Monthly Archives: March 2017

The HB2 Repeal: Is It As Bad As Everyone Says?

Well, I find myself in the awkward position of disagreeing with friends, colleagues, and organizations that I respect (like the ACLU, of which I have been an active member for 24 years). That’s not fun. The issue? House Bill 142.

For those living under a rock, HB142 is the bill passed by the North Carolina General Assembly and signed into law by Governor Cooper yesterday. It attempts to repeal HB2 — the heinous “transgender bathroom bill” —  and more importantly (from some people’s perspective) appease the NCAA which has threatened to ban North Carolina from holding any tournaments due to HB2.

To read some of the headlines, you would think HB142 lines up transgender people and shoots them. “The HB2 “Repeal” Bill Is an Unmitigated Disaster for LGBTQ Rights and North Carolina” screams Slate. Reverend Barber calls it “an insult to civil rights“.  The ACLU says: “there is no repeal of the anti-trans HB2, only more discrimination“.

Really? There’s actually been NO repeal AT ALL?  There’s MORE discrimination?  What am I missing?  Am I the one who is crazy?

Quite possibly. But right now, I honestly believe HB 142 is a fairly decent compromise.  And it’s quite possible that the resistance may be overplaying this victory by casting as a loss.

Those who do this are wrong in my view.  HB142 is not HB2.0.

Let’s get a few things out of the way:

First, this was always going to be a compromise bill. Republicans rule the North Carolina General Assembly.  So if you expected a civil rights bill ON TOP OF a repeal of HB2, then somebody sold you a lie.  And it wasn’t Governor Cooper. Now, it is perfectly reasonable to demand that the law protect transgender people (as well as gay, bisexual, queer, etc. people). *I* demand that. But those things do not come in a day.  They just don’t. We’re STILL working on racial inequality for crying out loud.  The exercise here — with this bill — was not to get the law to protect transgender people, but to get the law to stop discriminating against them.  So if you are in the “all or nothing, today” camp, stop reading, because I practice the art of the possible, and nothing I say going forward will please you (in fact, it will likely infuriate you).

Secondly, to those who say that HB 142 doesn’t do enough — well, of course not. Again — it is a compromise bill. I have no reason to think that Roy Cooper or Senator Jackson or the others did not hammer out the best deal possible.  Again, it wasn’t intended to resolve the issue of transgender rights for all time.

Finally, I personally could not give a damn about the NCAA and where tournaments are held. I think the loss of jobs to the state are, and should be, a concern.  Same with the loss of state “prestige”. But the bottom line for me is civil rights. For me, that overshadows everything.  That’s the yardstick I am using here to measure the success, or lack thereof, of HB142 in comparison to HB2. So please don’t question my motive. I want what the ACLU and the LGBTQ community and all lovers of civil rights want – full stop, period.

That said, HB2 is dead. Can I get an “amen”?



If you read some of these articles (or scan the headlines) you would think HB2 is not dead, or that it had been supplemented with worse stuff.  So let’s break this down and discuss what HB142 — now the law — actually does.  Because it’s short, I’ll insert the entire text:

Okay, so is HB2 repealed? Yes. It’s right there in English.  Section One. Statutory Laws 2016-3 — which is HB2 — is repealed.  Click the link. Read what HB2 was.  It was a lot!  It’s gone now.

So let’s move to the NCAA gripes, because it was in plain non-legalese English, and it will help explain what is no longer.  Here, specifically, is the reason the NCAA singled out North Carolina for the proposed ban (from the NCAA website):

The board stressed that the dynamic in North Carolina is different from that of other states because of at least four specific factors: 

  • North Carolina laws invalidate any local law that treats sexual orientation as a protected class or has a purpose to prevent discrimination against lesbian, gay, bisexual or transgender individuals. 
  • North Carolina has the only statewide law that makes it unlawful to use a restroom different from the gender on one’s birth certificate, regardless of gender identity.  
  • North Carolina law provides legal protections for government officials to refuse services to the LGBT community. 
  • Five states plus numerous cities prohibit travel to North Carolina for public employees and representatives of public institutions, which could include student-athletes and campus athletics staff. These states are New York, Minnesota, Washington, Vermont and Connecticut. 

The second and third factors are gone. HB142 wiped them out with the stroke of a pen.  The fourth factor relies on those other cities, but they will presumably permit travel to North Carolina now.

That’s not nothing.  That’s something.  That’s a victory.  Can we acknowledge that?

