By Ken Zino

Well, the first talking-head assumption that voter turnout was expected to be high for the midterm elections was right. However, the widespread narrative that the Republicans were going to get a Red Wave was wrong. A sufficient number of the Americans who voted -- not all, but enough -- choose to keep a constitutional democracy in place that eschews violence and insurrection.

Yes, inflation is a concern, but enough Americans realize more tax cuts for the wealthy is not a way to address it. I had once thought that the election was going to be the French Revolution played in reverse with tyrants and despots taking control of ordinary working people. There was no Red Wave, but there was no Blue Wave, either. Franklin Roosevelt in 1934, Bill Clinton in 1998, George W. Bush in 2002 had their parties pickup seats in the midterm elections – a very select group. 

As of Wednesday we have a divided, but not a lop-sided two-party system stumbling forward at local, state, and federal levels. There are still undetermined and far-reaching consequences about our struggling democracy’s future, though it could have been worse. The full picture will take days or weeks or longer to emerge. We are in the midst of economic and ecological crisis that will be difficult to address. There is no clear narrative outlining the complicated days ahead. 

Once again, this election was about Trump. His over-exposure in the media combined with the January 6 panel hearings allowed enough Americans to see him for what he is. Launching a political insurrection to retain power over an election he lost remains a bad idea. Republican election deniers were thumped in the Michigan, Pennsylvania and Wisconsin gubernatorial races. The AP called the Pennsylvania race for John Fetterman, the Democrat in a contested Senate race with television personality and snake oil salesman Mehmet Oz, early Wednesday morning. 

In his victory speech, Fetterman referenced the stroke he suffered just four days before his Democratic primary victory last May: “Health care is a fundamental right and it saved my life.” The Republicans tried for years to abolish the Affordable Care Act, but had no plan when voters continually supported it. Sound familiar? 

Facing a recession, international threats to the U.S. from hostile totalitarian states and people and planet destroying global warming, enough Americans realize that what Trumpism really means is the ex-president is only in it for himself. Trump rejects global warming and military alliances in favor of the autocratic Russian and North Korean governments, and this does nothing for solving problems that require thoughtful, progressive and collective action. Biden, with his experience and broader approaches to problems helped the Democrats in the midterms, after all. 

Now we need to tend to our knitting. We need to have an economy that works for all; one with equitable taxation. We need to ensure our planet’s future. We need to set an example of a working democracy for all the world to view. Not all of us, but as of last Tuesday, enough of us, are holding these truths to be self-evident.

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By Todd Lassa

Judging from the crowd reaction at the 2021 CPAC “America Uncancelled” gathering, and from the large-ish group of the former president’s supporters outside the Orlando Hyatt convention hall, Donald J. Trump has already won the 2024 presidential election, just as he “won” last November. 

“I will continue to fight right by your side,” Trump told the adoring crowd at the beginning of his nearly two-hour speech to the Conservative Political Action Conference. “We’re not going to start a new party. We have the Republican Party. Wouldn’t that be brilliant? Let’s divide our vote. We’d never win again.”

This was the Sunday evening keynote, if that term applies to a speech in which ex-President Trump returned to familiar gripes and lies, specifically a repeat of how he really won a “stolen” election last November.

He called out the U.S. Supreme Court twice, at least, for refusing to hear challenges to the election results, including Texas’ suit against 18 states whose Electoral College votes went to Joseph R. Biden.

He repeated his attacks on Democrats, this time amping up the rhetoric such that they aren’t merely promulgating socialism but full-on communism. Trump slammed President Biden’s “failed” first month in office for many issues, including the dismantling of the former president’s draconian immigration policy and immediate stop on construction of the southern border wall on Mexico, making this policy look like the corollary to President Obama’s Affordable Care Act, which he spent four years unsuccessfully trying to kill. 

Trump promised to challenge the 10 Republican representatives in the House who voted to impeach him last January (singling out Liz Cheney, the “warmonger” from Wyoming) and seven Republican senators who voted to convict him last month, in their next primaries, and crowed about how his endorsement of Sen. Mitch McConnell, R-KY, (whose mention garnered a healthy round of “boos”) pushed him to re-election victory.

