet payroll when the Federal Reserve, FDIC, and Treasury Department opened the spigots for SVB. Consumer Financial Protection Bureau (CFPB) Director Chopra’s commentary is spot on in diagnosing this problem, but in my opinion, calls for the wrong solution of extending greater deposit insurance. Instead, we need to stop bailing out the wealthy and well-connected and instead operate a banking system in which not all deposits at the bank are insured.

Banks failing is the norm. At least one bank failed every calendar year since the FDIC was created in 1933 until 2005. No bank failing in 2005 and 2006 was the signal that the financial system was dangerously unstable. After the great financial crisis, the norm returned. Fifty-four banks have failed since 2014 as shown in the chart below. It is a testament to the American financial system’s strength that banks can and do fail and we do not have a crisis.

[tunedtostatic]

Blog updates 2024 edition, or more specifically, one big, potentially very good update: Last year when I did my 2023 blog updates, almost but not quite a year ago now, I said I might be within a month or so of things no longer being in serious crisis/my life being basically okay-adjacent. It is hard to write this even now but it turned out that that didn't work out - things did get better, especially for a chunk of six months in the middle of the year when I had safe housing and things felt wonderful compared to the last few years, but neither external circumstances nor my own ability to deal with {PTSD, external circumstances, &c} got to the point hoped for where I would be able to say "I'm living a life where things are more or less normal and okay." Even though I never quite reached things being okay-adjacent during that chunk of months and things got not great again end of summer to now, having that time of things being close to almost okay-adjacent was a very important springboard to me for make it to a point now where I might be within reach of actually okay-adjacent.

Right now, what I said last year about potentially being within a month or so of things being basically okay is potentially true again, and I think I have a better shot at it this time for both external reasons and personal "knowing more about what to do to get safe and having my shit together" reasons. I might be within reach of things being okay-adjacent and feeling like I have a real normal life outside of crises (here defined as safe housing, employment, no people hurting me in my immediate vicinity, financial and scheduling ability to manage physical medical issues on a day to day basis while still eating without mental health issues getting in the way of that, clothing in drawers not trash bags, nothing actively medically scary).

If so this will be for the first time since 2018 so of course it's a big deal to me. Right now of course I'm both excited and relieved things might work out soon and terrified that they won't.

Meanwhile (the reason beyond updating that I'm posting this!), as I get ready to fully move into the place that will hopefully be the "safe housing" part of this, it's been really hitting me that even though living a life that is normal-adjacent and okay-adjacent will inherently be orders of magnitude better than the last 5+ years and of course I'm prepared to be extremely grateful for that, I'm still going to have all the grief and emptiness I have now. Even though I will as always be (too) busy in some ways trying to get everything done in a day while dealing with chronic pain, no longer having so much time soaked up trying to survive whatever the problem of the week or PTSD meltdown of the day is means that I'm going to have hours and hours of empty time to fill every week.

When I talk about loss I know some people's minds will jump to the worst case personal scenarios so I will clarify that I am fortunate that by grief I don't mean the death of an immediate family member, not that kind of grief. A lot of different things - people who have been awful, deaths, horribleness in my neighborhood that was like family, lost time, and all the losses prior to the last few years in some ways since grief doesn't fully go away, and then things like a close friendship breakup last year that is not as painful as any of the above since we are both alive and managed to be kind to each other throughout the breakup but it's still over. It has been hitting me that a lot of the work of grieving everything from the past couple decades, like the work of dealing with PTSD, is what I had to get through these past couple years to have a chance of getting my shit together, but now that I've made enough headway on the work of grieving to be able to have a chance at my life being okay, the losses and emptiness themselves will still be there ("still be gone"?)

If anyone has suggestions for fun stuff to do, book and movie recommendations, &c, it would be a really good time for them! If anyone can recommend social stuff, e.g. friendly good-boundary-having discord servers, that would be amazing. I think y'all know my favorite things in fiction and music (fiddles, writing fanfic that comes to a screeching halt 2-3 times a chapter to talk about food, thoughtful meditations on torture?, swords) but I'm usually down to at least give media outside my wheelhouse a try.

[beardedmrbean]

The Democratic Socialists of America (DSA) are bleeding cash and facing a $2 million deficit, and Representative Ritchie Torres is celebrating.

Torres, a New York Democrat who has been staunchly pro-Israel amid its war with Hamas, expressed his content with recent reports that suggest the DSA's debts have reached the seven-figure mark.

"The DSA is collapsing in real time under the weight of its own antisemitism and extremism," he told The Sun on Monday. "It is fair to say that I will not be mourning its death or attending its funeral."

Newsweek reached out to the DSA via email for comment.

Over the weekend, a report emerged that the DSA—which has led pro-Palestinian protests against the U.S. response to the war—is facing financial headwinds that could result in layoffs. The Bread and Roses caucus in the DSA published a blog post on Thursday confirming those reports and saying while no one wanted to consider such drastic measures, staff costs would have to be reduced given the "great crisis for capital."

The January 18 post said that the DSA is projecting $5 million in income for 2024, but $7 million in expenses.

"That means we eventually need to come up with $2 million to break even," said Alex Pellitteri, Kristin Schall and Laura Wadlin—members of the 2023-2025 DSA National Political Committee from the Bread and Roses caucus.

The DSA leaders said that while the current sociopolitical climate should be a "really favorable time for DSA"—citing the growing support for Palestinians and for labor groups across the nation—the group has "still been treading water, and things are going to get more challenging before they get better."

A November poll from Quinnipiac University found that the number of U.S. voters who sympathize with Palestinians more than Israelis has grown in the wake of the war, although the majority still have more sympathy for Israelis.