To be sure, it returns us to the status quo — i.e., the time Charlotte’s ordinance protecting those with non-conforming gender identity. Is the government working to protect the transgender community from discrimination?  Nope.  But now the government is not doing the actual discrimination itself, and, yes, that is big.

It’s like desegregating the public water fountains, even though the business-owned lunch counters remain segregated.  It’s NOT “nothing”; it’s NOT “worse”. It’s an improvement.

What about the NCAA’s first factor and the argument that HB142 does not allow Charlotte and other communities to pass laws protecting the transgender community (at least until 2020)?  I shake my head at that argument, and this is where I think most people have it wrong. We shouldn’t WANT local municipalities to have the power to “enact or amend an ordinance regulating private employment practices or regulating private public accommodation”.

Why not?

Because hundreds of communities in North Carolina will take the opportunity to stick it to the LGBTQ community.

What’s the point of repealing HB2 if Apex, North Carolina (for example) can turn around and pass its own version next week?  You see, not every community in North Carolina is as enlightened as Charlotte or Raleigh or Asheville.  In fact, most aren’t (drive through East Carolina one day).  And LGBTQ people are everywhere in North Carolina. Taking legislative power away from local municipalities was a feature, not a bug.

Also, it is better off if the battlefield is the state legislature — ONE state legislature — rather than hundreds of cities, town, incorporated settlements, etc.  The “resistance” lacks the resources to fight the transgender discrimination issue in every NC municipality and win. Leaving invidious prejudicial treatment to the whims of local legislatures would allow pockets of prejudice to exist for decades (see, for example, the school district in Mississippi which finally became racially desegregated this month!)

What happens in 2020, when the prohibition is lifted?  In truth, it matters little.  The provision to kick the can down the road wasn’t meant to postpone justice.  And it certainly wasn’t meant to postpone injustice.  It just acknowledges reality — that no matter what the state legislature does, it will end up in the courts, as everything does with civil rights.

Put another way — you’re not going to end discrimination against the transgender community completely until a court says so. End of story. You can’t legislate “equal protection under the law” because it is a constitutional/legal issue, not a political one.  And by 2020, these issues will have been worked out.

Yes, it is true that repealing HB2 probably killed North Carolina lawsuits against HB2 (rendered them moot).  But there are plenty of other lawsuits out there, most notably, Grimm v. Gloucester County School Board, regarding the 17 year old transgender male student in a Virginia high school. Sent back down to the Fourth Circuit from the U.S. Supreme Court a few weeks ago, it is likely to go back up as soon as the Fourth Circuit decides (both sides are likely to appeal).  And the outcome there will govern what happens in North Carolina — mostly likely in 2019.

So what do we have to be upset about?  HB2 is no more. HB2-like discrimination cannot sneak in through the back door via local legislatures.  And everything is on hold until the courts resolve this, which they were going to do anyway.  It hasn’t slowed down the litigation track.

“Justice delayed is justice denied” is a maxim used by Martin Luther King, Jr., but dates back to William Penn and even the Magna Carta. I wholly acknowledge that transgender people have every reason to be anxious and upset that the guarantee of their civil rights were not met on March 30, 2017.  I don’t know who or what led them to believe the a Democratic governor in a mostly-conservative state could deliver them their rightful legal protections in one fell swoop.

But if they are angry, then I say good.  They need to be; everyone needs to be.  But nobody should feel defeated by HB142, as many do.  The system works, albeit slowly, and if you don’t remind people every once in a while of their victories, then cynicism wins.  And when cynicism wins, corruption and prejudice is not far behind.

This goes in the win column, and we need to remain vigilant. THAT’S my point.  I ask permission to revise and extend my remarks as needed.

How Is AHCA Doing?

Depending on which news organization you look at, if the Republicans lose 22 or 23 votes, the AHCA is dead in the House. The voting is taking place today, and the bill is changing with little giftees for certain districts.  Here is a wrap-up of where we are so far on the vote count, but pay close attention to the times below.  This is a VERY fluid thing.

And this just got tweeted:

I went to bed thinking they would make deals and get the votes.  But they failed to satisfy the Freedom Caucus last night, and I’ve seen a few confirmed no’s this morning.

On the other hand, there’s still more hours ahead. The Freedom Caucus is meeting with the President at 11:30 am today.

Ohhhhh…. if I had to guess, I would say it won’t pass the House.

