Election Fallout Could Include a Mueller Move

When you poured yourself a drink after Tuesday’s election results came in, was the glass half full or half empty? It was that type of election. Or, to use a sports metaphor, it was like kissing your sister.

The spin doctors were out in force putting lipstick on their respective piggy campaigns. Depending on who parsed the results, Republicans had a good day fending off what turned out to be a blue splash by padding their control of the Senate, or Democrats enjoyed a blue wave in taking back control of the House of Representatives. 

The egoist-in-chief trumpeted his active campaigning in pushing several Republicans to victory while singling out in a press conference Wednesday those GOP House candidates who chose not to embrace him and subsequently lost. 

Republicans gloated about winning high profile governor races in Georgia and Florida; Democrats took solace that their margins of defeat were within a hair breadth of winning. Democrats captured seven governorships and labeled victories in the battleground states of Michigan, Pennsylvania and Wisconsin as harbingers of success in the 2020 presidential election. 

The evils of one party rule in Washington were universally decried by Democrats as they campaigned this fall. They exulted in taking back the House, giving them the opportunity come January to provide a constitutional check and balance to Trump initiatives. 

But even as Democrats reveled in that prospect, New York State Democrats basked in the prospective glow of one party rule now that majorities in the state senate and assembly, and governor, belong to the same party. 

Florida proved to be enigmatic. I heard that a reported 19% of black women rejected Andrew Gillum, the mayor of Tallahassee seeking to become the state’s first African-American governor. Hard to believe. Gillum apparently lost by some 50,000 votes, about 0.6 percentage points. 

Some attribute the loss to latent racial bias. Yet, 64% of voters approved a voter reform amendment to the state constitution that reinstated voting rights to most felons who have completed their sentence. The measure has the potential to re-enfranchise some 1.4 million men and women, one-third of whom are people of color and expected to be Democratic leaning. 

Approving that referendum doesn’t equate with rejecting Gillum. 

The impact of those potential voters has national implications given Florida’s importance in presidential elections. 

Don’t count those voter chickens too soon, however. As civil rights attorneys Danielle Lang and Thea Sebastian noted in a Nov. 1 Op-Ed in The New York Times, “Those who have completed their sentences are all too often prevented from casting ballots simply because they have unpaid court fines and fees” (https://nyti.ms/2CTnDp8). Florida and six other states have laws that deny the vote to people who owe court debt, sums that often are beyond the means of felons.     

Trump’s press conference Wednesday displayed the contentious spirit that has settled on his relationship with the media. Neither side came off as a winner. Trump sounded conciliatory toward the press and toward Democrats, but said a less combative tone going forward would be contingent on their pleasing him. In other words, no negative stories and no congressional investigations. My way, or war would be waged.

The first salvo in that new “charm” offensive came shortly after the press conference ended when it was announced Attorney General Jeff Sessions had resigned under pressure and been replaced by his chief of staff, Matthew G. Whitaker, as acting attorney general. Whitaker is on record as not being a fan of special counsel Robert Mueller’s probe into Russian interference in the 2016 election and other questionable activities by Trump and his associates. 

If the Mueller probe is compromised by Whitaker, keep in mind that Mueller is a former Marine. Marines don’t back down and are committed to completing their mission. It would be within the realm of expectation that Mueller might associate with another more friendly investigative body, namely the House Judiciary Committee under the chairmanship of Democrat Adam Schiff come January. Schiff already is an outspoken critic of the Trump administration and its possible ties to Russia. 

Soda Jerk, Double Dipping and a History Lesson

My personal, in-house nutrition guru—aka Gilda—has advised me that ingesting real sugar is better for my health than absorbing artificial sweeteners like Splenda or Equal. Seems recent scientific studies have shown humans react the same to pseudo sweeteners as they do to sugar, so why risk the introduction of unnecessary chemicals into one’s body. 

As a lifelong Coca-Cola drinker who had a hard time acclimating my taste buds to Diet Coke once I was diagnosed with Type II diabetes, I was all for a return to the Real Thing. But a funny thing happened on my way back to Coke. Turns out Diet Coke tastes better.

