Read Sarah Kendzior’s powerful take on “The Shutdown”

Sarah Kendzior

By Sarah Kendzior | Oct 27 2024

The leaves are falling without changing, like Congress.

They’re green like dollars instead of the standard gold. They don’t get the glorious dignity of a good-looking death. These are two-day delivery leaves, plucked from the branch by the invisible hand, shot down in the amazon prime of life.

I’m old enough to remember seasons. The way colorful leaves crunched under my feet: the satisfying sound of the reliable march of time. Autumn leaves scattered like crumpled drafts of a chapter near completion. They were absorbed into the soil, and in a few months’ time, earth’s story would begin anew.

Green leaves on the ground are empty pages. They did not get the chance to dazzle and die. They were shut down, like Congress.

I look at the leaves and resent the stolen season: resent it like my generation’s stolen social security and stolen retirement and litany of impending thefts. Stolen country, stolen time. The taking tree.

I look at the leaves and wonder what could have been. I don’t wonder that about Congress. The answer is nothing. When you decide to be nothing, to do nothing, to change nothing, you become nothing. You take everything and you are nothing.

Congress takes bribes, they take vacations, they take offense — they take everything but the heat. They save that for us, so it can scramble our seasons and kill our trees. The heat makes leaves fall too early and ignites fear for our children’s future: This is as much as you will see, this is as far as you will go.

Geriatric millionaires say these are dark days: yes, it’s because we’ve spent fifty years in your shadow. A tyrant rules America while Congress feigns helplessness, practiced in the art, having closed its eyes at every off-ramp on the highway to oblivion.

Congress refused the exits. The American people paid the toll.

* * *

Congress is shut down; Congress was already shut down. Congress shut down in 2016 after spending decades running on dying batteries until the invisible hand yanked them out for good. The mafia state was made plain; civics drowned in corrupt institutionalism. We were told to keep pretending representative government was real.

My mother told me that when she was three, she would sit in front of a blank TV for hours, unaware that someone had to turn it on for the shows to start. That was Congress’s ideal public: a nation of toddlers hooked to useless screens with no agency of their own.

The American public is older now. They’re at that preteen age where they start asking questions. They’re at a preteen age in a country ruled by acolytes of Jeffrey Epstein —the age when you become aware that you are prey.

Europeans like to say American is young country, and we were until the 21st century, when we each turned one thousand years old.

A government shutdown was always the goal. The premature ending, the stripping for parts, the theft without pretense of duty. The open abandonment of the public good. The apathy at abandonment and the avarice in apathy. The slaying of seasons, the torture of time, the collapse of chronology: when promises turn to premises and premises to pixelated dust. There is honor in real dust: this is not that.

When you are ruled by a technocratic death cult, the concept of leverage changes. A general strike does not pose the same threat to the powerful when their goal is to destroy the national economy. A protest does not have the same impact when officials are devoid of shame. A spectacle does not hold the same power when AI lies are generated with a whisper to a soul-stripping robot. A vote is an illusion when elections lack integrity. Calling your representative is a grim farce when your representative serves transnational oligarchy — and sells it American sovereignty.

The shutdown is a vice grip. Maybe it will end, maybe it is the end game. In 2013 and 2019, I feared it was. But Congress came back, with renewed opportunities to staunch the bleeding, which no officials tried to take.

The powerful want the American people to be shut down, trapped in this time, divorced from the cycles of life. A shutdown precludes possibility and shatters the political imagination. It never lets you move on but moves everything around you with bulldozer ferocity. They want you to watch and wait until that is all you do — until you are again the passive toddler before a dead screen.

I buried a fallen green leaf in the backyard. Not to feed the soil, but as a rite of ceremony. We need new rites when the rites of spring and summer and winter and fall are stolen. We need new rites, we need new rights. In a digital dystopia, commemoration feels like war: a strike against the extinction racket.

I’m a backyard soldier, one thousand years old, laying the stolen future to rest. In Greek, “eulogy” means “good words.” I’ve got nothing left to say, but I said it anyway, and that’s something — that’s something.

* * *

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The evil at your door

By Timothy Snyder

Individuals associated with the federal government have, in defiance of a court order and without a trial or any form of due process, deported hundreds of people from the territory of the United States to El Salvador, where they will be held indefinitely in a concentration camp.