UPDATE: Earlier today, the Freedom Caucus left the White House unmoved to change their NO vote.  And just now… this:

Some Leaks Are Illegal; Ours Aren’t

At a press conference today, House Intelligence Chair Devin Nunes gave the following statement:

At our open hearing on Monday, I encouraged anyone who has information about relevant topics—including surveillance on President-elect Trump or his transition team—to come forward and speak to the House Intelligence Committee. I also said that, while there was not a physical wiretap of Trump Tower, I was concerned that other surveillance activities were used against President Trump and his associates.

  • I recently confirmed that, on numerous occasions, the Intelligence Community incidentally collected information about U.S. citizens involved in the Trump transition.
  • Details about U.S. persons associated with the incoming administration—details with little or no apparent foreign intelligence value—were widely disseminated in intelligence community reporting.
  • I have confirmed that additional names of Trump transition team members were unmasked.
  • To be clear, none of this surveillance was related to Russia or any investigation of Russian activities or of the Trump team.

The House Intelligence Committee will thoroughly investigate this surveillance and its subsequent dissemination to determine:

  • Who was aware of it
  • Why it was not disclosed to Congress
  • Who requested and authorized the additional unmasking
  • Whether anyone directed the intelligence community to focus on Trump associates; and
  • Whether any laws, regulations, or procedures were violated

I’ve asked the Directors of the FBI, NSA, and CIA to expeditiously comply with my March 15 letter, and to provide a full account of these surveillance activities. I informed Speaker Ryan this morning of this new information, and I will be going to the White House this afternoon to share what I know with the President.

Nunes went on to say this was normal incidental collection, possibly including Trump’s communications. He said it was all obtained legally. He said the communications were collected in November, December, and January. He stated he was unsure whether these were wiretapped phone calls, or something else. He wondered why the identities of Trump people were unmasked (though his later statements suggested it may have been circulated in raw form) and said “it bothers me that that would have any foreign intelligence value whatsoever.”

Nunes said he saw dozens of reports and that the information he saw has nothing to do with Russia or the Russia investigation, or any discussions with Russians.

HOWEVER… before sharing all this to the press, he went over to the White House and shared it with Trump, whose team is the focus of the study.  (In fact, Nunes himself was on the Trump transition team).

“It’s all classified information,” Nunes explained.

He added: “”What I’ve read bothers me, and it should bother the President himself and his team, because some of it seems inappropriate.”

And Nunes so lacks any self-awareness, he seemed completely oblivious to the ways he had violated everything the Republicans were wailing about on Monday – the leak of classified information.

What’s worse… Nunes didn’t share this information with anyone else on his committee.  Just the Speaker Ryan and the President.  So much for checks and balances, huh?  So much for impartiality.

Legal, incidental collection of US officials’ communications is routine. It is odd for an Intel Chair to visit WH to emphasize that it occurred.  Guess he was trying to help out.

So wrong. The FBI and the intelligence community will be skittish sharing information now with the House Intel committee. Nunes clearly knows this. Maybe that was his goal, too.

UPDATE: And now they are campaigning off of it….

UPDATE #2: Nunes on Jake Tapper right now: “From the reports I have seen, it does appear that Trump could have been picked up.”  Also says other people associated with transition team were picked up.

He believes that Trump should have been informed “It’s only fair.”

The FISA warrant, he says, was legal, but was not directed toward Russia.

Breaking: Apparent Terrorist Attack At Parliament/Westminster Bridge

BBC report:

Matt Haikin, 44, from London, said he was in shock after seeing the aftermath of the crash on the bridge.

He said: “I just saw a car that had clearly driven off the road into the fence outside Parliament.

“As I went past I noticed there was a body next to it and quite a lot of blood and people standing around.

“Fairly shortly after I heard some shots, at which point it was clear it wasn’t just an accident, something else was going on.”

He then moved to look through the Palace of Westminster gates and saw “a lot of people, people in uniform, I think I saw a couple of bodies on the ground, I couldn’t tell you if they’d been asked to lie down or if they were injured”.

It is worth noting that this come at the one year anniversary of the Brussels attack.  ISIS loves anniversaries.

UPDATE: Officials saying several causalities but won’t give numbers.  Still on lockdown.  Asking for videos and picture from public.

UPDATE #2:  Three officers attacked upon entry to Parliament. Sky News is reporting that one of them has died from stabbing injuries.

Photo of an attacker, who was shot:

UPDATE #3: 4 dead including one policeman and the terrorist. At least 20 injured.

This too:

Trump’s Favorite TV Show Is Misleading Him And Therefore The Country

Media Matters:

“For the record,” a top Fox News executive explained to the network’s newsroom a decade ago, “seeing an item on a website does not mean it is right. Nor does it mean it is ready for air on FNC.”

