Democrats Have Nothing to Fear, but Themselves

(Image: Saul Loeb/Getty Images)

“Most human beings have an almost infinite capacity for taking things for granted”
-Aldous Huxley

When Mr. Trump completed his hostile takeover of the Republican Party and claimed the 2016 nomination, it became Mrs. Clinton's election to lose. Her senior aides had secretly been hoping she would face Mr. Trump because they were convinced that “a race against Trump would be a dream for Clinton”. A few months before the election it became clear to me that Mrs. Clinton’s hubris might cost her the election. She did not feel the need to make a case for why voters should choose her, and instead came across more like a Queen expecting a political coronation.

Fast forward to the 2020 Democratic primary, once again my views were out of sync with the majority media, political pundits and progressive party base. From the outset it was clear to me that Joe Biden would win the nomination. Not because I believed Mr. Biden was the strongest or most qualified candidate, but reading between the lines of a fractured and deeply divided party it was evident that of the frontrunners, he was the only one who had support among Black voters; without whom no Democrat can win the White House.

In February this year, I would have put Mr. Trump’s chances of re-election at about 90% because the economy was going great guns, and Democrats seemed too divided to form a cohesive front. Covid-19 changed everything. With the economy in freefall, small businesses shuttering in record numbers and the highest unemployment rate since the Great Depression, the picture now is very different.

In addition, the President’s handling of the crisis has been nothing short of a disaster and his repeated refusal to follow the guidance of his top scientists or develop a coordinated federal response has led to a patchwork of disparate actions at the state level, leading to a dangerous resurgence of coronavirus cases and deaths all over the US.

As a result, polls show Mr. Biden’s lead growing to double digits nationally.  He is widening the gap in swing states and even leading in states that Mr. Trump won with double digits in 2016. There is growing consensus in the media and within the Republican ranks that Mr. Trump is hurtling toward a massive defeat, one that could see Democrats win not just the White House, but also gain majorities in both chambers of congress.

Like 2016, it would seem that the 2020 election is fast becoming Mr. Biden’s to lose. Especially since Mr. Trump continues to administer self-inflicted wounds almost daily. His latest approval has dipped below 40%. Other than Harry Truman no incumbent President has won reelection with such an abysmal job rating. However, if there is one thing Democrats excel at, it is snatching defeat from the jaws of victory. There are six things I would caution them about:

Don’t take Black (and Latino) voters for granted: Since 1968 no Republican presidential candidate has received more than 13% of the Black vote, so it is no surprise that Democrats have come to take the Black vote for granted. In 2020 they do so at their own peril. A recent survey by BlackPAC of registered African American voters found that a significant number are disillusioned with the Democratic Party and more than half feel that the party is not paying close enough attention to the black community.

The Democratic Party’s overly simplistic view of African Americans as a monolithic voting bloc is out of touch with the reality. Blacks in America comprise multiple ethnicities and nationalities, with immigrants representing almost 10% and 24% of Latinos also identify as Black. Similarly, Black voters do not hold the same views across the board. As the Bernie wing of the party pushes the party farther leftwards, they are in danger of disillusioning 25% of Black Democrats who called themselves conservative and 43% who called themselves moderate.

Worryingly, polls show that Mr. Biden’s support among young Black voters, who are leading movements like Black Lives Matter and spearheading calls for systemic change, significantly trails the levels of support he enjoys among older Black voters. Also, Mr. Trump’s support among Black and Latino voters has increased in the past year from 8 to 10 percent and 28 to 30 percent, respectively, this despite his best efforts to the contrary. What should worry Democrats is not the level of support Mr. Trump has, which remains low, but that displeasure with the President has not translated into more support for them.

It’s (still) the economy, stupid: In the second quarter US GDP shrank 32.9% on an annualized basis, making it the worst contraction since record-keeping began in 1947. If the current trajectory continues then Mr. Trump will lose the only arrow in his tiny quiver. But we are still almost 100 days away from the election, and we have seen that the moment the country begins re-opening, as it did in May, there is an economic rebound. In May and June alone a record-breaking 7.5 million jobs were added and there was evidence of pent-up consumer demand with retail brick and mortar sales rising 7.5% in June, following a record jump of 18.5% in May.