I’ve actually cut back on my soda drinking. When I do indulge with a meal at home I opt for an 8-oz. glass bottle of Diet Coke or a 7.5-oz. can (glass being the preferred vessel as we’re trying to cut back on plastic or metal containers). I don’t think of myself as being part of a major trend, but soda consumption of all types is decreasing for more than a decade, with diet versions dropping even more precipitously, no doubt plunging ever more rapidly as new studies on health risks emerge.

Double Dipping: Speaking of health risks, you’ve probably heard about the Listeria scares associated with such foods as Blue Bell ice cream and Sabra Hummus. Product recalls have been initiated, one of which unfolded before my very eyes at a local Costco. 

A customer directly before me brought back for a refund an almost fully eaten tub of original Sabra Hummus. He received his money but after he walked far enough away so he wouldn’t hear me I couldn’t resist noting to the cashier that the mostly consumed hummus obviously had not harmed him. I guess he felt as long as money had been set aside for the recall he might as well take advantage of it even if he had not been inconvenienced by Sabra or Costco. Voilá: another form of double-dipping!

History Lesson: For the moment, our troubled (illegal) immigration policy has been shunted off the front pages and airwaves as the country deals with the horrific and seemingly unending assault by police officers on unarmed men of color. 

The other day, however, I was intrigued by a comment from Drew Holcomb I heard on the radio (Holcomb, for those of you like me who have no idea who he is) is the lead singer/songwriter of Drew Holcomb and the Neighbors). 

As the story was told, one of Holcomb’s Los Angeles friends was complaining about the influx of Hispanics to his city. To which Holcomb replied, “What was the name of the city you live in?,” immediately calling attention to the Hispanic origins of Los Angeles. 

I don’t know where Holcomb attended elementary school but if it was anything like my Brooklyn school the history of European settlement of America was concentrated on the original 13 colonies along the Atlantic seaboard. Spanish holdings in Florida were largely ignored despite the fact that St. Augustine was the first European settlement in the continental United States. Indeed, Spain’s contribution to the Americas mostly was related in terms of its conquistadors, their pursuit of gold alongside subjugation and often violent religious conversion of Native Americans. 

Spain and then Mexico governed most of the Southwest. It was the “gringo” who was the unwanted intruder in land eventually taken by force, first in Texas and then in points further west. 

I don’t have a solution to the immigration crisis. But I do know that too many people forget we are a nation of immigrants and the forefathers of the first Europeans who settled here spoke Spanish, not English, not French, not Italian, not German, not Russian nor any other European language. 

Supreme Court May Well Decide Next President. Again

History may be poised to repeat itself. For the second time in the last five presidential elections, the U.S. Supreme Court may well decide who will sit in the Oval Office.

The Court has accepted for review another challenge to the Affordable Care Act. The question before it—does the law permit federal government subsidies to the needy in states that do not have their own health exchange programs. In those states the federal government has stepped in to provide subsidies (http://www.nytimes.com/2014/11/08/us/politics/supreme-court-to-hear-new-challenge-to-health-law.html?hp&action=click&pgtype=Homepage&module=first-column-region&region=top-news&WT.nav=top-news&_r=0). 

If the Supremes declare the subsidies to be illegal, Obamacare may tumble down from lack of sufficient funding. It also would mean millions would lose health care coverage. It’s pretty certain the four justices who voted against Obamacare two years ago would do so again, meaning Chief Justice John Roberts would be the deciding judge. Again.

If Roberts blocks the subsidies and the ACA ultimately succumbs to a Republican-led attack, universal health care once more would become a key campaign issue in 2016. As they have championed it for decades, Democrats, most prominently their presidential candidate, would benefit from such an outcome. 

Given a June 2015 court decision, Republicans would have just over a year to forge an acceptable alternative to a law that has extended health coverage to more Americans than at any other time in our history. That’s unlikely to transpire given the venomous reaction many conservatives have to such a program.

A negative decision and Republican antipathy toward a replacement ACA might also provide incentive to voters to elect more Democrats to the Senate and even possibly return the Dems to the majority in the House. 

It’s an intriguing state of affairs. Having injected itself into state election law in Florida and chosen George W. Bush over Al Gore in 2000, the Supreme Court may wind up influencing who gets elected to the White House in 2016. 

Ah, I’d love to be a fly on the wall in Democratic leadership meetings as they discuss what would be better for the party, and the country, come next June.