John Moody, at the time Fox’s vice president for news, issued that missive after Fox & Friends co-hosts Steve Doocy and Brian Kilmeade highlighted for their millions of viewers a right-wing outlet’s quickly debunked report that then-Sen. Barack Obama had gone to school at an extremist Islamic madrassa as a child. “The hosts violated one of our general rules, which is know what you are talking about,” Moody told The New York Times. “They reported information from a publication whose accuracy we didn’t know.”

Ten years later, the denizens of the program’s curvy couch still frequently don’t know what they are talking about. But now, their conspiracy theories and bogus claims are repeated by the White House as if they were credible reports from distinguished journalists. Under the Trump administration, the hosts and guests of Fox & Friends are setting the national agenda, thanks to their biggest fan, the president of the United States.

Last week, Fox senior judicial analyst Judge Andrew Napolitano stopped by the set of Fox & Friends and claimed that unnamed intelligence sources had told him that late last year, a British spy agency had surveilled now-President Donald Trump on behalf of then-President Barack Obama.

The incident was typical for Napolitano, a 9/11 truther who regularly uses his Fox airtime to push paranoid conspiracy theories. But the response from the Trump administration was remarkable.

Two days later, White House press secretary Sean Spicer cited Napolitano’s claim during a briefing. Since then:

  • The British intelligence service has denied the charge.
  • The Trump administration was forced to discuss the incidents with the British government.
  • When a reporter asked Trump about the incident during a press conference with a foreign leader, the president claimed that “all we did was quote a certain very talented legal mind who was the one responsible for saying that on television.”
  • Fox News admitted that it could not substantiate Napolitano’s claim.
  • Napolitano acknowledged that one of his sources was a well-known conspiracy theorist.
  • That conspiracy theorist said that Napolitano had botched the story.
  • A British newspaper owned by Fox chief executive Rupert Murdoch reported that the story may have been the result of a Russian intelligence operation.
  • The deputy director of the National Security Agency told BBC News that the charge was “arrant nonsense.”

“There was a time when a guy like Judge Andrew Napolitano could make some marginal remarks on Fox News, and only a large plume of non-White House officials would take him seriously,” The Washington Post’s Erik Wemple noted Friday. “Perhaps a website or two would pick up on them. Then everyone would move on to other matters. … Warning to Judge Napolitano: People in power are now listening to you. They’re case-building off of your reporting.”

If Trump can be said to treat Fox News personalities as his advisers, then the hosts of Fox & Friends are his kitchen cabinet. While the president regularly assails journalists as lying members of the “opposition party,” he praises Fox for producing “the most honest morning show” and calls its hosts “honorable people.”

Trump has said that he may owe his presidency to his years-long weekly interview segment on Fox & Friends, telling the show’s hosts earlier this year that “maybe without those call-ins, somebody else is sitting here.” Since becoming perhaps the most powerful person on the planet, Trump has continued to regularly watch the morning show, sometimes for hours at a time. He frequently tweets along with the program, commenting on the stories he sees and retweeting the broadcast’s feed. And those presidential comments set the news agenda for the rest of the press.

Given the president’s tendency to run with thinly sourced claims he gets from right-wing outlets, this is not a good sign.

Doocy and Kilmeade, who have hosted since the show’s debut in 1998, regularlyexposethemselvesasbigotedmisogynists. (Ainsley Earhardt, the program’s third co-host for the past year, provides run-of-the-mill conservative-inflected Fox commentary.)

Notably, Kilmeade has declared that “all terrorists are Muslims” (he later said he misspoke) and issued a shockingly racist rant about how Americans don’t have “pure genes” like the Swedes because “we keep marrying other species and other ethnics” (he subsequently apologized). Former Fox & Friends host Gretchen Carlson accused Doocy of engaging in “a pattern of severe and pervasive mistreatment” on and off air in her sexual harassment lawsuit against the network’s founder and chairman, Roger Ailes; while Ailes was pushed out, no public action was taken against Doocy.

They are also two of the dumbest people in the news business.

Lest you think I am exaggerating, please watch this clip of Trump’s favorite morning show hosts attempting to roast marshmallows over an open fire using a plastic spoon and their bare hands. Pay special attention to the look on Chris Wallace’s face as he observes the antics from a remote site with increasing disbelief, and eventually halts the segment to call them “dopes.”