In the end, former President Donald J. Trump lit up the crowd with this: “We have to have triumph. We must have victory. That is exactly what we will do. We will go on to victory. We’re tougher than they are. We’re stronger than they are.” 

“And then a Republican president will make a triumphant return to the White House,” Trump continued. “And I wonder who that will be. … I wonder who that will be. … Who, who, who will that be.” It wasn’t a question.

It most likely will not be Sen. Ted Cruz, R-TX, who appeared in the opening hours of CPAC last Friday to joke about how nice is was to be in Orlando, though “not as nice as Cancun.” 

Cruz did not make CPAC’s straw poll of 2024 presidential nomination candidates, which Trump captured with 55% of the vote, The Hill reports. Florida Gov. Ron De Santis was next with 21%, and South Dakota Gov. Kristi Noem grabbed 4%. And 95% of CPAC attendees said they want the GOP to continue Trump’s not-consistently conservative populism. (Click on Forum for the complete straw poll results.)

Which raises the question of how much of today’s GOP CPAC represents. Interviewed on CNN after Trump finished to the sounds of The Village People’s “YMCA,” (Fox News followed the speech with highlights of the speech), the ex-president’s national security advisor from 2018-19 and former Fox News contributor John Bolton, described the former president’s speech as “like watching an old movie, very stale … or TV reruns.”

Of Trump’s straw poll showing of 55% Bolton said, “that is a pathetic figure. I would expect 90%. That is an indication of how much he’s fallen already.”

How much has Trump fallen? On one hand, CPAC’s traditional role as representing the right edge of the Republican party could be seen as a misrepresentation of Trump’s continued popularity within the party (several pundits have remarked that Sen. Rand Paul, R-KY, has won the straw poll in the past, twice). On the other hand, no former Republican president has ever before bothered to even show up for the event a month after his successor’s inauguration. 

It seems to all come down to what happens in the next 21 months. If Trump’s candidates beat “un-loyal” Republicans in next year’s congressional primaries, and then go on to beat Democrats in the November 2022 mid-terms, Trump might be on his way to a third presidential nomination. If none of that happens, McConnell and the traditional Republicans may prevail. 

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Read the full list of CPAC’s presidential candidate straw poll — click on Forum.

By Todd Lassa

Precisely one week before Election Day, Chief Justice John Roberts administered the judicial oath to Amy Coney Barrett allowing her to take her seat on the U.S. Supreme Court. Late Monday, Justice Clarence Thomas administered the Constitutional oath to his new colleague shortly after the Senate confirmed Barrett by a vote of 52-48, Republicans in favor and Democrats opposed, One Republican, Susan Collins of Maine, who is fighting for her political life in her re-election bid, voted against Barrett. 

Justice Barrett starts work at the Supreme Court immediately, not a moment too soon for Republicans. The court, with Barrett now the sixth justice nominated by a Republican president and part of a potential five-justice majority with Chief Justice Roberts the swing vote, may soon decide challenges to the Obama administration’s Affordable Care Act, Trump administration executive orders on immigration policy, same-sex couples’ rights and the U.S. Census. The court is also expected to soon decide an effort by Trump’s lawyers to block the release of the president’s financial records to a Manhattan grand jury. 

There is also the likelihood the Trump re-election campaign will challenge Nov. 3’s results if Democratic candidate Joe Biden wins the electoral college. 

There is already election-related roiling in the courts, Pennsylvania Republicans wanted to block an extension to counting mail-in votes. The court rejected it without comment, so it may be refiled within the next few days. 

The court also rejected a case brought by Wisconsin Democrats who wanted to extend the deadline to count mail-in ballots.

The counterpoint to such apparent setbacks to the Democratic Party’s efforts to increase voter turnout and potentially win a majority of the Senate, as well as take back the White House, is that anti-abortion voters who are moderate or liberal on other issues may consider their goal achieved, and therefore may choose to not vote for President Trump next Tuesday. 