Waiting for Sandy

Waiting for Hurricane Sandy to make landfall in Westchester County, I am troubled by thoughts I have not done enough to prepare. Gilda and I have gone round and round about the wisdom and efficacy of buying a portable gasoline powered generator (our subdivision is not serviced by natural gas so we can’t get a backup whole house generator). Walking through the Christmas Tree Shop on Friday I was tempted to make an impulse purchase of a 3,500 watt generator for $299, but Gilda talked me out of it when I called her. Over 28 years we’ve never had a power outage, though we have come close. Several years ago a tree fell across our cul-de-sac street, land-locking us for a day. How it didn’t sever any power lines is beyond me. I’m worried our good fortune will run out.

Anyway, the real danger should we lose electricity is the loss of sump pump power. Our basement would flood quickly as we are the lowest house in our development situated over a high water table. Our sump pump has an emergency backup battery. If we do lose power I hope it’s not longer than the life span of the battery.

I’m not a Chris Christie fan but watching the New Jersey governor’s press conference on Hurricane Sandy preparations I was impressed by his beefy determination to be ahead of events. His non-nonsense stance epitomized New Jersey’s tough-minded attitude. Also worth noting that Christie said President Obama called him to assess the state’s readiness and its working relationship with FEMA. Nice to see Obama acting proactively and Christie giving props to a Democrat.

Lots of people and organizations giving tips on how to prepare for the coming deluge. I ignored most of the suggestions but for some reason decided storing water in buckets and even a bathtub was a good idea. 

Dan, Allison, Finley and Dagny are stranded in Sarasota, Fla. Dan’s ultimate frisbee team, Boston Ironside, was playing in the national championship tournament. They’ve finished second three out of the last four years. They came into the tourney rated number one in the country, but lost in the semi-finals Saturday to a team from Texas, Doublewide, which wound up winning the title Sunday afternoon. Small compensation was the NY Giants’ thrilling, nail-biting, clinging victory over the Dallas Cowboys early Sunday evening. Dan’s family can’t get out of Florida until Tuesday at the earliest. My brother, as well, is stuck on the east coast of Florida. 

Taxing Times

April 15. Taxes due. Well, this year because April 15 falls on a Sunday you have an extra day to file. Lots of people gnash their teeth at the idea of forking over money to the government, be it federal, state or municipal. I kind of take my father’s approach. He used to say he wouldn’t mind paying $100,000 in taxes as it would mean he’d have had a very good business year.

Of course, not everyone agrees with how government collects and spends our monies. One of the more tongue-in-cheek commentaries on the “fairness” of our federal tax system comes from Al Lewis who writes a column for the Wall Street Journal that appears every Sunday with our copy of the Westchester Journal News. Here’s a link to his thoughts, “Time to Pay Up, Chump”: http://online.wsj.com/article/SB10001424052702304356604577340051572237414.html?KEYWORDS=Al+Lewis


Florida Bound: Now that George Zimmerman has been arrested and charged with second-degree murder in the slaying of Trayvon Martin, will that be enough to quell the rage and outrage of this seemingly senseless killing, or will a conviction be the only thing that can cool racial tempers?

Trayvon’s mother said the family just wanted Zimmerman arrested so he could stand trial. Sybrina Fulton even said on television she thought the shooting was “an accident,” though she later refined her comments to mean the encounter between Trayvon and Zimmerman was accidental but became a case of the Neighborhood Watch captain profiling her black teenage son before killing him.

We have yet to hear Zimmerman’s account of the tragedy but I’d be truly surprised if he is convicted. He might not even have his case decided by a jury. A judge may well throw out the case based on Florida’s Stand Your Ground defense statute which allows deadly force if threatened. Dave Ross, a CBS News radio commentator, provided several examples last Thursday of first-degree murder charges dismissed by judges, including one where the alleged murderer, Michael Monahan, was 20 feet from his victims, yet claimed he felt threatened. Arrest, said Ross, doesn’t necessarily lead to trial. You can listen to Ross’s short commentary, "Will It Go to a Jury," by following this link: http://newyork.cbslocal.com/audio/888-dave-ross/

By the way, in case you’re wondering what the Stand Your Ground law says, here’s a salient portion of it: “A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”

The National Rifle Association casts the debate on the death of Trayvon Martin as a gun issue, a right to bear arms issue (http://www.nytimes.com/2012/04/15/us/nra-criticizes-trayvon-martin-media-coverage.html?_r=1). But would it have made a difference if Zimmerman had knifed Trayvon to death? The issue is Stand Your Ground, not gun control. Dave Ross gave an example of Greyston Garcia who used a knife after chasing a thief and then being attacked by the perpetrator. Apparently, pursuing someone and then being threatened is sufficient legal grounds in Florida to have a judge invoke a Stand Your Ground dismissal.

