Senate

McCarthyism refers to the anti-communist political repression and paranoia that swept the United States in the 1940s and 1950s, beginning during the tenure of its originator: Republican Senator Joseph McCarthy from Wisconsin. It was a period of intense fear and suspicion of communism during the Cold War that manifested in government investigations, trials, and blacklisting of individuals suspected of being communists or communist sympathizers. The era was marked by a pervasive fear of subversion and betrayal, as many Americans believed that communists were working to infiltrate and undermine American institutions.

The roots of McCarthyism can be traced back to the early 20th century, when communism was viewed as a major threat to Western democracy. The Russian Revolution of 1917 and the rise of the Soviet Union fueled anti-communist sentiment in the United States, which intensified during the Red Scare of the 1920s. However, it was not until after World War II that anti-communist fervor reached its peak.

National anti-communist paranoia

In 1947, President Harry S. Truman issued Executive Order 9835, which established a loyalty program for federal employees. The program required all federal employees to undergo a background check and sign a loyalty oath, swearing that they were not members of the Communist Party or affiliated with any other subversive organization. The program was intended to weed out any suspected communists from the federal government, but it soon became the basis for a broader campaign of anti-communist witch-hunts.

In 1950, Senator Joseph McCarthy rose to national prominence with his claims of widespread communist infiltration in the federal government. In a speech in Wheeling, West Virginia, McCarthy claimed to have a list of 205 known communists in the State Department. He provided no evidence to support his claim, but the speech propelled him to the national spotlight and began a period of intense media fascination with the Senator’s provocative claims.

Over the next several years, McCarthy became the face of the anti-communist crusade. He chaired the Senate Permanent Subcommittee on Investigations and conducted public hearings and investigations into suspected communist activity. Many of his targets were innocent, and his tactics often included intimidation, character assassination, and guilt by association.

Army-McCarthy hearings

McCarthy’s tactics eventually led to his downfall. Between April and June of 1954, he conducted televised hearings to investigate alleged communist influence in the Army. The hearings were a disaster for McCarthy, as he made unfounded accusations and engaged in verbal attacks on witnesses. As the hearings progressed, McCarthy’s behavior became increasingly erratic and confrontational. He bullied and intimidated Army officials and witnesses, often interrupting them and accusing them of lying. His behavior turned public opinion against him, and the hearings marked the beginning of his decline.

The turning point of the hearings came when Army counsel Joseph Welch famously confronted McCarthy after he had attacked a young lawyer in Welch’s law firm:

“Senator, you’ve done enough. Have you no sense of decency, sir, at long last? Have you left no sense of decency?”

Joseph N. Welch, Army chief counsel
Taking down Senator Joe McCarthy and McCarthyism

The exchange was a defining moment in the hearings, and it marked the beginning of the end for McCarthy’s political career after millions of Americans witnessed his aggressive demagoguery. In fact it went on to become one of the most famous moments in the history of congressional hearings, and is often cited as an example of the power of a well-timed and well-delivered rhetorical response.

The hearings ultimately failed to uncover any evidence of communist infiltration in the Army, but they did expose McCarthy’s reckless and abusive tactics and damaged his reputation. They also demonstrated the power of televised hearings in shaping public opinion and holding government officials accountable.

Historical influence of McCarthyism

McCarthyism had far-reaching consequences for American society. Thousands of people were investigated, blacklisted, and lost their jobs or were denied employment on suspicion of being communist sympathizers. The entertainment industry was particularly hard hit, with many actors, writers, and directors being blacklisted for their political beliefs. The unfounded smears against Hollywood contributed to a negative sentiment on the right-wing that continues even to this day.

The era of McCarthyism also had a chilling effect on free speech and political dissent. Many people were afraid to express their opinions or engage in political activism, for fear of being labeled a communist or communist sympathizer. The era demonstrated the dangers of political repression and the importance of protecting civil liberties and freedom of expression.

McCarthyism was a dark period in American history that was characterized by political repression, paranoia, and fear of communism. It was fueled by the perceived threat of subversion and betrayal, and it led to the persecution of innocent people, the erosion of civil liberties, and a chilling climate of fear and suspicion. The legacy of McCarthyism serves as a cautionary tale about the dangers of political repression and the importance of protecting free speech and civil liberties in a democracy.

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The American Founders, by me and Midjourney

The Founders meant for the republic to be agile in philosophy — always changing to meet the new demands of the next generations. They meant for us to be self-governing, and empowered to create policy for problem-solving in new eras they themselves could not even conceive of. Thomas Jefferson wrote forewarningly of the Dead Hand of the Past and how critical it would be to not remain trapped by it. The Founders were agile not in the sense of software development (obviously!), but in the same spirit: they embraced responding to change over following a plan, and in continuously uncovering ways to develop a more perfect union.