As if to counter that irony, Rep. Alexandria Ocasio-Cortez on Tuesday called on Biden to expand the court beyond nine justices if he wins the presidency. Biden so far has refused to commit to “packing the court” as an obvious effort to keep the issue off the Nov. 3 ballot. The former vice president said in the Oct. 22 presidential debate that he would establish a commission to consider the option.

Please address comments to editors@thehustings.news

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By Charles Dervarics

Voters claimed at least a small victory Thursday night when the major party presidential candidates had to accept a tool familiar to anyone working in remote video meetings during the pandemic – the all-important mute button.

Both President Trump and former Vice President Joe Biden had to follow this new rule, which significantly reduced interruptions during their final debate in Nashville. The president showed occasional frustration at having to wait for an open microphone, but the new guideline kept shouting to a minimum and gave viewers a chance to hear the candidates’ views on key issues.

During the 90-minute debate moderated by NBC’s Kristen Welker, the two candidates sparred over every issue from COVID-19 and race relations to China, North Korea, immigration and climate change.

On COVID-19, Trump laid blame primarily on China and said that “we’re rounding the corner” on the virus with a vaccine announcement likely within weeks. “We can’t close up our nation or we won’t have a nation,” he said. Biden countered that the president’s performance has fallen far short with 220,000 Americans dead from the disease. “Anyone responsible for that many deaths should not remain as president of the United States,” he said.

The former vice president also said he planned to implement “Bidencare,” with Affordable Care Act improvements such as lower premiums and drug prices and the ability of low-income individuals to opt into Medicaid. Trump criticized this plan, saying it would lead to socialized medicine and a loss of private insurance for 180 million Americans. 

An extended segment on race relations saw the candidates approach the issue from different directions. Trump touted his administration’s passage of criminal justice reform and more funding for historically Black colleges, saying the Obama-Biden administration failed on these and other issues. “I ran because of you,” he said. “If I thought you did a good job, I would’ve never run.”

For his part, Biden said he regretted past support for minimum sentencing laws and promised to give states $20 billion to eliminate these standards and create drug courts so offenders go to treatment rather than prison. “We should fundamentally change the system, and that’s what I’m going to do.”

Some of the most heated moments came when Trump challenged Biden over alleged misdeeds by his son in gaining international business and whether the former vice president benefitted from deals in China and Ukraine. Biden denied any wrongdoing and the debate turned to Trump’s own international business dealings, bank accounts and unseen tax returns. At one point, Biden turned to the camera and noted that the election is “not about his family or my family. It’s about your family, and your family’s hurting badly.”

With the debates now complete, both candidates head into the final 11 days of campaigning. Nearly 50 million Americans already have cast early votes, with Election Day set for Nov. 3.

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By Todd Lassa 

Senate Judiciary Committee Chairman Lindsey Graham, R-S.C., has scheduled the panel’s vote on the nomination of Judge Amy Coney Barrett to the U.S. Supreme Court for 1 p.m. Thursday, Oct. 22. The committee, comprising 13 Republicans and 10 Democrats, is considered a sure bet for approving Barrett, whose hearings with the panel concluded Wednesday.

The full Senate will vote to approve Barrett before the presidential election Nov. 3, Graham said. With just two Republican senators, Lisa Murkowski of Alaska and Susan Collins of Maine, having earlier opposed seating a replacement for the late Justice Ruth Bader Ginsburg before the election, the GOP still maintains a majority to approve President Trump’s nominee before the month is over. 

In her appearances before the Judiciary Committee Tuesday and Wednesday, Barrett carefully demurred on questions from Democratic members over concerns the nominee would rule with the court’s fortified conservative majority on potential disputes over the Nov. 3 election, as well as a case the Trump administration brought to the courts over the Affordable Care Act. For the longer term, Democrats interrogated the conservative Catholic mother of seven on her views regarding the 1973 Roe vs. Wade Supreme Court case that made abortion legal nationally. 

But on these and other matters, Barrett repeatedly declined to answer on potential future cases. 