All of this brings out my dark humor side. Friday night over dinner with friends, I couldn’t stop talking about asking anyone I dislike or just want to tease if they would like to go to Florida with me. I’d knock them off in some secluded spot and claim a Stand Your Ground defense after placing a knife or gun in their hand. Actually, as Monahan's case revealed, those threatening you don't even have to be armed. Or close by. The sordid deed doesn’t have to take place in Florida. About two dozen states have similar Stand Your Ground statutes. Of course, I was only joking during dinner (aided by a large glass of chilled vodka). The real effect of all these laws is that one should never lose one’s temper anymore. You can never tell whether the person to whom you are directing your anger feels threatened and takes the ultimate defense, straight to your heart.


Mister Roberts: While we’re on the subject of judges, here’s an interesting fact. When President Franklin D. Roosevelt’s New Deal legislation encountered problems with the Supreme Court, and he considered “packing” it with more judges favorable to his thinking, the swing justice on many of the cases was Owen Roberts. Many of the decisions rested on interpretations of the Commerce Clause of the Constitution. How fascinating that the current Supreme Court led by Chief Justice John Roberts (no relation) must decide if the Commerce Clause gave Congress authority to pass the Affordable Care Act.


Charity Work: Is it time to start a charity for Levi Johnston? We’ll call it Condoms for Levi. If you haven’t heard, the former boyfriend of Bristol Palin has impregnated another girl, though this one’s mother probably won’t be running for higher office. http://m.nypost.com/p/pagesix/levi_johnston_pills_girlfriend_pregnancy_n19w4FVk1Zz95zAbYOWxIP


For the Birds: Some people have dogs to clean up leftovers. I have birds. Leftover Passover matzo and really hallucious-tasting Crispy O’s (a Passover kosher version of Cheerios) will become bird food now that the holiday is over. In case you haven’t figured it out, hallucious is a Yiddishism for vile or atrocious. But birds being the scavengers they are, I have no doubt they will eat away, as long as they don’t break their beaks on the hard as rock Crispy O’s.

GOP Dilemma: Party or Country First?

Florida Republicans will troop to the polls Tuesday (ok, maybe some of them will roll in wheelchairs or shuffle along using walkers, while others drive in pick-up trucks with gun racks) to provide the latest answer to a dilemma facing their counterparts across the country—are they more interested in choosing a presidential standard bearer who could attract a spectrum of support among independents and even some Democrats, or are they more interested in ideological conservative purity deeply tinged with personal and emotional failings?

Polls show Mitt Romney comfortably ahead of Newt Gingrich by double digit figures. The perception of electability, along with confidence he would not be as divisive as Gingrich, his business background and his stain-free past (other than, in the repetitive refrain of Gail Collins of the NY Times, driving to Canada for a vacation with his dog strapped to the roof of the family car) make Romney a formidable challenger to President Obama’s re-election. True, there’s not much passion behind his candidacy, but it’s rare to see an automaton provoke deep feelings in humans.

Gingrich, on the other hand, stirs emotions. He is the personification of the “tumulter,” a term from many languages identifying someone who thrives on “the commotion or agitation of a multitude, usually accompanied with great noise, uproar, and confusion of voices; hurly-burly; noisy confusion.”

The former House speaker says he will stay in the race all the way to the GOP convention (or, more realistically, until the Adelsons stop funding his campaign). If he continues to rile up the conservative base against Romney he’ll be doing double-barreled damage. First, he’ll be providing fodder to Obama’s campaign. There’s nothing better than using fellow Republican smears to smear your Republican opponent in the general election. Obama benefits regardless of who becomes the GOP nominee.

Second, and perhaps more troubling for Romney, will be the cumulative effect on the hard-core right wing of the Republican/Tea Party. Will arch conservatives, evangelical Christians, have enough passion (read that, hatred) in their hearts against Obama to swallow hard, hold their noses and vote for Romney if he’s the candidate, or will they stay home?