"Biden's disastrous policy of fueling Israel's genocide in Gaza has created the kind of space for an independent alternative from the Democratic Party that has not existed since [independent Vermont Senator] Bernie [Sanders]," they said, but Pellitteri, Schall and Wadlin admitted: "We have not had strong figures at the top of the organization to lead with a political vision that inspires people to become committed socialists."

"Working people are inspired to transform the world, but they are doing it elsewhere," the post said.

Torres, whose office has been vandalized by pro-Palestinian protesters, has previously tussled with the DSA over the Middle East. The congressman, who represents the South Bronx, has accused DSA members of promoting antisemitism by supporting a Manhattan rally that was held in the wake of the October 7 Hamas attacks on Israel. "The NYC-DSA is revealing itself for what it truly is—a deep rot of antisemitism," Torres said in an October 8 statement. "The DSA should be universally condemned for its genocidal celebration of Israel's destruction in the wake of Israel's deadliest terrorist attack." In response, the DSA has held several protests outside his office.

Torres is not the only Democrat at odds with the organization since the fighting broke out in the Gaza Strip.

Representative Shri Thanedar, a Michigan Democrat, renounced his membership in the DSA after the October rally, saying: "I can no longer associate with an organization unwilling to call out terrorism in its form." The DSA has emphasized that it did not organize the rally but acknowledged that the New York City chapter promoted the event "in anticipation of escalatory violence to come" after October 7.

In the Hamas attack that triggered the war, some 1,200 people were killed and Hamas and other militants abducted about 250 people, according to the Associated Press. Israel subsequently launched its heaviest-ever air strikes on Gaza. As of Monday, at least 25,295 people have been killed in Gaza and more than 60,000 wounded, according to the Gaza Health Ministry, the AP said.

While Torres blamed the gap in funding on the DSA's outspoken position on the Israel-Hamas war, the Bread and Roses members pointed to mismanagement from top directors in the organization.

In Thursday's blog post, the DSA leaders said that senior staffers had withheld essential information from elected leaders and imposed their own political objectives that hindered the DSA from achieving its ultimate goal of "a rupture with capitalism."

"As a result, we are now left holding the bag and tasked with cutting expenses just to keep the organization afloat," they said. "It's our responsibility now to learn from our mistakes: not reckoning soon enough with a downturn in enthusiasm, and failing to understand that as a sign that we were not serving our role to champion independent politics as a socialist organization in a time of great crisis for capital."

[greensparty]

Remembering David Johansen and Joey Molland

Sad weekend for music fans as we lost two legends. I'm listening to a ton of New York Dolls and Bandfinger this week! Here is my combined remembrance:

Remembering David Johansen 1950-2025

Sad news that singer / actor David Johansen has died at 75. Just a few weeks ago he announced that he had terminal cancer and needed some financial assistance with medical bills and there was an outpouring of support.

He was the singer for seminal early punk pioneers New York Dolls. If you haven’t listened to the band’s 1973 self-titled album, go listen to it right now. It completely laid the ground work for punk and metal that followed. Saddest of that you look at that lineup of NYD and now they are all gone: Johnny Thunders died in 1991, Jerry Nolan died in 1992, Arthur "Killer" Kane died in 2004, Sylvain Sylvain died in 2021 and now Johansen. After the band's initial run until 1975, Johansen began a solo career. He was friends with Aerosmith and Joe Perry played on Johansen's 1978 debut. One song that Steven Tyler was co-writing with Johansen "Sight for Sore Eyes" made its way onto Draw the Line. Great song! They were also intertwined in that Johansen's first wife Cyrinda Fox and he married in 1977 and in 1978, she left him for Steven Tyler (their daughter is Mia Tyler). In the 1980s, Johansen reinvented himself as Buster Poindexter, a swing singer completely different from NYD. He made multiple appearances on SNL and had a hit with "Hot Hot Hot", which gets played at just about ever wedding and bar mitzvah you go to even today, and "Zat You Santa Claus?". In 2004, NYD reunited to the surprise of fans everywhere. In 2004, I attended Little Steven’s Underground Garage Festival at Randall’s Island in NYC and the newly reunited New York Dolls were one of the headliners. It was about two months after bassist Arthur “Killer” Kane had died (check out the documentary about him New York Doll if you haven’t seen it), but the band sounded great. Glad I got to see them with Johansen and Sylvain when I did. The NYD actually put out more albums from the 00s to 10s than they did in the 70s. Kind of cool to see they had a second act.

Johansen and Scorsese in 2023

In the mid-80s, Johansen began a long acting career as well. Beginning with an appearance on Miami Vice, as the Priest in Jonathan Demme's Married to the Mob, the Ghost of Christmas Past in Scrooged, Tales from the Darkside: The Movie (I can never un-see his final scene in the Cat from Hell segment), 200 Cigarettes, and on A Very Murray Christmas. In 2023, Martin Scorsese and David Tedeschi did an excellent documentary about Johansen Personality Crisis: One Night Only, which I included in my Best Documentaries of 2023 list.

The link above is the obit from Hollywood Reporter.

Remembering Joey Molland 1947-2025

Musician Joey Molland has died at 77. He was the singer / guitarist / keyboardist for Badfinger. Much like Johansen and the New York Dolls, Molland was the last of the classic early 70s lineup.

The band started out as The Iveys. Then in 1968, they signed to The Beatles’ record label Apple Records. They were pals with The Beatles and Paul McCartney even collaborated on some of their tunes. Molland joined when they became Badfinger in 1969. Between 1969 and 1972, they had a string of power pop hits: “come and get it”, “no matter what”, “day after day” and of course, “baby blue”. Check out No Dice and Straight Up if you haven't. The band broke up following leader Peter Ham’s suicide in 1975. They’ve reunited here and there since then. Molland started Joey Molland's Badfinger in 1981. I'm kinda kicking myself for having missed seeing him live when I had the chance.