Conservative ideology on the other hand — and in particular, Originalism — flouts the actual intentions of the Framers while cloaking itself in nationalist symbology. It tries to claim that our modern hands are tied by the dead ones of the past. The Originalist doctrine currently holding sway at The Supreme Court, The Federalist Society, and the majority of right-wing judiciary maintains that the best we can do is peer feebly into the distant past and try our best to squeeze ourselves into the minds of the men who inked our Constitution some 235 years ago.

The Founders wrote things. A lot of things.

Leaving aside for a moment the impracticality of that theory as an actual practice of interpreting the law, some consideration of materials on hand shows us that we needn’t go to all that trouble in the first place — why? Because the Founders left a lot of writings behind about exactly what they meant, and the principles they were thinking about, at the time of the nation’s founding and the drafting of our Constitution.

Continue reading The Founders were agile
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The $1.9 trillion covid relief package that passed the Senate this weekend is a major legislative victory just 6 weeks into Biden’s term. The American Rescue Plan will give his Presidency and Democrats in the 117th session of Congress a huge boost — in enacting more of Biden’s agenda, in the economy, in replenishing strained state and local coffers, and in giving the Democrats 100% of the credit for the hope, the recovery, and the return to normalcy for hundreds of millions of Americans. Senator Sanders called it the “most significant piece of legislation to benefit working people in the modern history of this country” — and he’s a tough one to please!

Of course, the right wing is churning out its usual disinformation machine around the contents of the bill. Zero Republicans voted for it, which puts them on record indelibly forever as voting against relief checks, against pandemic assistance, against schools reopening, against… everything of most relevance to most people at this time, according to the majority of Americans polled who favor it (62%). Let’s take a look at all the urgent relief that’s actually in the bill.

What’s in the American Rescue Plan

  • $1400 direct checks
  • $300/week unemployment extension through September
  • Increased child tax credit to $3000-$3600 in 2021 and made it fully refundable
  • Extending COBRA benefits and health benefits
  • $170 billion for safely reopening schools
  • $20 billion for vaccination programs
  • $30 billion for PPE
  • $350 billion for state and local governments devastated and depleted from the pandemic
  • Funding for covid testing, contact tracing, and forecasting
  • Relief for restaurants, small businesses, and farmers
  • Child care and child nutrition funds
  • Tax credits for sick leave and family leave
  • Funding for community health, mental health, and the opioid crisis
  • Emergency rental assistance, rural housing, homelessness relief
  • FEMA funding
  • Funeral assistance
  • Relief to airlines, airports, and aviation manufacturing
  • Extend benefits to rail workers
  • VA funding
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There was a period of dashed hopes on Saturday morning during the impeachment trial of former president Trump. After securing a last-minute and unexpected motion to call witnesses, based on resurfaced testimony from Representative Jaime Herrera Beutler (R-WA), the House Impeachment Managers in conference with Senate Democrats and negotiation with Senate Republicans ended up deciding to call the vote instead.

They did win a concession to read Herrera Beutler’s statement into the Congressional record, and a historically unprecedented 57-43 impeachment vote to convict with 7 Republican Senators crossing the aisle to vote to convict the president of their own party of inciting sedition. But many Democrats who had gotten our hopes up for the prospect of getting to the bottom of what really happened on January 6 were quite deflated, and there were plenty of folks angry at Democrats for “caving” to Republicans once again.

The Real Reason Democrats didn’t call witnesses

As the Democrats have been making the press conference and media rounds to talk about the impeachment and talk about why they ultimately ended up deciding not to move forward with calling witnesses, some of the anger is subsiding but plenty of people are still miffed.

In my opinion, what is probably the strongest reason of all that Democrats didn’t call witnesses, is the one fact not being widely cited by the Democrats including the House Impeachment Managers. And that argument is: walking and chewing gum at the same time was not going to be possible. Calling witnesses would have meant getting led down the garden path by the Masters of Game Delay.

There was some optimism before the impeachment trial that the Senate would be able to find a way to handle the trial and also juggle legislative business plus confirmation hearings and votes for Biden cabinet members and other high-level executive positions. Unfortunately, the parliamentary rules for impeachment proceedings are both old and strict, and preclude the Senate from taking up other regular legislative or executive business while the trial is in progress from Monday to Saturdays until complete, according to the rules of 1868.

The only way to get around this is to have the chamber meet in a separate session. And the only way to get a separate session is via unanimous consent — which requires a full 100 votes. After the vote on calling witnesses, McConnell indicated he would withhold his party’s support for unanimous consent to do any other business besides the trial. He also reportedly threatened to obstruct and delay the rest of the 2-year legislative agenda, including the confirmation of Merrick Garland as AG. Everyone saw the struggle to get to just 57, so I agree it does not seem credible that enough GOP Senators at that point would have suddenly found an “I am Spartacus!” moment.