1. This violated fundamental rights enumerated in the Constitution. Everyone in the United States has the right to a fair trial with due process of law. People who say things along the lines of “enemy combatants don’t have the right to due process” are wrong. And it is important to understand the implications of that position. Anyone can be named an “enemy combatant.” More fundamentally, once you accept any exception to the general rule, you are just inviting executive power to always use that exception, or make up another one. If you are a citizen and you are casting doubt on the importance of due process, remember this: you need due process in order to prove that you are a citizen.

2. The deportation was done in violation of a court order, according to a plan to undo the rule of law. This means that the action was not only specifically illegal, but designed as a challenge to the rule of law as such. Naturally, the individuals who chose to ignore a court order carefully selected the moment when they would do so. They chose a situation that they could characterize as us against them, the Americans against the foreigners, the regular people against the criminals. They are deliberately associating the law itself with people, the deportees, who they expect to be unpopular. This is a tactic, and historically speaking a very familiar one. In this way they hope to get popular opinion on their side as they ignore a court order. But if they succeed in making an exception once, it becomes the rule.

3. You do not know who was on those two planes to El Salvador. The individuals who arranged the deportation claim that the deportees were “foreign alien terrorists,” but we have no way of knowing whether this is true. They also claim that they were “monsters,” which is not true. We do not know the names of the human beings who were deported. We cannot therefore know whether they were foreigners or American citizens. As to whether they were terrorists: they were not convicted of any crimes, and so it is hard to know whether or how this would be true. There is no doubt that their rights were violated. But your rights have been violated as well. If you do not know the details about operations that forcibly remove human beings from the territory of the United States, you do not have a responsive government. And you are therefore at risk.

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The Republican Party now belongs to Trump

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

March 8, 2024

The Republican Party now belongs to Trump. On the heels of his wins on Super Tuesday, former South Carolina governor Nikki Haley, his last serious contender for the Republican presidential nomination, suspended her campaign Wednesday morning. That afternoon, Senate minority leader Mitch McConnell (R-KY), who enabled Trump during his administration but apparently hoped to see him replaced at the top of the party, endorsed him.

Haley did not endorse former president Trump, suggesting he needed to earn the support of those Republicans who don’t back him. But Trump’s team has dismissed Haley supporters, saying he doesn’t need them.

In contrast, President Joe Biden continued to broaden the Democrats’ tent. Biden reached out in a statement, saying there was a place for Haley supporters in his campaign. “I know there is a lot we won’t agree on,” he said, “But on the fundamental issues of preserving American democracy, on standing up for the rule of law, on treating each other with decency and dignity and respect, on preserving NATO and standing up to America’s adversaries, I hope and believe we can find common ground.”

President Biden continued to outline the differences between MAGA Republicans and the rest of the country in tonight’s State of the Union address. 

Biden launched the speech, a draft of which the White House made available in advance, by referring to President Franklin Delano Roosevelt’s attempt in January 1941, about a year before the bombing of Pearl Harbor, “to wake up the Congress and alert the American people that…[f]reedom and democracy were under assault in the world.” Biden identified the same crisis in the present. “Not since President Lincoln and the Civil War have freedom and democracy been under assault here at home as they are today,” he said. 

Overseas, Russian president Vladimir Putin has invaded Ukraine and threatens Europe, Biden said, putting “the free world at risk.” He warned that those blocking aid to Ukraine are destroying “our leadership in the world” and blasted Trump for saying he would tell Putin to “do whatever the hell you want.” Biden urged Congress to “stand up to Putin. Send me the Bipartisan National Security Bill” that funds Ukraine.

Then he turned to the home front. Identifying those who attacked the U.S. Capitol on January 6, 2021, as “insurrectionists” who “had come to stop the peaceful transfer of power and to overturn the will of the people,” Biden called “January 6th and the lies about the 2020 election, and the plots to steal the election…the gravest threat to our democracy since the Civil War.” 

That threat remains, he said. He asked Republicans to “speak the truth and bury the lies.” He urged them to “[r]emember your oath of office to defend against all threats foreign and domestic. Respect free and fair elections. Restore trust in our institutions. And make clear—political violence has absolutely no place in America.” 

As Democrats stood to applaud, Republicans remained resolutely in their seats.

Biden continued his study in contrasts. He urged Republicans to guarantee the right to in vitro fertilization, a popular measure that they killed in the Senate again this week. He called out Republicans for trying to pass a national abortion ban and declared, “If Americans send me a Congress that supports the right to choose, I promise you, I will restore Roe v. Wade as the law of the land again.” 