It is also worth noting that in addition to Badfinger, Molland was a part of George Harrison's Concert for Bangladesh, played acoustic guitar on Harrison's All Things Must Pass album (check out my review of the 2021 reissue), and he also played on John Lennon's Imagine album too. Not too bad to appear on both Harrison and Lennon's best solo albums!

Molland

In 2013, after Badfinger's "Baby Blue" was featured in the finale of Breaking Bad, I wrote a piece (an early blog piece here) praising Badfinger. To my surprise, Badfinger actually liked that on Facebook! In 2021, I got to review Badfinger's No Matter What - Revisiting the Hits, a re-recording of hits with various guests.

The link above is the obit from Ultimate Classic Rock.

[usa-journal]

Jimmy Carter: From Peanut Farmer to Nobel Laureate and Global Humanitarian

Jimmy Carter, the 39th President of the United States, passed away at the age of 100, leaving behind a legacy defined by integrity, humanitarianism, and a deep commitment to service.

A Remarkable Journey Born James Earl Carter Jr. on October 1, 1924, in Plains, Georgia, Carter rose from humble beginnings as the son of a peanut farmer to the nation’s highest office. His early life was shaped by the Great Depression, his staunch Baptist faith, and a sense of duty that led him to serve in the U.S. Navy.

Following his father’s death in 1953, Carter returned to Georgia to revive the struggling family farm, ultimately turning it into a thriving business. His success laid the foundation for his entry into politics, where he began as a local official before advancing to the Georgia Senate and later becoming the state’s governor in 1970.

Champion of Civil Rights As governor, Carter took a bold stand against racial discrimination, declaring in his inaugural address, “The time for racial discrimination is over.” He appointed African Americans to key public offices and symbolically placed a portrait of Martin Luther King Jr. in the state capitol, defying segregationist norms.

The Outsider President Carter launched his presidential campaign in the aftermath of the Watergate scandal, positioning himself as an untainted outsider. His promise to never lie to the American people resonated, and in 1976, he defeated incumbent Gerald Ford to become president.

His administration saw significant achievements, including the Camp David Accords, which brokered peace between Egypt and Israel, and a commitment to environmental conservation. Carter also became the first U.S. president to prioritize climate change, installing solar panels on the White House and advocating for energy conservation.

However, his presidency faced significant challenges, including economic recession, an energy crisis, and foreign policy setbacks such as the Iran hostage crisis and the Soviet invasion of Afghanistan. These issues, combined with his informal leadership style, contributed to his defeat in the 1980 election to Ronald Reagan.

A Legacy Restored After leaving office, Carter embarked on a new chapter of public service that would redefine his legacy. He founded the Carter Center, which became a hub for promoting peace, democracy, and human rights worldwide. In 2002, he was awarded the Nobel Peace Prize for his efforts to resolve international conflicts and combat poverty and disease.

Carter also became an advocate for affordable housing through Habitat for Humanity, personally helping to build and repair thousands of homes. He continued teaching Sunday school in Plains, exemplifying his modest lifestyle and deep-rooted faith.

A Life of Humility and Purpose Carter eschewed the financial opportunities often pursued by former presidents, choosing instead to live in the same modest home he owned before entering politics. His commitment to public service remained unwavering, even as he faced health challenges, including cancer and hip surgery.

In November 2023, Carter mourned the loss of his wife of 77 years, Rosalynn, whom he described as his “equal partner in everything I ever accomplished.”

A Century of Service On his 100th birthday in October 2024, Carter reflected on a lifetime dedicated to bridging divides and uplifting humanity. His political philosophy, rooted in his faith, emphasized the inseparability of moral conviction and public duty.

“You cannot divorce religious belief and public service,” Carter once said. “If you violate one, you violate the other.”

Jimmy Carter’s extraordinary life serves as a testament to the power of integrity, compassion, and perseverance in shaping a better world.

[darkmaga-returns]

What is being ignored by the mainstream media are the dangers facing the global economy

Dec 03, 2024

On the economic front, it is more of the same, but just a different day.

The U.S. equities keep riding high following the re-election of Donald Trump.

While there are fears that his tariff policies will have negative effects on the economy, at this point, it is a guessing game.

The same with his plans to cut taxes. Will the richest Americans reap the biggest rewards like his last cuts in 2017, or will We the People of Slavelandia get a cut?

What is being ignored by the mainstream media are the dangers facing the global economy.

Economies were artificially propped up with trillions of dollars in fake money backed by nothing and printed on nothing, plus negative and zero interest rate policies, are now suffering from the draconian COVID lockdown policies imposed by politicians that destroyed the lives and livelihoods of billions of people across the planet.

We continue to report on the looming Office Building Bust that will cause Banks to Go Bust.

Need more proof?

The recent four-week office occupancy rate of the largest 10 cities in the U.S. was, according to Kastle Systems, down to 40.6 percent. Much of the decline was a result of the Thanksgiving holiday, but overall, for the year, the average is around 50 percent, while the vacancy rate, meaning empty office buildings, is at around 20 percent.

As of last week, the delinquency rates on commercial mortgage-backed securities (CMBS) was at 10.4 percent, up one percent in November, hitting its fastest spike in two years... the depth of the COVID War lockdowns.

According to Trepp data, the current CMBS delinquency rate is just .3 percent below the 10.7 percent spike during the Panic of ’08 Great Recession.

Illustrating the danger ahead, but again banned by the mainstream media, was the 31 October 2024 article in Wall Street on Parade, New York Fed Report: 27 Percent of Bank Capital Is “Extend and Pretend” Commercial Real Estate Loans... which in part states the dire office building crisis as a result of the vacancy rates and how it is being covered up.

They quote a paper written by Matteo Crosignani, financial research advisor at the New York Fed, and Saketh Prazad, a former research analyst at the New York Fed who is now a doctoral student in the Business Economics program at the Harvard Business School who wrote:

“In this paper, using detailed supervisory data, we document that banks have ‘extended-and-pretended’ their distressed CRE mortgages in the post-pandemic period to delay the recognition of losses. Banks with weaker marked-to-market capital—largely due to losses in their securities portfolio since 2022:Q1—have extended the maturity of their impaired CRE mortgages coming due and pretended that such credit provision was not as distressed to avoid further depleting their capital. The resulting limited number of loan defaults hindered the reallocation of capital, crowding out the origination of both CRE mortgages and loans to firms. The maturity extensions granted by banks also fueled the volume of CRE mortgages set to mature in the near term—a ‘maturity wall’ with the associated risk of large losses materializing in a short period of time.”

One of the scariest potential outcomes referenced by the authors is their so-called “maturity wall” when the debt bombs come due and losses pile up suddenly. The authors write this:

“…we document that banks’ extend-and-pretend has led to an ever-expanding ‘maturity wall’, namely a rapidly increasing volume of CRE loans set to mature in the near term. As of 2023:Q4, CRE mortgages coming due within three years represent 27% of bank marked-to-market capital, up 11 percentage points from 2020:Q4—and CRE mortgages coming due within five years represent 40% of bank marked-to-market capital. We show (i) that weakly capitalized banks drive this expansion, consistent with their extend-and-pretend behavior, and (ii) that the maturity wall represents a sizable 16% of the aggregate CRE debt held by the banking sector as of 2023:Q4.

“Taken together, our results highlight the costs of banks’ extend-and-pretend behavior. In the short term, the resulting credit misallocation might slow down the capital reallocation needed to sustain the transition of real estate markets to the post-pandemic equilibrium—for example supporting the conversion of office space into residential units and recreational spaces in large urban areas. In the medium term, the delayed recognition of losses exposes banks (and all other holders of CRE debt) to sudden large losses which can be exacerbated by fire sales dynamics and bankruptcy courts congestion.”

Further illustrating the reality of the looming CMBS debt bomb, today Wall Street on Parade noted that:

“Life insurers continued to allocate a substantial percentage of assets to risky and less liquid instruments, such as leveraged loans, collateralized loan obligations (CLOs), high-yield corporate bonds, privately placed corporate bonds, and alternative investments. Moreover, life insurance companies have material direct exposures to commercial mortgages and are large holders of commercial mortgage-backed securities (CMBS). This exposure to illiquid and risky assets makes life insurers vulnerable to an array of adverse shocks, including that of an economic downturn or of a significant further deterioration of the CRE [commercial real estate] market.”

TREND FORECAST: Yes, the significant further deterioration of the CRE [commercial real estate] market,” that so few are talking about... a mega trend we warned about when we had forecast the Office Building Bust and its socioeconomic implications.

[mostlysignssomeportents]

'We buy ugly houses' is code for 'we steal vulnerable peoples' homes'

Tonight (May 11) at 7PM, I’m in CALGARY for Wordfest, with my novel Red Team Blues; I’ll be hosted by Peter Hemminger at the Memorial Park Library, 2nd Floor.

Home ownership is the American dream: not only do you get a place to live, free from the high-handed dictates of a landlord, but you also get an asset that appreciates, building intergenerational wealth while you sleep — literally.

If you’d like an essay-formatted version of this post to read or share, here’s a link to it on pluralistic.net, my surveillance-free, ad-free, tracker-free blog:

https://pluralistic.net/2023/05/11/ugly-houses-ugly-truth/#homevestor

Of course, you can’t have it both ways. If your house is an asset you use to cover falling wages, rising health care costs, spiraling college tuition and paper-thin support for eldercare, then it can’t be a place you live. It’s gonna be an asset you sell — or at the very least, borrow so heavily against that you are in constant risk of losing it.

This is the contradiction at the heart of the American dream: when America turned its back on organized labor as an engine for creating prosperity and embraced property speculation, it set itself on the road to serfdom — a world where the roof over your head is also your piggy bank, destined to be smashed open to cover the rising costs that an organized labor movement would have fought:

https://gen.medium.com/the-rents-too-damned-high-520f958d5ec5

Today, we’re hit the end of the road for the post-war (unevenly, racially segregated) shared prosperity that made it seem, briefly, that everyone could get rich by owning a house, living in it, then selling it to everybody else. Now that the game is ending, the winners are cashing in their chips:

https://doctorow.medium.com/the-end-of-the-road-to-serfdom-bfad6f3b35a9

The big con of home ownership is proceeding smartly on schedulee. First, you let the mark win a little, so they go all in on the scam. Then you take it all back. Obama’s tolerance of bank sleze after the Great Financial Crisis kicked off the modern era of corporations and grifters stealing Americans’ out from under them, forging deeds in robosigning mills:

https://www.marketwatch.com/story/us-breaks-down-93-bln-robo-signing-settlement-2013-02-28

The thefts never stopped. Today on Propublica, by Anjeanette Damon, Byard Duncan and Mollie Simon bring a horrifying, brilliantly reported account of the rampant, bottomless scams of Homevestors, AKA We Buy Ugly Houses, AKA “the #1 homebuyer in the USA”:

https://www.propublica.org/article/ugly-truth-behind-we-buy-ugly-houses

Homevestors — an army of the hedge fund Bayview Asset Management — claims a public mission: to bail out homeowners sitting on unsellable houses with all-cash deals. The company’s franchisees — 1,150 of them in 48 states — then sprinkle pixie dust and secret sauce on these “ugly houses” and sell them at a profit.

But Propublica’s investigation — which relied on whistleblowers, company veterans, court records and interviews with victims — tells a very different story. The Homevestor they discovered is a predator that steals houses out from under elderly people, disabled people, people struggling with mental illness and other vulnerable people. It’s a company whose agents have a powerful, well-polished playbook that stops family members from halting the transfers the company’s high-pressure salespeople set in motion.

Propublica reveals homeowners with advanced dementia who signed their shaky signatures to transfers that same their homes sold out from under them for a fraction of their market value. They show how Homevestor targets neighborhoods struck by hurricanes, or whose owners are recently divorced, or sick. One whistleblower tells of how the company uses the surveillance advertising industry to locate elderly people who’ve broken a hip: “a 60-day countdown to death — and, possibly, a deal.” The company’s mobile ads are geofenced to target people near hospitals and rehab hospitals, in hopes of finding desperate sellers who need to liquidate homes so that Medicaid will cover their medical expenses.

The sales pitches are relentless. One of Homevestor’s targets was a Texas woman whose father had recently been murdered. As she grieved, they blanketed her in pitches to sell her father’s house until “checking her mail became a traumatic experience.”

Real-estate brokers are bound by strict regulations, but not house flippers like Homevestors. Likewise, salespeople who pitch other high-ticket items, from securities to plane tickets — are required to offer buyers a cooling-off period during which they can reconsider their purchases. By contrast, Homevestors’ franchisees are well-versed in “muddying the title” to houses after the contract is signed, filing paperwork that makes it all but impossible for sellers to withdraw from the sale.

This produces a litany of ghastly horror-stories: homeowners who end up living in their trucks after they were pressured into a lowball sales; sellers who end up dying in hospital beds haunted by the trick that cost them their homes. One woman who struggled with hoarding was tricked into selling her house by false claims that the city would evict her because of her hoarding. A widow was tricked into signing away the deed to her late husband’s house by the lie that she could do so despite not being on the deed. One seller was tricked into signing a document he believed to be a home equity loan application, only to discover he had sold his house at a huge discount on its market value. An Arizona woman was tricked into selling her dead mother’s house through the lie that the house would have to be torn down and the lot redeveloped; the Homevestor franchisee then flipped the house for 5,500% of the sale-price.

The company vigorously denies these claims. They say that most people who do business with Homevestors are happy with the outcome; in support of this claim, they cite internal surveys of their own customers that produce a 96% approval rating.

When confronted with the specifics, the company blamed rogue franchisees. But Propublica obtained training materials and other internal documents that show that the problem is widespread and endemic to Homevestors’ business. Propublica discovered that at least eight franchisees who engaged in conduct the company said it “didn’t tolerate” had been awarded prizes by the company for their business acumen.

Franchisees are on the hook for massive recurring fees and face constant pressure from corporate auditors to close sales. To make those sales, franchisees turn to Homevana’s training materials, which are rife with predatory tactics. One document counsels franchisees that “pain is always a form of motivation.” What kind of pain? Lost jobs, looming foreclosure or a child in need of surgery.

A former franchisee explained how this is put into practice in the field: he encountered a seller who needed to sell quickly so he could join his dying mother who had just entered a hospice 1,400 miles away. The seller didn’t want to sell the house; they wanted to “get to Colorado to see their dying mother.”

These same training materials warn franchisees that they must not deal with sellers who are “subject to a guardianship or has a mental capacity that is diminished to the point that the person does not understand the value of the property,” but Propublica’s investigation discovered “a pattern of disregard” for this rule. For example, there was the 2020 incident in which a 78-year-old Atlanta man sold his house to a Homevestors franchisee for half its sale price. The seller was later shown to be “unable to write a sentence or name the year, season, date or month.”

The company tried to pin the blame for all this on bad eggs among its franchisees. But Propublica found that some of the company’s most egregious offenders were celebrated and tolerated before and after they were convicted of felonies related to their conduct on behalf of the company. For example, Hi-Land Properties is a five-time winner of Homevestors’ National Franchise of the Year prize. The owner was praised by the CEO as “loyal, hardworking franchisee who has well represented our national brand, best practices and values.”

This same franchisee had “filed two dozen breach of contract lawsuits since 2016 and clouded titles on more than 300 properties by recording notices of a sales contract.” Hi-Land “sued an elderly man so incapacitated by illness he couldn’t leave his house.”

Another franchisee, Patriot Holdings, uses the courts aggressively to stop families of vulnerable people from canceling deals their relatives signed. Patriot Holdings’ co-owner, Cory Evans, eventually pleaded guilty to to two felonies, attempted grand theft of real property. He had to drop his lawsuits against buyers, and make restitution.

According to Homevestors’ internal policies, Patriot’s franchise should have been canceled. But Homevestors allowed Patriot to stay in business after Cory Evans took his name off the business, leaving his brothers and other partners to run it. Nominally, Cory Evans was out of the picture, but well after that date, internal Homevestors included Evans in an award it gave to Patriot, commemorating its sales (Homevestors claims this was an error).

Propublica’s reporters sought comment from Homevestors and its franchisees about this story. The company hired “a former FBI spokesperson who specializes in ‘crisis and special situations’ and ‘reputation management’ and funnelled future questions through him.”

Internally, company leadership scrambled to control the news. The company convened a webinar in April with all 1,150 franchisees to lay out its strategy. Company CEO David Hicks explained the company’s plan to “bury” the Propublica article with “‘strategic ad buys on social and web pages’ and ‘SEO content to minimize visibility.’”

https://www.propublica.org/article/homevestors-aims-to-bury-propublica-reporting

Franchisees were warned not to click links to the story because they “might improve its internet search ranking.”

Even as the company sought to “bury” the story and stonewalled Propublica, they cleaned house, instituting new procedures and taking action against franchisees identified in Propublica’s article. “Clouding titles” is now prohibited. Suing sellers for breach of contract is “discouraged.” Deals with seniors “should always involve family, attorneys or other guardians.”

During the webinar, franchisees “pushed back on the changes, claiming they could hurt business.”

If you’ve had experience with hard-sell house-flippers, Propublica wants to know: “If you’ve had experience with a company or buyer promising fast cash for homes, our reporting team wants to hear about it.”

Catch me on tour with Red Team Blues in Calgary, Toronto, DC, Gaithersburg, Oxford, Hay, Manchester, Nottingham, London, and Berlin!

[Image ID: A Depression-era photo of a dour widow standing in front of a dilapidated cabin. Next to her is Ug, the caveman mascot for Homevestors, smiling and pointing at her. Behind her is a 'We buy ugly houses' sign.

Image: Homevestors https://www.homevestors.com/

Fair use: https://www.eff.org/issues/intellectual-property

[denimbex1986]

'Following Donna Noble's lengthy absence from Doctor Who, an interesting exchange in one of the 60th-anniversary specials now leaves the door open for her return to the show at any time. In the final 2023 Doctor Who anniversary episode, "The Giggle," a conversation between Donna (Catherine Tate) and another familiar face resulted in an offer that instilled enthusiasm in the companion of David Tennant's Tenth and Fourteenth Doctors.

Donna was first teased at the end of Doctor Who season 2 and then appeared in her first full episode during the Christmas special of 2006, before being replaced for season 3. She returned as the show's main companion for the entirety of season 4, but her story ended in tragedy when the Tenth Doctor had to wipe her memory to save her life. The fact that she couldn't remember the Doctor or any of their adventures together was the reason behind her absence. Now, the 60th-anniversary specials have restored Donna's memories and made it possible for her to become a regular fixture in Doctor Who season 14 and beyond.

Donna Noble Has A Job Working For UNIT After Doctor Who's 60th Anniversary

She made an impression on a familiar face.

The events of Doctor Who's "The Giggle" thrust Donna Noble well and truly back into action. Not only is she once again traveling in the TARDIS with the Doctor, but her typing skills are also called upon by Doctor Who's UNIT. Donna's revelation regarding the notes of the titular giggle representing notes in an arpeggio gets her noticed by senior figures within the military organization. Notably, Donna is approached during a break in the crisis by Kate Lethbridge-Stewart, who asks Donna to consider joining UNIT once events have reached their conclusion.

In true Donna Noble style, she casually demands double the salary offered to her by Kate, along with a healthy holiday allowance. Without taking the time to even consider the counter-proposal, Kate accepts her terms. Her excitement about the job offer is understandable, given the financial issues of Donna Noble's family that were revealed in "The Star Beast," when her husband tells the newly-regenerated Fourteenth Doctor that she donated their lottery winnings to charity.

Donna Noble Returning Would Be Great For Doctor Who Season 14 And Beyond

She is a popular character.

Donna Noble is a strong personality and a capable leader who has learned a great deal from the Doctor about how to keep a level head in a crisis. Not only will she make a great asset to UNIT, but her reintroduction to Doctor Who will also be of great benefit to the show at large. UNIT's involvement in the past has led to some of the best episodes of Doctor Who, but the presence of Donna in future UNIT stories will only improve them further.

Donna's involvement at such a high level within the world of Doctor Who also means the Fourteenth Doctor can stay involved with the show. Although "The Giggle" ends with David Tennant's character in recovery surrounded by his found family, it's unlikely for a character like his to be able to immediately adapt to a life away from the action. As a result, Doctor Who could yet show more adventures with Donna Noble and the Fourteenth Doctor.'

[if-you-fan-a-fire]

Great history of Bob Rae and the NDP in power in Ontario in the early 1990s. My parents still feel betrayed all these decades later. "Deficit mania In its first two years of power, the NDP had brought in important labour law changes, raised the minimum wage, raised welfare rates, invested in housing, and raised taxes on higher income earners. 

At the same time, the government was laying the groundwork for severe austerity. In January 1992, Rae took to television to tell Ontarians there were unsustainable deficits ahead and action needed to be taken. The NDP’s main focus was to get the deficit under control.

Either the NDP was going to push forward real substantive changes to how the economy works and for whom, or it was going to appease the economic forces in power. Rather than take on the big business agenda head-on, the NDP in government was pulled into managing the economy. And, first and foremost, this meant placating business interests and creating a stable climate for investment and business. 

It should be noted that much of the hew and cry about the deficit and impending debt wall was baseless. The government claimed that the deficit would be $18 billion by 1995, an over-the-top projection. The real figure was almost half of that. Ontario still had access to financial markets; there was little concern about its long run debt to GDP ratio. 

The NDP was viciously attacked by the rightwing and under siege from the big business lobby but there is little to suggest that Ontario was facing an actual fiscal crisis. The net debt-to-GDP ratio under the Rae government was lower than any subsequent government in Ontario. 

To get the deficit under control, the NDP opted to not go after the rich and powerful. Both a wealth tax and an inheritance tax were dismissed early on. The NDP was also not going to substantially raise corporate taxes. The government was more comfortable bailing out corporations, opening casinos, and doing big pharmaceutical companies favours, at the taxpayers’ expense.' - David Bush, "Rae Days: Lessons from the Social Contract 30 years later." Spring Magazine. July 7, 2023.

[dreaminginthedeepsouth]

Nick Anderson, RA News

* * * *

Take a deep breath!

December 21, 2023

ROBERT B. HUBBELL

DEC 21, 2023

Opening comment.

After Colorado ruled that Trump could not appear on the state’s presidential ballot, a curious thing happened. People who wished for years that Trump would be held accountable for his crimes suddenly expressed second thoughts, deep reservations, and fear for the future of democracy if the plain words of the Constitution were applied to Donald Trump. Otherwise sober scholars predicted “another Civil War” if the Supreme Court upholds the Colorado decision.

Let’s all take a deep breath. Yes, we are in uncharted territory, but we have the Constitution, legal precedent, and the rule of law to guide us. We live in the world’s largest democracy, which is fueled by the world’s largest economy—twin pillars that create enormous momentum and heft in favor of institutional stability.

We must overcome our irrational fears by grounding our analysis on the terra firma of the Constitution and the history of a nation that has—for more than two centuries—survived civil war, insurrection, depression, financial panic, plague, bigotry, demagoguery, and political corruption. We will make it through this crisis, too—assuming (but not conceding), that applying the Constitution to Trump qualifies as a crisis.  

Below, I review the reservations expressed by many commentators and readers of this newsletter. I also examine some of the legal arguments that may decide the issue of Trump's disqualification from holding office under Section 3 of the 14th Amendment.

The most important point. It is imperative to say the most important thing first: Whatever else happens—and regardless of the result—we must apply the Constitution and the rule of law to Donald Trump in the same way it would be applied to any other citizen. If we fail to do that, we will inflict grievous injury on the Constitution and invite further assaults until “all the laws have been cut down.” If that were to happen, “Do we really think we could stand upright in the winds that would blow then?”  (Paraphrasing Sir Thomas More in A Man for All Seasons by Robert Bolt.)

Every hesitation, reservation, and exhortation to “make an exception” because of potential violence or political chaos is an invitation to abandon the Constitution. We do so at our grave peril and possibly for the first, last, and only time—because if we set our great charter aside once, there is no logical stopping point for setting it aside again when it serves the pleasure of a president who views the Constitution as an obstacle rather than a safeguard.

Addressing the arguments for ignoring Section 3 of the 14th Amendment.

What happened. On Wednesday, voices were raised from many quarters arguing that applying Section 3’s disqualification bar to Donald Trump is a bad idea that should be rejected on practical and political grounds. For example,

RFK Jr. claimed that barring Trump from the ballot would make the nation “ungovernable.”

Lawrence Lessig asserted that barring Trump would result in “a second Civil War.”

The Texas Secretary of State threatened to bar Joe Biden from the Texas ballot if Trump is barred from Colorado’s ballot.

Chris Christie said that “the people should decide” who will be president.

Why it matters. Each of the above arguments, in its own way, suggests that an “exception” should be made to the Constitution because Donald Trump has threatened violence if he does not get what he wants. Those arguments are born of fear and have no place in considering the application of Section 3. If the threat of violence is all it takes to suspend the Constitution, we are lost.

The threat by the Texas Secretary of State falls into its own unique category of MAGA bad faith. It asserts, “If you apply the Constitution as written, we will violate the Constitution by unlawfully barring Joe Biden from the ballot in Texas.” We have heard that argument before in various manifestations—“Democrats shouldn’t take X [lawful action] because Republicans will retaliate.” (See, e.g., impeachment.) If threats of unlawful retaliation are all that it takes to suspend the Constitution, we are lost.

The constitutional bar must be applied to Trump precisely because he resorted to violence in 2020 to overturn the Constitution—and threatens to do so in 2024. Arguing that political or practical realities—including violence—justify suspending the Constitution by giving Trump a “free pass” for insurrection is wrong.

Would it be better to defeat Trump at the ballot box? Define “better.” Who among us believes that Trump's base will accept the legitimacy of a defeat at the ballot box in 2024 any more than they accept the legitimacy of his loss in the 2020 election? Arguing that we should “let the people decide” because Trump's base won’t accept the legitimacy of a Supreme Court decision barring him from the ballot also amounts to an abandonment of the Constitution. The Constitution deserves better from us.

And let’s be clear: No one is making the argument that Democrats will refuse to accept the legitimacy of the 2024 election if Trump is not barred and defeats Joe Biden. When arguments consist of “The only legitimate election is one in which we win”—the premise of the “let the people decide” argument—we should not treat those arguments seriously. We should, instead, apply the Constitution as written.

A brief review of some of the legal issues raised by the Colorado decision.

What happened. We experienced a blizzard of legal commentary on Wednesday. There were many superb articles, but I will discuss three because they cover a range of reactions and provide some hints at how the Supreme Court will decide the case. Let’s take a look at three articles.

First article: “Calling the originalists’ bluff.”

The reactionary majority on the Supreme Court frequently resorts to “originalist” or “textualist” approaches to the applying the Constitution. Those approaches—although conceptually different—often result in a stilted, mechanistic application of the language of the Constitution as the words were understood when the Constitution and amendments were enacted. (“In theory, originalism is committed to interpreting the Constitution according to its original meaning as it was understood at the time of adoption.”)

Adam Sewer addresses the originalist philosophy of the reactionary majority through the lens of the Colorado ruling barring Trump from the Colorado ballot. See Adam Sewer, The Atlantic, The Colorado Ruling Calls the Originalists' Bluff  (Accessible to all).

Sewer argues that the plain meaning of the text of the Constitution bars Trump from holding federal office because

“The evidence that Trump engaged in the sort of conduct the Fourteenth Amendment was designed to address is overwhelming.” [¶]

“Originalists are not supposed to rule based on the impact of their decisions, a tendency they derisively refer to as “results-oriented judging.” Instead, they are merely supposed to ensure that the law is implemented to the letter, as it was intended to be.”

The text of Section 3 is plain, and a court found that Trump engaged in insurrection (after an evidentiary hearing). If the reactionary majority is true to their judicial philosophy, they will uphold the ruling of the Colorado Supreme Court in short order.

Second article: The argument that Trump is not “an officer” of the United States.

Those who seek to block the application of Section 3 to Donald Trump argue that Trump is not an “officer” of the United States. By its terms, Section 3 applies to anyone who has taken an oath “as an officer of the United States.” The Constitution repeatedly refers to the President as holding “office” and taking “an oath of office.” That should be the end of inquiry because Section 3 is plain on its face; there is no ambiguity.