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The gullibility and stupidity of Fox’s morning hosts is now an issue of national import. They frequently push obviously false and easily debunked claims, often based on dubious reports from sources that lack credibility. Some past examples include:

The Time A Federal Judge Scolded Them For Credulously Reporting A Parody Story. In 2007, just a few months after the hosts’ madrassa commentary spurred the network executive to warn them not to believe everything they see on the internet, they reported that a middle school student had been suspended for leaving a ham sandwich on a lunch table near Muslim students. At one point during the segment, Kilmeade said, “I hope we’re not being duped,” to which Doocy replied, “We’re not being duped. I’ve looked it up on a couple of different websites up there.” They were being duped; their source was a fabricated story from the hoax website Associated Content. Doocy subsequently issued a retraction and apology.  A federal judge later criticized the “gullible” hosts over the incident, saying their actions “should provide grist for journalism classes teaching research and professionalism standards in the Internet age.”

The Time Doocy Claimed Obama Fabricated An Earthquake (He Didn’t). In March 2010, Obama said a proposal to adjust Medicaid reimbursement rates for states affected by natural disasters “also affects Hawaii, which went through an earthquake.” Doocy suggested that Obama had made the earthquake up, noting that previous Hawaiian earthquakes came in 1868 and 1975. His allegation came from Gateway Pundit’s Jim Hoft, the dumbest man on the Internet and, not surprisingly, a regular source of Fox & Friends stories; an earthquake struck Hawaii in 2006.

The Time Fox & Friends Investigated Whether A Terrorist Ghostwrote Obama’s Autobiography. In March 2011, the program hosted WorldNetDaily columnist and noted conspiracy theorist Jack Cashill to discuss his claim that Obama’s first book, Dreams from My Father, was actually written by former Weather Underground member Bill Ayers.

The Time Doocy Told Trump That Obama “Could End It Simply — Just Show [The Birth Certificate] To Us.” In a series of segments in March and April 2011, the hosts supported Trump’s fact-free claims that Obama had not produced his birth certificate. During their regular interview segment, Doocy responded to Trump’s false statement that President Obama “has not given a birth certificate” by saying, “He could end it simply — just show it to us, and it’d be over.”

The Time The Show Invented A TSA Program To Test Airline Passenger DNA. The program ran a March 2011 segment suggesting that the Transportation Security Administration would soon begin testing airline passengers’ DNA at airports. Napolitano criticized the purported effort, saying it “offends the Constitution” and “feeds the government’s voracious appetite to control people”; Kilmeade defended TSA for “trying to stop illegal human trafficking.” Arguments about civil liberties aside, the entire story was made up, as Doocy acknowledged when he apologized for the “error” the next day.

The Time Fox & Friends Claimed Obama Wanted To Apologize To Japan For Hiroshima. In October 2011, the hosts lashed out at Obama because he supposedly had wanted to apologize to Japan for the nuclear bombing of Hiroshima, but Japan had nixed the idea. The next day, Doocy sought to “clarify” the story by removing the portion of the story that had angered them, stating: “We want to be very clear. There was never a plan for President Obama to apologize to Japan. We should have been clear about that, and we’re sorry for the confusion.”

The Time They Falsely Claimed Obama Met With A Pirate But Not Netanyahu. Channeling a story from The Drudge Report, the hosts claimed in September 2012 that Obama had time to meet with a man in a pirate costume for Talk Like a Pirate Day, but had been “too busy” to meet with Israeli Prime Minister Benjamin Netanyahu. In fact, the photo of Obama and the pirate that the White House had tweeted out the previous day had been taken three years earlier for use during that year’s White House Correspondents’ Dinner. Doocy and Fox & Friends subsequently acknowledged that fact on social media.

The Time They Pretended Obama Wanted To Take Kevlar Helmets Away From Cops. After a police officer survived the June 2016 mass shooting at a gay nightclub in Orlando, FL, because he had been wearing a Kevlar helmet, Doocy suggested that the Obama administration had been “pushing to take away life-saving armor” like the helmet through a ban on the federal government transferring military equipment to police departments. Kevlar helmets are not on the list of banned equipment, as Doocy acknowledged in a clarification the next day.

The Time Fox & Friends Pushed The Conspiracy Theory That Google Was Manipulating Search Results To Help Hillary Clinton. In June 2016, Kilmeade and Napolitano accused Google of “manipulating the search [results] for Hillary [Clinton] to bury the bad stuff.” Napolitano said that “we know” Google “has” manipulated search results relating to Clinton according to a “very extensive test,” and that the result is an example of “the Google, Eric Schmidt [executive chairman of Google’s board of directors], President Obama, Democratic National Committee, West Wing circle that we all know exists.” But, according to CNNMoney, “Despite what you might have seen online, Google is not manipulating its search results to favor Hillary Clinton.”