He touted the economic successes of his administration—15 million new jobs, unemployment at 50-year lows, 16 million new businesses, 800,000 new manufacturing jobs, more people with health insurance, rising wages, falling inflation—and described a nation with a thriving middle class. He reiterated his support for unions, noting that he was the first president to walk a picket line, and praised United Auto Workers president Shawn Fain, who responded by putting his fist in the air and mouthing, “Thank YOU!” 

Biden then looked ahead to “a future where the days of trickle-down economics are over and the wealthy and biggest corporations no longer get all the breaks.” He promised to continue to fight unfair tax codes, price gouging, shrinkflation, and junk fees. 

Biden called out the Republicans for bowing to Trump’s demand that they kill the bipartisan border bill, which would provide 1,500 more border security officers, 100 more immigration judges, 4,300 more asylum officers, and 100 more high-tech drug detection machines and give the president authority to shut down the border when the number of migrants reaches a certain level. As House speaker Mike Johnson (R-LA) shook his head in apparent disagreement, Senator James Lankford (R-OK), a staunch conservative who negotiated the bill, nodded, saying, “That’s true.” 

Biden took on the two biggest controversies in his presidency directly. “I know the last five months have been gut-wrenching for so many people, for the Israeli people, the Palestinian people, and so many here in America,” he said. 

He recounted the deadly attack on Israel on October 7, 2023, continued to defend Israel’s right “to go after Hamas,” and promised to continue to negotiate for the remaining hostages. He also said that the war “has taken a greater toll on innocent civilians than all previous wars in Gaza combined. More than 30,000 Palestinians have been killed…. Nearly 2 million more Palestinians under bombardment or displaced. Homes destroyed, neighborhoods in rubble, cities in ruin. Families without food, water, medicine.”

The U.S. has “been working non-stop to establish an immediate ceasefire that would last for at least six weeks,” Biden said. “It would get the hostages home, ease the intolerable humanitarian crisis, and build toward something more enduring.” The U.S. has “been leading international efforts to get more humanitarian assistance into Gaza” and is now building a temporary pier on the Gaza coast to “receive large ships carrying food, water, medicine and temporary shelters.”

Biden addressed Israel’s leaders directly: “As we look to the future, the only real solution is a two-state solution. I say this as a lifelong supporter of Israel and the only American president to visit Israel in wartime. There is no other path that guarantees Israel’s security and democracy. There is no other path that guarantees Palestinians can live with peace and dignity. There is no other path that guarantees peace between Israel and all of its Arab neighbors, including Saudi Arabia. Creating stability in the Middle East also means containing the threat posed by Iran.”  

Biden then took on the issue of his 81 years. Age makes “certain things become clearer than ever before,” he said. “I know the American story.”

“Again and again I’ve seen the contest between competing forces in the battle for the soul of our nation. Between those who want to pull America back to the past and those who want to move America into the future. My lifetime has taught me to embrace freedom and democracy. A future based on the core values that have defined America. Honesty. Decency. Dignity. Equality. To respect everyone. To give everyone a fair shot. To give hate no safe harbor.  

“Now some other people my age see a different story,” he said, in a reference to Trump, who will turn 78 in June. “An American story of resentment, revenge, and retribution.”

“[T]he issue facing our nation isn’t how old we are, it’s how old our ideas are,” Biden said. “Hate, anger, revenge, retribution are among the oldest of ideas, but you can’t lead America with…ideas that only take us back. To lead America, the land of possibilities, you need a vision for the future of what America can and should be…. I see a future where we defend democracy, not diminish it. I see a future where we restore the right to choose and protect other freedoms, not take them away. I see a future where the middle class finally has a fair shot and the wealthy finally have to pay their fair share in taxes. I see a future where we save the planet from the climate crisis and our country from gun violence. Above all, I see a future for all Americans…. So let’s build that future together.” 

Biden spoke powerfully for an hour and a half, veering off script to make points stronger or respond to Republican heckling. He seemed to enjoy the scrapping (and might even have set it up), using the back and forth to get Republicans to reject tax cuts just as last year he forced them to reject cutting Social Security.