But Trump supporters argue that an earlier draft of Section 3 explicitly referred to “the President” and that the later omission signals a clear intent to exempt the president from Section 3’s disqualification provision. The problem with that argument is that it is not based on the text of the Constitution but on something omitted that appeared in an earlier draft.

Lawrence Lessig argues that the omission of the term “the President” from Section 3 as enacted is clear evidence of the Drafters’ intent that the term “officer” in Section 3 does not include the President of the United States. See Lawrence Lessig in Slate, The Supreme Court must strike down Trump’s ballot removal.

Lessig writes:

“The puzzle in Section 3 is that it seems as if the framers of that text were just sloppy in their enumeration. The clause bars insurgents from being “a Senator or Representative in Congress, or elector of President and Vice President, or [to] hold any office, civil or military, under the United States, or under any State.” The obvious question is why they would enumerate “Senator or Representative” — not to mention “elector of President” — but not the president.” “Defenders of the Section 3 argument suggest this was a mere drafting error but that the clause applies to the president nonetheless, since the president occupies an “office … under the United States.” And in any case, these lawyers argue, it would be “absurd” to read the clause to apply to every elected official, including electors for president, but not the president.”

I believe Lessig is wrong—because he would ignore the plain text of the Constitution and instead rely on something not included in the Constitution to change the meaning of its unambiguous words. Moreover, if the Supreme Court were to examine the reason the Drafters excluded the term “the President,” the Court would find that the Drafters omitted the term “the President” because they believed it was encompassed in the term, “officer.”

Third article: Even the dissenters in the Colorado ruling agree that Trump engaged in insurrection and is an officer of the United States.

George Conway III wrote an article for The Atlantic entitled Don't Read the Colorado Ruling. Read the Dissents. Conway convincingly demonstrates that although the Colorado ruling was split 4-3, even the dissenters agreed with the majority’s key rulings that Trump engaged in insurrection and is an officer of the United States.

Conway writes,

“The dissents were gobsmacking—for their weakness. They did not want for legal craftsmanship, but they did lack any semblance of a convincing argument.” “For starters, none of the dissents challenged the district court’s factual finding that Trump had engaged in an insurrection. None of the dissents seriously questioned that, under Section 3 of the Fourteenth Amendment, Trump is barred from office if he did so. Nor could they. The constitutional language is plain.” [¶] “And the dissenters didn’t even bother with the district court’s bizarre position that even though Trump is an insurrectionist, Section 3 doesn’t apply to him because the person holding what the Constitution itself calls the “Office of the President” is, somehow, not an “officer of the United States.”

As Conway notes, the dissents relied on a provision of state law they claim stripped the Colorado court of authority to decide the question of Trump's eligibility. The three dissenters lost on that point and—this is important—the US Supreme Court will not review a state court’s interpretation of state law. So, the dissents offer no hope for Trump on appeal to the US Supreme Court.

Two more points worth considering.

First point: The distinction between “appearing on the ballot” and “disqualification from holding federal office.”

Section 3 imposes disqualification from holding federal office. It says nothing about appearing on a state ballot for president—a decision firmly committed to state legislatures and courts.

The ruling in Colorado was that Trump cannot appear on the state ballot. A different state might conclude that Trump can appear on its ballot. Thus, there could be a patchwork of state rulings about appearing on a presidential ballot in elections run by states. That might seem like it invites chaos, but it does not.

If the US Supreme Court affirms the ruling that Trump engaged in insurrection and is an officer of the United States, he is barred from holding federal office—without regard to his appearance on state ballots, any “victories” he may win in those states, or any “electoral votes” he may secure.

The disqualification from federal office is absolute; it supersedes other provisions of the Constitution, and it can be enforced by an injunction prohibiting Trump from being sworn in as president.

Could that situation result in a constitutional stand-off? Sure! But if the Supreme Court rules that Trump is disqualified, it will also issue ancillary relief to prevent him from assuming office. At that point, the executive branch, the judicial branch, and the military will follow the ruling of the US Supreme Court.

Second point: Democrats are not responsible for the complicated judicial and political questions that have emerged from Trump's decision to run for president after attempting a coup.

Josh Marshall wrote the following in Talking Points Memo:

“Whatever complaints Trump or anyone else might have about this, it’s the logical and inevitable result of trying to overthrow the United States government. Don’t want the hassle? Don’t try to overthrow the state. In other words, he brought it on himself. His problem, not ours.”

I would add to Marshall’s list that we are in this pickle because Republicans refused to convict Trump in the Senate on two occasions despite his manifest guilt. Republicans have been hanging back and badmouthing Trump behind his back while hoping Democrats will finally end Trump's political aspirations. Now that Democrats are on the cusp of doing so, any protestations by Republicans are theatrical—as in “theater of the absurd.”

Concluding Thoughts.

There is oh-so-much more to discuss, but I felt it was important to address the disqualification in detail so we have a foundation to process future developments.

How will this situation resolve itself? In a just world, the Supreme Court would affirm Colorado’s ruling and declare that Trump is disqualified from holding federal office. But there are multiple “offramps” that might allow the Court to uphold the gist of Colorado’s ruling (and the plain language of the Constitution) while still allowing Trump to remain eligible to hold federal office.

For example, the Court might rule that the trial proceeding in Colorado did not provide sufficient due process to Trump. I disagree, but several commentators have suggested that conclusion as a face-saving device for the Court to duck the hard question without inflicting (additional) major damage to its legitimacy.

Because the legal issue is out of our hands, the best advice (from readers in yesterday’s Comments section) is to stay the course, get out the vote, and plan to beat Trump at the ballot box by a landslide in 2024. The antidote to anxiety is action. Rarely has that advice been more apt. We can beat Trump. We have done so before; we can beat him again!