If we are able to get the current coronavirus surge under control and start re-opening businesses once again across the country, it is possible that we might see the start of an economic recovery just in time for the election. This would unquestionably be a boost for Mr. Trump because the economy is the only issue he is still trusted on, more than Mr. Biden. In fact, a sizable majority of swing state voters approves of Mr. Trump’s handling of the economy, and trusts him more than Mr. Biden to lead America out of this economic crisis.

Biden’s enthusiasm gap: A recent national survey conducted by SSRS for CNN finds that there is a gap in enthusiasm among Biden versus Trump’s supporters. 70% of Trump voters say they support the President and are voting to reelect him, with only 27% stating they are voting against Biden. On the flipside Biden voters claim the opposite with 60% saying they are voting against Trump, and only 37% casting a vote in support of Biden.

We also know that the Democratic Party is deeply divided with various factions within it jockeying for position. Earlier this year an Emerson College poll found that 50% of Bernie voters would not support a candidate in November if Mr. Sanders was not the nominee. The vitriol and divisiveness was laid bare during the recent primaries, and while one has seen some degree of coalescing between the Bernie and Biden wings of the party, there is still more that divides them than unites.

More recently Nina Turner, a co-chair of Mr. Sander’s campaign, described the choice in November to a reporter at the Atlantic as, “It’s like saying to somebody, ‘You have a bowl of shit in front of you, and all you’ve got to do is eat half of it instead of the whole thing.’ It’s still shit.”

Harvard professor and Bernie supporter Cornell West added in the same article that, “We have to be true to ourselves and acknowledge that Biden is a mediocre, milquetoast, neoliberal centrist that we’ve been fighting against in the Democratic establishment.”

In polls we trust: In 2016 national pollsters consistently predicted that Mrs. Clinton’s likelihood of winning the presidency was around 90 percent. Two weeks before the 2016 general election multiple polls showed her leading in the key swing states of Michigan, Pennsylvania and Wisconsin, with leads of anywhere from 4 to 9 points. Mr. Trump won all three states.

One big difference between 2016 and 2020 is that Mr. Biden’s lead has been larger and more consistent at both the national and state levels. Also, we should note that the issue is not so much accuracy of polling, because studies show that they have been historically accurate within the margins of error, but that the country has become so divided that the winning or losing can lie within these margins of error of +/- 4 points.

Also, remember that winning the popular vote does not mean winning the Electoral College. In 2016 Mr. Trump lost the popular vote by around 2.5 million votes, but won the Electoral College thanks to 79,646 voters in Michigan, Pennsylvania and Wisconsin.

Democrats must not grow complacent based on current polling numbers. We know that Mr. Biden faces a serious gap in enthusiasm with his voters and he also must not repeat Mrs. Clinton’s mistake, and assume people will turn up simply because they dislike the sitting President. Mr. Biden must continue to outline his kinder and more inclusive vision for America, and contrast it with the President’s divisive one, giving voters a reason to come out for him.

Biden’s fitness for office: A Rasmussen poll conducted at the end of June found that nearly four out of 10 voters believe Joe Biden has dementia. It is true that a higher percentage of Republican voters (66%) think this, but 30% of independents and 20% of Democrats also believe it. The same poll finds that over fifty percent of Democrat voters feel it is an important issue, and one that Mr. Biden should publicly address. Another poll by Zogby found that 60% voters aged 18-29 thought it likely that Biden is suffering early-onset dementia, along with 61% of Hispanics and 43% of Blacks.

To be fair, unlike Obama’s birth certificate, this lingering doubt is not a figment of the fringe right-wing’s imagination. Through the primary debates Mr. Biden’s performance was viewed as uneven, with him often losing his train of thought, forgetting words and sometimes the question he was answering. He would routinely cede time back to the moderators, when every other candidate was fighting for more time to speak. Julian Castro brought up the issue of Mr. Biden’s memory lapses during one debate, and was backed up by Cory Booker, who said in a post-debate interview on CNN that it was a legitimate question based on Biden’s “fumbling”.

It is worth pointing out that there is a double standard in the mainstream media on this issue. They have openly debated and discussed President Trump’s cognitive faculties but seem to stay away from questioning Mr. Biden’s. In the end, it will likely come down to Mr. Biden’s debate performances against Mr. Trump, which will lead the American people to decide for themselves.

Covid-19 and vote by mail; fail: New York has a Democratic Governor and the party holds majorities in the state senate and assembly. The Mayor of New York City is a Democrat, and the city council has a super majority with only 3 Republicans serving in its 51 member body. For our local primary election on 23^rd June this year, every official from the Governor down vowed to expand voting by mail and other options.

So far, around 100,000 absentee ballots have been invalidated, which is about one in five, and a number of races are still waiting for results at the end of July. To say it was an unmitigated disaster would be an understatement. What is scary is that, in a state committed to getting this right, and completely controlled by Democrats, the official preparation and infrastructure was clearly not capable of handling the influx of mail-in ballots.

Every facet of the system seems to have failed in New York. There were not enough ballots printed, the postal service faced delays in sending and receiving forms, people were unable to understand the mail-in ballot instructions and now officials are struggling to count them. Furious candidates are still waiting for results more than a month after the election and many are filing lawsuits claiming voter disenfranchisement.

Consider that a major factor in Biden’s ability to win rests with 65+ voters showing up to the polls, and Democrats are more fearful of contracting coronavirus than Republicans. So with Covid-19 at large, one could conjecture that older Democrats are more likely to opt for absentee ballots, than Republicans, which would give Mr. Trump a major advantage.

The bottom line is that if a solidly Blue state, one that made a concerted effort to expand voting rights, could not get any aspect of a small local election right, what will happen during a massive national election, and in far more contentious swing states?

To Impeach or Not to Impeach: What does it all mean?

 

Adam Schiff presiding over the impeachment hearings (Image: thedailywake.com)

“You are entitled to your opinion. But you are not entitled to your own facts.” 
Daniel Patrick Moynihan

Article 2, section IV of the US Constitution states that “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

It is worth clarifying the process and implications of impeachment before we dive into a discussion of the current proceedings. For starters, if a President is impeached it does not mean that he or she has to vacate the office. Bill Clinton was impeached and served out his full term. Removal from office is a separate process that requires a trial in the Senate. It is presided over by the Chief Justice of the Supreme Court, with Senators serving as jurors.

In the House, Democrats currently hold 235 seats and need 218 votes to reach the majority required to proceed with articles of impeachment against President Trump. If the House proceeds to impeach, the Senate will conduct a trial and vote on whether to remove the President from office. Given that Democrats do not hold a majority in the Senate, they would need twenty Republicans and two independent senators to join them to remove Mr. Trump from office.

Additionally, removal from office does not bar Mr. Trump from running again in 2020. The Senate would need a further vote under Article I, Section 3 of the constitution to determine if the offence is severe enough to prevent the President from ever holding public office again.

Now let’s get to the matter of the impeachment itself. Beyond bribery and treason, which are clear cut, I believe the founders purposely left the words “high crimes and misdemeanors” vague so as to ensure that this mechanism would not be used frivolously or in a partisan manner. This is why removal from office requires a detailed investigation by the House and then a further trial in the Senate, with a super majority needed to remove a President from office. It is rare for one party to hold the necessary seats in both chambers at the same time; thus it requires an offence so egregious that it brings unity across party lines to remove a democratically elected official from the highest office in the country.

Another point worth noting is that impeachment is not a legal process. While similar terminology is used, this is a political process. There is no burden to prove that the President broke laws in the same way you would need to in a courtroom. Impeachment is driven by the legislature deeming that the actions of the President constitute an egregious abuse of power.

Given that only two Presidents have been impeached, the first in 1868, and none ever removed from office there is little by way of a roadmap for this process. Nixon resigned before Congress could vote to impeach him. Interestingly, in the case of Bill Clinton the House appointed a special prosecutor to investigate his crimes and did not conduct public hearings. The vote by the House judiciary committee to move forward with a full impeachment inquiry against President Clinton was along party lines with every Democrat opposing it.

The special prosecutor’s investigation into President Clinton dragged on for four years, by the end of it public opinion turned in the favour of the President even though there was evidence that he had lied under oath and obstructed justice. This is why President Clinton was acquitted by the Senate with ten and five Republican Senator's, respectively, joining every Democrat to acquit him on each of the charges. At the time polls showed that the majority of the country was against removing the President from office with 57% approving the Senate's decision to keep him in office and two thirds stating that the contentious impeachment process had been harmful for the country.