Back in 1964, moderate Republicans abandoned the party’s nominee, Barry Goldwater, and voted for President Lyndon Johnson. In 1968, lots of disaffected Democrats failed to rally in time to Vice President Hubert Humphrey, letting Richard Nixon eke out a narrow victory. In 1976, President Gerald Ford couldn’t command enough Ronald Reagan-inspired conservatives to beat back a challenge by Jimmy Carter. Vice President Al Gore couldn’t attract enough of Ralph Nader’s ardent environmental supporters nationwide in 2000 to prevent George W. Bush from eventually getting the keys to the White House handed to him by the U.S. Supreme Court after the hanging chad fiasco in Florida.

Nothing will be decided tomorrow except who gets Florida’s 50 convention votes. But the size of Gingrich’s tally might provide an indication of how strong the anti-Romney sentiment is and whether the GOP in the fall will be able to mount a full-frontal, broadly coordinated assault on the White House’s current occupant.

I Am America

Did you see the article in Monday’s NY Times about the unofficial anthem of the Tea Party, I Am America, a song Herman Cain is using to jazz up his campaign for the Republican presidential nomination? Here’s a link to the story: http://www.nytimes.com/2011/10/17/us/politics/krista-branchs-i-am-america-aims-to-be-tea-party-anthem.html?_r=1&scp=1&sq=krista%20branch&st=cse

And for those who are curious, here’s a link to the song itself, sung by Krista Branch, wife of the composer, pastor Michael Branch: http://www.youtube.com/watch?v=0heL2Czeraw . That’s right, Michael Branch is a pastor, so if the song has some evangelical tones, cut it some slack.

My problem (I always have a problem, it seems) with the song and its positioning as a Tea Party/Cain standard is the implication that those who don’t share its views are not real Americans, that they’re un-American, that they’re not patriotic.

I’d rather see politicians choose uplifting songs, such as Bill Clinton’s use of Fleetwood Mac’s Don’t Stop Thinking About Tomorrow, than a song that pits one group against the other.

Speaking of pitting one group against another, did you hear about the Republican state representative in Florida, Ritch Workman, who wants to repeal the 1989 state ban on dwarf tossing in bars because it would provide employment to dwarfs. Though he told the Palm Beach Post dwarf tossing is “repulsive and stupid” and he would never watch it, Workman said of the ban, "All that it does is prevent some dwarfs from getting jobs they would be happy to get. In this economy, or any economy, why would we want to prevent people from getting gainful employment?"

See, Republicans do have a jobs program, albeit for little people only.

For Ritch Workman (you just gotta love that perfect name for a Republican politician) it comes down to Big Government intruding into the lives of ordinary citizens. Dwarf tossing is "none of the state's business," he told the Post.

From small people to giants: I, for one, am not too distressed about the NBA lockout. I’m not a basketball fan. Maybe it stems from my basic ineptitude on the court. That being said, I do feel sorry for everyone but the players and owners who are affected by the lockout, people such as the concession stand workers, the restaurant owners and their staffs who depend on game night traffic, parking lot attendants and others whose income is dependent on the games. “But if you want to watch millionaires throwing elbows,” Stephen Colbert said Tuesday, “there’s still the Republican presidential race.”

Watching Tuesday night’s Republican presidential candidate debate in Las Vegas (I hope you appreciate the sacrifices I make to bring you this blog), I was struck by how often the contenders blamed government regulations for tamping down job creation. It’s hard to disagree with the regulatory burden argument on the same day the U.S. Senate displayed rare bipartisanship by voting down a proposed Dept. of Agriculture mandate to limit the amount of potatoes and other starches in school meal programs. Instead of focusing on the foodstuff, perhaps the USDA should have tried to control the preparation technique. Outlaw frying, not potatoes.

So, yes, regulations can go too far. Big government can be destructive and intrusive. But then there are regulations that are helpful, such the one issued by the Federal Communications Commission requiring cell phone carriers to alert customers when they are approaching their monthly contractual minutes, enabling them to avoid huge overage charges. Unless you’re an executive with a cell phone company, or a Ron Paul libertarian, I seriously doubt you’d find that regulation objectionable.