The Republicans tapped Senator Katie Britt (R-AL) to give their rebuttal to the speech, evidently hoping to contrast her youth—she’s 42—with Biden’s age. But while her team helpfully distributed talking points to Republican influencers before either Biden or Britt had spoken, suggesting they describe her as “America’s mom” and say that Biden’s speech was “tone deaf” while hers was “the perfect pitch,” the fact that the Republicans had a female senator give what could be the most important speech of her life in a kitchen seemed to tell its own, more powerful, story.

He couldn’t indict Biden legally so he tried to indict Biden politically

Heather Cox Richardson | Letters from an American

Heather Cox Richardson

February 9, 2024

Yesterday, Special Counsel Robert Hur, appointed by Attorney General Merrick Garland in January 2023 to investigate President Joe Biden’s handling of classified documents before he was president, released his report. It begins: “We conclude that no criminal charges are warranted in this matter. We would reach the same conclusion even if Department of Justice policy did not foreclose criminal charges against a sitting president.” The Department of Justice closed a similar case against former Vice President Mike Pence on June 1, 2023, days before Pence announced his presidential bid, with a brief, one-page letter. 

But in Biden’s case, what followed the announcement that he had not broken a law was more than 300 pages of commentary, including assertions that Biden was old, infirm, and losing his marbles and even that “[h]e did not remember, even within several years, when his son Beau died” (p. 208).

As television host and former Republican representative from Florida Joe Scarborough put it: “He couldn’t indict Biden legally so he tried to indict Biden politically.”

Biden, Vice President Kamala Harris, and their teams came out swinging against what amounted to a partisan hit job by a Republican special counsel. The president’s lawyers noted that it is not Department of Justice practice and protocol to criticize someone who is not going to be charged, and tore apart Hur’s nine references to Biden’s memory in contrast to his willingness to “accept…other witnesses’ memory loss as completely understandable given the passage of time.” 

They pointed out that “there is ample evidence from your interview that the President did well in answering your questions about years-old events over the course of five hours. This is especially true under the circumstances, which you do not mention in your report, that his interview began the day after the October 7 attacks on Israel. In the lead up to the interview, the President was conducting calls with heads of state, Cabinet members, members of Congress, and meeting repeatedly with his national security team.” 

Nonetheless, they note, Biden provided “often detailed recollections across a wide range of questions, from staff management of paper flow in the West Wing to the events surrounding the creation of the 2009 memorandum on the Afghanistan surge. He engaged at length on theories you offered about the way materials were packed and moved during the transition out of the vice presidency and between residences. He pointed to flaws in the assumptions behind specific lines of questioning.” 

They were not alone in their criticism. Others pointed out that Republicans have made Biden’s age a central point of attack, but Politico reported last October that while former House speaker Kevin McCarthy (R-CA) was publicly mocking Biden’s age and mental fitness, he was “privately telling allies that he found the president sharp and substantive in their conversations.” Dan Pfeiffer of Pod Save America and Message Box noted that the report’s “characterizations of Biden don’t match those relayed by everyone who talks to him, including [Republicans].” 

He explained: “There are few secrets in [Washington], and if Joe Biden acted like Hur says, we would all know. Biden meets with dozens of people daily—staffers, members of Congress, CEOs, labor officials, foreign leaders, and military and intelligence officials…. If Biden was regularly misremembering obvious pieces of information or making other mistakes that suggested he was not up to the job, it would be in the press. Washington is not capable of keeping something like that secret.”

But the media ran not with the official takeaway of the investigation—that Biden had not committed a crime—or with a reflection on the accuracy or partisan reason for Hur’s commentary, but with Hur’s insinuations. Josh Marshall of Talking Points Memo noted that the New York Times today ran five front-page stories above the fold about the report and Biden’s memory.

Matt Gertz of Media Matters collected some of the day’s headlines: “Eight Words and a Verbal Slip Put Biden’s Age Back at the Center of 2024 (New York Times); “1 Big thing: Report Questions Biden’s memory (Axios)”; “Biden tries to lay to rest age concerns, but may have exacerbated them” (CNN); “Biden disputes special counsel findings, insists his memory is fine” (CBS News); “Age isn’t just a number. It’s a profound and growing problem for Biden” (Politico); and so on. 

As far back as 1950, when Senator Joe McCarthy (R-WI) insisted—without evidence—that the Department of State under Democratic president Harry Truman had been infiltrated by Communists, Republicans have used official investigations to smear their opponents. State Department officials condemned McCarthy’s “Sewer Politics” and the New York Times complained about his “hit-and-run” attacks, but McCarthy’s outrageous statements and hearings kept his accusations in the news. That media coverage, in turn, convinced many Americans that his charges were true.

Other Republicans finally rejected McCarthy, but in 1996, congressional Republicans frustrated by the election of Democratic president Bill Clinton in 1992 and the Democrats’ subsequent expansion of the vote with the so-called Motor Voter law in 1993 resurrected his tactics. They launched investigations into two elections they insisted the Democrats had stolen. They discovered no fraud, but their investigation convinced a number of Americans that voter fraud was a serious problem.

There were ten investigations into the 2012 attack on two U.S. government facilities in Benghazi, Libya, in which four Americans were killed and several others wounded; Republican-dominated House committees held six of them. Kevin McCarthy bragged to Fox News personality Sean Hannity that the Benghazi special committee was part of a “strategy to fight and win” against then–Secretary of State Hillary Clinton. 

The strategy of weaponizing investigations went on to be central to the 2016 election, when Trump ran on the investigation of Clinton’s email practices, and to the 2020 election, when Trump tried to weaken Biden’s candidacy by trying to force Ukraine president Volodymyr Zelensky to say that Ukraine was opening an investigation into Hunter Biden and the company he worked for. 

Going into 2024, the House is investigating Hunter Biden, and while witness testimony and evidence has not supported their contention that President Biden is corrupt, the stench of the hearings has convinced a number of MAGA voters of the opposite.

And now the media appears to be falling for this strategy yet again.

Political commentator Brian Tyler Cohen outlined how Biden’s performance disproves the argument that he is unfit for the presidency: “The thing about Biden’s memory,” Cohen wrote, “is that he’s presided over the addition of ~15 million jobs & 800k manufacturing jobs, 23 straight months of sub-4% unemployment, surging consumer sentiment, wages outpacing inflation, the American Rescue Plan, Inflation Reduction Act, CHIPs Act, PACT Act, infrastructure law, gun safety law, VAWA, codified marriage equality, canceled $136 billion in student loan debt for 3.7 million borrowers, bolstered NATO, and presided over electoral wins in ‘20, ‘22 and ‘23.”

Political strategist Simon Rosenberg had his own take: “As we end this crazy week I am struck that somehow the claim that Biden’s memory is faulty has gotten more attention than a jury confirming that Trump raped E. Jean Carroll in a department store dressing room.”

It may be, though, that the report has been a game changer in a different way than Hur intended it. Hur’s suggestion that Biden does not remember when his son died seems to echo the moment in the 1954 Army-McCarthy hearings in which Senator McCarthy was trying to prove that the U.S. Army had been infiltrated by Communists. Sensing himself losing, McCarthy attacked on national television a young aide of Joseph Nye Welch, the lawyer defending the Army. 

“Have you no sense of decency, sir?” Welch demanded. “At long last, have you left no sense of decency?” McCarthy didn’t, but Americans did, and they finally threw him off the public stage. 

Biden supporters took their gloves off today, producing videos of Trump’s incoherence, gaffes, and wandering off stages, and noting that he mistook writer E. Jean Carroll, whom he sexually assaulted, for his second wife, Marla Maples, when asked to identify Carroll in a photograph. They also produced clips of Fox News Channel personalities Sean Hannity and Jesse Watters messing up names themselves on screen, and gaffes from Republican lawmakers.  

Senior communications advisor for the Biden-Harris campaign T.J. Ducklo released a statement lambasting Trump for a speech he gave tonight in Harrisburg, Pennsylvania, saying: “Tonight, he lied more than two dozen times, slurred his words, confused basic facts, and placated the gun lobby weeks after telling parents to ‘get over it’ after their kids were gunned down at school. But you won’t hear about any of it if you watch cable news, read this weekend’s papers, or watch the Sunday shows.”  

But it was Biden who responded most powerfully. “There’s even a reference that I don’t remember when my son died,” he told reporters. “How in the hell dare he raise that…. I don’t need anyone to remind me when he passed away.” And when asked about Hur’s dismissal of him as a “well-meaning, elderly man with a poor memory,” Biden responded with justified anger: “I am well-meaning, and I’m an elderly man, and I know what the hell I’m doing. I’ve been President. I put this country back on its feet.”