The Time Doocy Pushed A Conspiracy Theory About A Murdered Democratic Staffer. In July 2016, Democratic National Committee (DNC) staffer Seth Rich was murdered while walking home in his Washington, D.C., neighborhood. Conservatives subsequently suggested that he may have been murdered because he had helped WikiLeaks gain access to the DNC’s email servers (his family condemned these conspiracy theories). Fox & Friends picked up the story, with Doocy stating on air, “Some on the internet are suggesting, wait a minute, was [Rich] the source of the WikiLeaks DNC leaks?”

Now when Doocy and Kilmeade run credulous reports based on something they saw “on the internet,” the president is watching — and taking them seriously.

All very true.

And check out this Fox & Friends tweet just a few minutes ago….

No. It was historical.

Is This How You Run A Business?

A lot of people voted for Trump because they thought he would run the country the way you run a business, which is stupid to begin with because a country is not a business.  Maybe it has something to do with management style, although I’m not sure all businesses have the same management style, and I think very few people know what Trump’s management style was when he was a businessman.

Aaaaaanyway, Politico reports how things are running at the White House:

A culture of paranoia is consuming the Trump administration, with staffers increasingly preoccupied with perceived enemies—inside their own government.

In interviews, nearly a dozen White House aides and federal agency staffers described a litany of suspicions: that rival factions in the administration are trying to embarrass them, that civil servants opposed to President Donald Trump are trying to undermine him, and even that a “deep state” of career military and intelligence officials is out to destroy them.

Aides are going to great lengths to protect themselves. They’re turning off work-issued smartphones and putting them in drawers when they arrive home from work out of fear that they could be used to eavesdrop. They’re staying mum in meetings out of concern that their comments could be leaked to the press by foes.

Many are using encrypted apps that automatically delete messages once they’ve been read, or are leaving their personal cell phones at home in case their bosses initiate phone checks of the sort that press secretary Sean Spicer deployed last month to identify leakers on his team.

It’s an environment of fear that has hamstrung the routine functioning of the executive branch. Senior advisers are spending much of their time trying to protect turf, key positions have remained vacant due to a reluctance to hire people deemed insufficiently loyal, and Trump’s ambitious agenda has been eclipsed by headlines surrounding his unproven claim that former President Barack Obama tapped his phone lines.

One senior administration aide, who like most others interviewed for this story spoke on the condition of anonymity, said the degree of suspicion had created a toxicity that was unsustainable.

Unsustainable toxicity.  And we’re not even at the 100 day point. It will be interesting when these people leave the administration and start interviewing. Or writing books.

Unless, of course, they signed non-disclosure agreements.  I wonder….

Speed Read: The House Obamacare Replacement Bill

From Axios:

The House Republican Obamacare replacement package is finally out, and the two main health care committees — Ways and Means, and Energy and Commerce — are scheduled to start working on the bills on Wednesday. Here’s your speed read on what’s in them — summaries are available here and here:


  • Pre-existing condition coverage
  • Continuous coverage — 30 percent penalty if people don’t keep themselves insured
  • Special fund to help states set up “high-risk” pools, fix their insurance markets, or help low-income patients
  • Enrollment in expanded Medicaid will be frozen
  • Current enrollees can stay until 2020, and keep getting extra federal funds, until they leave the program on their own
  • Medicaid will change to “per capita caps” (funding limits for each person) in fiscal year 2020
  • A new, refundable tax credit will be available in 2020 to help people buy health insurance
  • Covers five age groups — starts at $2,000 for people in their 20s, increases to $4,000 for people in their 60s
  • It’s not means tested, but phased out for upper-income people (starting at $75,000 for individuals, $150,000 for families)
  • Insurers can charge older customers five times as much as young adults


  • All Obamacare taxes
  • All Obamacare subsidies, including its premium tax credit
  • Individual, employer mandate penalties
  • “Cadillac tax” (until 2025)
  • No longer will limit the tax break for employer-sponsored health coverage
  • No payments to insurers for cost-sharing reductions
  • Selling insurance across state lines (can’t be done in the “reconciliation” bill)
  • Medical malpractice reform (can’t be done in the “reconciliation” bill)

There’s also a little sugar in there for insurance company CEOs. Under Obamacare, insurance companies could not deduct an employee’s pay that exceeded $500,000 per year.  This limited incentives to give excessive salaries to CEOs and officers.  That limitation is gone now.