In her opening remarks, Barrett described herself as an “originalist” in the mold of her mentor, Justice Antonin Scalia, whose replacement after his death early in 2016 resulted in Senate Majority Leader Mitch McConnell blocking President Obama’s nominee, Merrick Garland.

“That means that I interpret the constitution as a law, that I interpret its text as text, and I understand it to have the meaning that it had at the time people ratified it,” she said.

Jeffrey Toobin, legal analyst for CNN and The New Yorker , told NPR Thursday morning that while several Supreme Court nominees have called themselves “originalists” since Scalia in 1982, “she may be the first one to actually mean it… .” 

Barrett told the committee, however, that she is not a carbon-copy of her mentor.

“If I were confirmed, you’d be getting Justice Barrett, not Justice Scalia …,” she said. “I share Justice Scalia’s philosophy, but I never said I agree with him on every issue.”

She did give Democrats some hope in not ruling out the question of recusal from votes on next month’s election and on the ACA ruling, but again declined to answer Sen. Kamala Harris’, D-Calif., question on whether she believes in climate change, because of the potential for a case coming up before the court. [Republicans had singled out Harris, the Democratic vice presidential candidate,  for what they considered aggressive questioning in Justice Brett Kavenaugh’s Judiciary committee hearing in 2018.]

Committee Republicans praised Barrett as a justice who will inspire young conservative women and girls the way Justice Ginsberg inspired young liberal women and girls.

“This is the first time we’ve nominated a woman who is unabashedly pro-life,” Graham said.

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By Charles Dervarics

After a chaotic face-off last week between President Trump and Democrat Joe Biden, Wednesday night’s debate between the vice presidential nominees offered a brief return to normalcy – at least as normal as it gets in 2020.

Despite major disagreements, Vice President Mike Pence and Sen. Kamala Harris, D-Calif., debated civilly (for the most part) and delivered effective talking points on everything from COVID-19 to China and the Supreme Court. Not that it was exactly like debates of old: Plexiglas separated the candidates due to health concerns after positive COVID tests for the president and others at the White House. The night also was historic with the participation of Harris, the first woman of color on a major party presidential ticket.

But as the nation prepares to choose between the oldest presidential nominees in history, both Pence and Harris offered some depth on issues in what could be a preview of the 2024 campaign.

The debate began with a focus on COVID-19, as Pence claimed the administration had undertaken the “greatest national mobilization since World War II” while Harris charged that the White House was not truthful with the American people. On a vaccine, she added, “If Donald Trump tells us to take it, I’m not taking it.”

But the issue didn’t crowd out other topics, and both clearly had messages for swing state voters. Pence criticized the Green New Deal and accused Democrats of wanting to halt fracking. Harris talked up Biden’s plans for jobs and economic revival, including more support for education and manufacturing.

Pence sidestepped some questions – including the future of the Affordable Care Act – and Harris would not answer if Democrats plan to expand the Supreme Court if the Senate approves the nomination of Amy Coney Barrett. Look for more intensive media queries on those topics this month.

Both also routinely pushed the boundaries of time limits set by moderator Susan Page of USA Today – Pence seemed to be the worst offender there – although Page kept the debate from going off the rails. 

As someone who covered the first debate with a woman running for vice president – George H.W. Bush vs. Geraldine Ferraro in 1984 – the differences between that night and last night were stark. In 1984, the first question to Ferraro was how she could compare herself to Bush, a congressman, ambassador, and CIA Director before becoming Ronald Reagan’s VP. Ferraro later chided Bush for taking a condescending tone and near the end, the male moderator joked with Bush about the World Series. All of that was very 1984, and a far cry from what transpired last night. 

Trump and Biden are up next on the debate calendar, scheduled for a Town Hall-style meeting Oct. 15, but it’s not clear at press time if the event will take place. The Commission on Presidential Debates has announced plans to make it a virtual event, and President Trump said Oct. 8 he does not plan to participate under that format.

Charles Dervarics is a writer and policy analyst in Alexandria, Va.

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