It would have sandbagged Biden’s agenda

Not being able to walk and chew gum at the same time would have tanked Biden’s ability to get the help to the American people that they need — full stop. No budget reconciliation and covid relief plan. No cabinet nominations. No other executive branch noms. No economic plan.

It would only play into the hands of Republicans to obstruct Biden’s agenda indefinitely and infinitely. Their base is rewarding them only for loyalty to Trump, and punishing any of the “deviants” who vote to hold him accountable. The GOP would just blame the Democrats for not getting anything done, and for dragging out this “highly political” trial that actually they will be drawing out with procedural nonsense and legal abuse — a Trumpian specialty!

I think it’s arguably just as important that Democrats be able to say that they got swift and solid help to Americans in a time of crisis, otherwise the 2022 midterms are the next jump point for authoritarian takeover. We can still pursue justice via other means that are just as enduring and have the potential to uncover so much more about the events leading up to and surrounding January 6.

The Other Good Reasons

Beyond the parliamentary jiujitsu, there are several other compelling reasons Democrats didn’t call witnesses:

  • Witnesses are not generally called live onto the Senate floor — for impeachment trials, depositions are taken in trial committees, then read into the record. Senators have to submit their questions in writing, and there is no live cross-examination. In other words, the thing most folks would be looking for which is public testimony, would not be forthcoming — the committee work could take weeks or months, and Republicans benefit more from agenda delays because their base no longer even cares about policy anymore.
  • Entering Jaime Herrera Beutler’s statements into the record accomplished the same thing a deposition would have done — it read her testimony into the official legislative annals of history. It gave additional ammunition to any of the potential federal, state, or local investigations that may follow the conclusion of the trial. And it showed indelibly the lengths to which even Republican lawmakers were willing to go to pursue justice against this lawless president.
  • No more Republican votes were going to change anyway — the trial was at “peak persuasion” because the rest of the pack were going to hide behind the procedural issue regardless. In other words, like SCOTUS to Trump’s frivolous election fraud claims, they refused to hear the case “on the merits” even though they were subject to a binding resolution on that very question that their chamber had passed on Tuesday. They chose to ignore their own binding resolution and continued to cite the fact that Trump was no longer in office as the reason the Senate lacked jurisdiction to censure him — despite the fact that it was now minority leader Mitch McConnell who insisted on delaying the start of trial past inauguration day in the first place.
  • They had already effectively made their case — as “beyond a shadow of a doubt” as is ever likely to happen in any impeachment trial ever, yet still falling on deaf ears, there isn’t much doubt that the House Managers overwhelmingly presented a successful case. I’m sympathetic to the argument that it may have proved diminishing returns as pursued through additional Senate trial time, and is undoubtedly better pursued by the justice system and through other committee work in both the Senate and the House.
  • A 9/11-style commission is much more appropriate to actually get to the bottom of the political aspects of the crime — the independent commission created by House Speaker Nancy Pelosi today is going to have far more time, budget, reach, and depth than a drawn out trial in the Senate, and it won’t cannibalize the agenda of other business. It can go all the way down the rabbit hole and lead us to evidence on other potential co-conspirators, including Cruz, Hawley, Tuberville, Lee, Gomert, Greene, Jordan, Gosar, et al, all the financial ties in and around the Ellipse rally, and perhaps new federal charges for Trump’s pardoned felon buddies Bannon, Stone, and Flynn. Democrats didn’t call witnesses because now, they can call as many witnesses they like without any pressure or obstruction from Senate Republicans.
  • His lawyers are just lying — the defense portion of the witness process would be just as looney toons and Four Seasons Total Lawyering as in the main show. Trump’s lawyers are just distorting, distracting, and debasing the profession of law with their clownish disregard of the augustness of the chamber in which they stood. Giving them more time to muddy the bulk of the trial record, and more time to delay delay delay and inject the Big Lies over and over again into public consciousness, would not have necessarily been worth the tradeoff in what we might learn from additional witnesses ourselves.
  • Other witnesses went cold — Pence’s staff spoke up to refute the claim that Trump evinced concern for him during or soon after the January 6 attack. They said the former president did not contact Pence at all that day, or for 5 days afterward. And yet, when contacted by the House Impeachment Managers, they indicated they would not be willing to go so far as to testify in the trial.
  • Enthusiasm for the trial would wane in the public eye — unfortunately, the general public has a much shorter political attention span than most of us Blue Check intellectuals. While it would be total catnip for us, it would like start to have diminishing returns in the eyes of the voters, especially when they discover that other business is not proceeding. Regardless of the fact that it’s actually the Republicans holding other legislative business hostage for the trial, it will be blamed on Democrats and our entire political system has been primed to blame everything on Democrats and is generally successful — like muscle memory.

I will be looking forward to the results of the independent commission, as well as the continued criminal prosecutions of the insurrectionists and at some point, hopefully, whoever it was on the inside who was helping them.

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