Look, if this is complicated for you (and no shame in that — it’s hard stuff) consider this: the House did not send this to the Congressional Budget Office for “scoring”. In other words, we would normally get an estimate as to (1) how much this will cost or save (will it add to the deficit?); (2) how many people will get lose coverage; and (3) how much insurance costs will go up (or down) as a result for the average consumer.  The House did not get the bill “scored” because — let’s face it — they didn’t think the numbers would look good.

AND they are trying to get this passed without debate.

My prediction? Even if they succeed in passing the bill, it is DOA in the Senate.

Disdain For Democracy

Worse than lying, says Greg Sargeant:

Trump is enraged at being subjected to a system of democratic and institutional constraints, for which he has signaled nothing but absolute, unbridled contempt. The system is pushing back, and he can’t bear it.

On Monday morning, the latest chapter in this tale — Trump’s unsupported accusation that Obama wiretapped his phones — took another turn. Trump’s spokeswoman said on ABC News that Trump does not accept FBI Director James Comey’s claim — which was reported on over the weekend — that no such wiretapping ever happened.

As E.J. Dionne writes, this episode is a “tipping point” in the Trump experiment. Trump leveled the charge based on conservative media. Then, after an internal search for evidence to back it up produced nothing, the White House press secretary called on Congress to investigate it and declared the administration’s work done. While the previous administration did wiretap, the problem is the recklessness and baselessness of Trump’s specific allegations, and the White House’s insistence that the burden of disproving them must fall on others — on Congress and on the FBI. Trump’s allegations must be humored at all costs, simply because he declared them to be true — there can be no admission of error, and worse, the White House has declared itself liberated from the need to even pretend to have evidence to back up even Trump’s most explosive claims.

This is more than disdain for the truth. It represents profound contempt for our democratic and institutional processes. In this sense, it’s only the latest in what has become a broader pattern:

  • When the media accurately reported on Trump’s inaugural crowd sizes, the White House not only contested this on the substance in a laughably absurd manner. It also accused the press of intentionally diminishing Trump’s crowd count, thus trying to delegitimize the news media’s institutional act of holding Trump accountable to factual reality.
  • Trump has tweeted that the media is the “enemy of the American people” and has accused the media of covering up terrorist plots. Stephen K. Bannon has railed against the press as “the opposition party.” Trump gave a recent speech heavily devoted to attacking the media, once again for deliberately and knowingly misleading Americans. All this goes far beyond merely questioning the media’s role as an arbiter of truth.
  • After getting elected, Trump continued to repeat the lie that millions voted illegally in the election, undermining faith in American democracy. When the media called out this falsehood, the White House threatened an investigation to prove it true, which hasn’t materialized, in effect using the vow of investigations as nothing more than a tool to obfuscate efforts to hold him accountable.
  • After a court blocked Trump’s travel ban, Trump questioned the institutional legitimacy of the “so-called judge” in question. He also cast the stay as a threat to our security, even though the ban has no credible national security rationale, something that has now been demonstrated by leaks from the Department of Homeland Security (exactly the sort of leaking that has Trump in a fury). Senior adviser Stephen Miller flatly declared that the ban would be reintroduced in part to demonstrate that Trump’s national security power “will not be questioned,” thus declaring the explicit goal of sweeping away institutional checks on it. And then the White House delayed introduction of the new ban in order to continue basking in good press from his speech to Congress, thus undercutting its own claim that this is an urgent national security matter.
  • Trump continues to hold court at Mar-a-Lago, using the power of the presidency to promote his own resort, whose membership fees sink money into his own pockets. The White House publicly intervened in a business dispute involving Trump’s daughter and even tried to steer customers her way, an act which Kellyanne Conway embellished by cheerfully sticking a rhetorical middle finger in the face of anyone who finds such behavior troubling.

We’re witnessing a level of total disdain for basic democratic and institutional processes that defies description, and perhaps calls for a new vocabulary. But the story does not end here. As Benjamin Wittes and Quinta Jurecic explain in a great piece, the almost comical lack of good faith that Trump and the White House are showing toward our processes is inspiring an escalation in institutional pushback — from the courts, the media, government leakers, and civil society — that is having much more of a constraining effect than Trump ever could have anticipated. Indeed, the Trump White House’s ongoing conduct is itself producing the very systemic resistance that now has Trump in such a rage.