Of course, we live in very different times from when President Clinton was impeached and President Nixon resigned. In 2019, the country is probably about as divided as it was leading up to the civil war, and credibility among lawmakers is in short supply on both sides of the aisle. Trust in government and in public officials is at its lowest ebb since reaching a peak in the 1970’s.

On one side you have Republicans who seem to have not only abandoned their most cherished Conservative philosophies of small government, but also no longer seem to believe that the person holding the highest office in the land should be honest, decent or act with decorum. Republicans like Paul Ryan, John McCain and Jeff Flake, who were willing to stand up to the President and hold him accountable in private and when necessary in public, have either resigned or are no longer living. Even lawmakers like Senator Graham who openly lambasted candidate Trump during the primaries have turned into allies. So what accounts for this loyalty? If you look at Trump’s record he has delivered on issues that align with their political interests, from corporate tax cuts and dismantling regulations to appointing conservative justices, including two to the Supreme Court. With the Presidents’ base holding firm and in the absence of a smoking gun, they are making a political calculation to support the President and will continue to do so until public opinion overwhelmingly swings against him.

On the other side you have Democrats who have been publicly calling for the President's head since his shock victory in 2016. They have spent the best part of three years investigating every aspect of the President’s public and private life, from scrutinising his charities and foreign business interests to trying to expose his tax returns. First they were hopeful that the trial of Paul Manafort would sink Mr. Trump. Then they proclaimed that Michael Cohen’s testimony “moves the Needle' to Trump WH”. When nothing worked they put their hopes in the Mueller report landing the final blow and swaying public opinion in favour of impeachment. Adam Schiff, Chairman of the House Intel Committee, leading the investigations into the President publicly stated at the time that there was "ample evidence" of collusion in plain sight, "and that is true." The very real danger for Democrats is that because they have been crying wolf for so long, their case for impeachment, even if it is a strong one, will be viewed as nothing more than partisan overreach, or worse a move to placate an angry and frustrated base ahead of a crucial election.

This is the reason Speaker Pelosi waited so long to officially move forward with an impeachment inquiry even though a majority of Democrats had been calling for it for over a year. The Ukraine whistleblower story led to the first marked shift in public opinion, with a slim overall majority (52%) supporting an impeachment inquiry. This shift was entirely due to Independents. The lessons of dragging out an impeachment investigation also weigh on Speaker Pelosi because it allowed President Clinton to leave office with a 65% approval rating, the second highest of any President after FDR. This is the reason she urged Democrats to move from closed door to public hearings and has vowed publicly not let the impeachment circus drag on too far into next year.

The other issue that Speaker Pelosi astutely understands is that nobody, including Trump supporters, denies that the President routinely lies, demeans people, behaves erratically and possesses none of the qualities of a role model. In fact, 70% of Americans agree that President Trump’s request to a foreign leader to investigate his political rival was wrong. There is no debate on this fact. However, not everyone agrees that this is reason enough to tear an already divided and polarised country further apart, and many believe this is why we have elections. If we look at support for impeachment and removal, beyond Independents it breaks down along party lines with 84.6 percent Democrats supporting it and 91.7 percent of Republicans opposing it. These numbers have held steady for the last year.

Finally, what makes the Democrat's case harder to make is that there is no smoking gun, like a stained blue dress or a conspiracy to destroy secret White House tapes. At the end of the first two weeks of hearings not one witness “testified that Trump himself directly ordered them to make a quid pro quo explicit to the Ukrainians.” In fact, if one thing has come to light during the public hearings, it is that President Trump made little attempt at subterfuge. Instead he openly made it clear to his ambassadors, diplomats and senior advisors that he wanted to press Ukraine to open an investigation into the Bidens, and in the end the military aid was released without any such commitment. When there is subterfuge, chicanery or evidence of a cover-up, it becomes easier to make the case for a conspiracy and point at wrongdoing, but in the absence of this, the whole thing could be painted as more clumsy than criminal.

This is why we saw Speaker Pelosi use the word bribery for the first time after the initial round of public hearings. Speaker Pelosi is aware that having witnesses simply corroborate facts will not be sufficient to sway people since the majority already agrees that the President’s actions were wrong but not on whether it rises to the level of impeaching and removing the President from office. Public opinion is deeply entrenched along partisan lines and will not be swayed easily. Ultimately, the severity and punishment for the President’s “high crimes and misdemeanors” will boil down to the strength of the argument made by Democrats or the defense put up by Republicans. The key for both sides is to make their case and convince Independents.

Democrats will need to offer compelling new evidence while trying to ensure that this process does not in the end help the President, by painting him as a victim of legislative overreach, and allow him to win a second-term.

 

2018 Midterm Election Results: A Non-Partisan Commentary

 

(Image: thepawprintdaa.com)

 “Let us never forget that government is ourselves and not an alien power over us. The ultimate rulers of our democracy are not a President and senators and congressmen and government officials, but the voters of this country.”

-Franklin D. Roosevelt

Neither side was humiliated; both can claim victory to some extent, which is extremely rare for a midterm election, especially one with such a polarizing and unpopular President. However, both parties should feel a sense of humility and that means it was a good night for America.

There was no blue wave as Democrats not only failed to flip the Senate but actually lost seats, and while they made some gains in Governor races, they came up short in key swing states like Florida and Ohio. Also, the majority of House seats they picked up were in districts that Hillary Clinton won, meaning there was already a built-in anti-Trump voting block there. They failed to flip many of the districts that Obama and Trump both carried, which a blue wave would have done. Meanwhile, Republicans were also sent a clear message by the electorate that people want a check on this President and a return to balance of power in Washington. No more one party rule.

If you look at the graphic below, the visual shows a balance between red and blue, across the board. These mixed results tell me two things.

First, and most importantly the country rejected Trump’s dangerous vilification of immigrants (which was his closing argument on the campaign trail) by giving Democrats the power to stop unconscionable policies like separating and detaining children. Second, while even his supporters disagree with the President’s most extreme policies and sharp elbows, they are willing to support initiatives that make sense like re-negotiating trade agreements to better protect US wages, infrastructure spending to create jobs and efforts to bring down the ridiculous cost of life-saving prescription drugs. And Democrats would do well to remember that if the majority of the electorate supported blind resistance to this President, there would have been a blue wave flipping many more states and local races.

Democrats should also consider that midterms are historically a rebuke of the President and the majority party and much less a vote of confidence in the opposition. So the party that had been hollowed out under Obama, losing the US Senate, the House, the majority of Governorship's, and state and local legislatures, will now need to work to regain the trust of the electorate, based on their actions leading up to 2020, and not by simply being blindly partisan or obstructionist.

The other important factor to support my conclusion is that the majority of Democratic congressional candidates who won campaigned as centrists. Majority are newcomers who said they were tired of the partisan gamesmanship and were running to fix Washington by reaching across the aisle. Importantly, not one of these candidates ran on the promise to remove the President from office or ever mentioned impeachment.

What we are seeing from albeit a divided electorate is a mandate for both parties to work together and low tolerance for blind partisan resistance and political payback. They want their elected representatives to find solutions to non-partisan issues that are important to all Americans. Frankly, I believe government works better when both sides are forced to compromise and neither has a complete majority; it seems many Americans agree.

I was glad to see Nancy Pelosi strike a conciliatory tone after seeing the results described above. She talked about unifying the country by working together with the President for all Americans, while ensuring they would also be a check on his worst instincts. The President also called Ms. Pelosi to congratulate her and Mr. Schumer, expressing a desire to work with Democrats.

Now Ms. Pelosi will need to ensure that her caucus shows the same maturity and steers clear of frivolous subpoenas and investigation like Benghazi, or wasting taxpayer money trying to impeach the President (unless Mr. Mueller finds something incriminating). Instead, Democrats need to focus on delivering on the promises that their young and historically diverse group of Congress women and men made to their constituents – that of working with the President to secure the future of DREAMERS, funding infrastructure to create jobs and fixing Obamacare once and for all, issues that a majority of Americans agree on.

Of course, none of this means that the President will change his behaviour or that both parties will forgive, forget and put aside ideological differences and divisive rhetoric. However, I believe that the party that makes an effort to reach across the aisle and is genuinely seen to be fighting for all Americans will reap the rewards in 2020.