Pay-To-Play Mar-a-Lago Style

From the Washington Examiner, we learn how much Donald Trump has been profiting from people paying for access to him:

If you pay $200,000 a year to the company Donald Trump owns, you too can have access most weekends to the president and his top officials. As an alternative, your organization could cut a $150,000 check to bring in a couple of hundred people who will have a chance to schmooze with the president and cabinet officials. Foreign moguls and dignitaries welcome.

This isn’t Bill Clinton’s Lincoln Bedroom. This isn’t the Clinton Foundation during Hillary’s reign at the State Department. This is Mar-a-Lago.

Donald Trump, for the fourth weekend in the past five, has gone down to his Florida resort, and once again he is mingling with guests.

Now, the Lincoln Bedroom and Clinton Foundation is conservative tripe of course.  Lincoln’s Bedroom was, you know, ONE ROOM, and on the occasions where friends slept over, these were people who had “access” to begin with.  And the Clinton Foundation donations didn’t actually bring access to Hillary.

But here, not only do Mar-a-Lago patrons get access, but Trump profits personally and directly:

Trump refused to sell his company or unload his properties. While he has given up management of them, he still owns them. That means he still profits when someone books a gala there or becomes a member. And if you’ve followed the lobbying game in Washington, you know that special interests are likely shelling out the cash to get a chance to be close to the president — not necessarily because they expect Trump to reward them as a quid pro quo for their membership, but because joining Mar-a-Lago is the best way to get close to him.

Trump might have an out is he never went to Mar-a-Lago, but he’s gone six out of his seven weekends as President.

If Hillary Clinton pulled a stunt like this, Trumpers would be screaming. When you listen for their howling about this pay-for-access scheme, all you’ll hear from them is the relaxing sound of crickets.

Take Him At His Word

The right wing Washington Times reports:

White House counselor Kellyanne Conway said Monday that President Trump has access to information and intelligence others do not and that “credible news sources” suggested there might be more to look into, after Mr. Trump accused former President Barack Obama over the weekend of tapping phones in Trump Tower during last year’s campaign.

“Well, let’s get to the bottom of it — that is the president’s entire point,” Ms. Conway said on “Fox & Friends.” “You have a number of various and credible news sources showing that there was politically motivated activity all during the campaign and suggesting that there may be more there.”

“The president’s entire point is that the people deserve to know,” she said. “If we don’t know, then let’s find out together.”

If it is true that “President Trump has access to information and intelligence others do not” and this is the basis for his knowledge that Obama tapped Trump Towers, then hell, some Congressional committee needs to look into the Obama wiretapping right now.  And their first witness should be Donald Trump himself.

Let Trump tell the American people what he “knows” to be true, and more importantly, HOW HE KNOWS IT.

I have a feeling, as everyone does, that he is wanting the government to chase conspiracy theories.

But I’ll be happy to be proved wrong.  CALL TRUMP TO THE STAND!!

Another Doc Dump – Indictment Against Dude Threatening JCCs

The rash of threats against Jewish Community Centers appears to be partly solved [UPDATE: Very partly. We’re only talking about 10% of the threats and vandalism seen nationwide lately]. Federal G-men arrested Juan Michael for making threats against many JCCs in an attempt to stalk/frame his ex-girlfriend. He appears to be a copycat though. Still, scary dude.

In Other News, The Travel Ban

As we watch Attorney General Jeff Sessions not remember, then remember, but only sort of kind of remember whether or not he talked with the Russians around the same time they were hacking into the DNC, and as we learn about more and more meetings between the Trump campaign team and the Russians even though they all denied those meetings, there are other things happening, including the Trump White House’s revamping of the travel ban, which failed so gloriously a few weeks ago.

The question is, why is the new revised ban taking so long? And the answer is: there isn’t any credible national security rationale for it. Unlike on the campaign trail, when you’re governing, you actually have to have justification for what you’re proposing, or you often run into trouble.

Last night,Rachel Maddow revealed a second Department of Homeland Security document which further undercuts the substantive case for Trump’s ban, which would restrict entry into the country by refugees and migrants from select Muslim-majority countries. The new internal Department of Homeland Security document that reached this key judgment:

We assess that most foreign-born, US-based violent extremists likely radicalized several years after their entry to the United States, limiting the ability of screening and vetting officials to prevent their entry because of national security concerns.

So… remember when Trump on the campaign trail asked that we stop all Muslims from coming into the country until we can assess “what’s going on”?

Well, we now know what’s going on.  They are not coming IN radicalized; they (and by “they”, I mean a teeny tiny fraction of them) are becoming radicalized AFTER they get here, probably because of assholes like Trump who are bigots.

Anyway, the hard-to-find full document is here: