A petition re HR 9495

We all, I expect, get emails urging us to sign petitions that too often turn out to be simply fund appeals in disguise. Even so, it can be an easy and quick way to register an opinion, so I admit to responding to a good number of them.

I recently got one from the American Friends Service Committee regarding HR 9495, the “Stop Terror-Financing and Tax Penalties on American Hostages Act.” It’s a dangerous bill in that it, as the petition says, empowers the Treasury Secretary to strip non-profit status from any group they label as “terrorist supporting.” On November 12 the GOPpers tried to suspend House rules to pass it, but the move, which required a 2/3 vote, failed - despite getting the votes of 52, count ‘em, 52, Democrats. So they have the lather-rise-repeat route, re-writing the bill a bit so it can be brought up again under regular order. That vote is expected soon.

So I signed the petition, fully expecting it will do no good as my House rep is a long-term (like 40+ years in the House long) right-winger who would be delighted to see his opponents who oppose Israel government policy crushed to financial dust (and who voted to fast track this bill). But better to say “no” and lose than to say nothing.

However, I make a point of taking advantage of the option, when it is there, of re-writing these sorts of petitions to say it in a way I would prefer. So just for the record, this is my version, is what I said:

I urge you to vote NO on H.R. 9495, “Stop Terror-Financing and Tax Penalties on American Hostages Act.”

It's enough well-known that is should be unnecessary to say, but loss of tax-exempt status could be financially-crippling for many affected organizations. Which is why provisions of this bill are so dangerous, as they would give the executive branch the power to investigate and effectively shut down any tax-exempt organization based on a unilateral accusation of support of terrorism with no requirement for proof.

Such power could easily be abused to quash free speech and punish any organizations that oppose the views of any administration - as indeed such laws have been used in other countries, including ones which I expect we would agree the US should not emulate.

The options for appeal could best be described as symbolic, consisting of little more than appealing to the same agency that made the charge while essentially requiring the accused to prove a negative. That is, it offers no practical protection against an executive branch that wants to exploit this authority to effectively close almost any organization in the political or social opposition.

What’s more, existing laws prohibit nonprofit organizations from taking part in the sort of illegal activities that this bill purports to address. Which reveals the point of this bill: Those sorts of charges would have to proved in court, not simply asserted.

I urge you: Do not cooperate with this un-American attack on dissent. Vote NO on H.R. 9495.

One final note: The bill also contains provisions helping overseas hostages avoid IRS penalties, which has already passed the Senate unanimously. By all means, pass them - as separate legislation.

It appears that in the end this bill will pass; the GOPers seem determined to give Tweetie-pie the power to financially damage if not cripple opposition which he can't crush legally. If they fail this time, they will simply re-introduce it in the new session of Congress with their majority in both houses - and will do it with a bunch of dunce cap Democrats trailing behind.

So why sign it? Because that's what we have to do now: raise every "no" we can because, again, it's better for the present and the future to say "no" and lose than to say nothing.Yes, it's a small thing, every a very small one - but it's a thing.

An oldie, not a goodie

As a follow-on to the previous post, I felt this one worth repeating.

It's the last of a series of pieces I posted in another forum in the wake of the 2016 elections. The first of the three, noting the line "Every nation gets the government it deserves," bitterly declared

We do not deserve to be a free people.

We don't care about being a free people. Too many of us care too little about the effect we and our decisions have on others.

Too many of us are too easily taken in by a line of patter and bilge that appeals to the worst in us, the basest of our fears and the deepest our prejudices, too easily taken in no matter how transparently vacuous that patter and bilge is. That is, too many of us, not to put too fine a point on it, are racist, sexist, xenophobic, ignorant, know-nothing mouth-breathers.

The second noted some victories achieved, some gems within the ashes, and declared the necessity of carrying on the fight as best we can. It ended with this:

Silence is not an option; acquiescence is not an answer.

We have to vote, petition, and lobby, yes, but we have to do more, we have to be insistent, noisy, disrespectful, rude, we have to fill the streets and perhaps the jails and who knows - I don't expect it, I don't predict it, but I accept the possibility of it - perhaps even fill the camps.

Which lead to this, a slightly re-written version of the original (to correct what otherwise would be anachronisms), offered here at a time which genuinely feels worse, more threatening, than before.

-—

And yet and yet and yet - despite the victories, despite the progress over the course of decades, we now face the continuing advances of the reactionaries, marked by GOPper control of the White House, the Congress, and through that the Supreme Court, along with a majority of state legislatures.

In the face of such continuing advances, in the face of the sexism, racism, xeno- and transphobia, and more that have been revealed by and justified in this and previous campaigns, revelations that have not lead to their being rejected but to their being embraced and even celebrated, in the face of the sheer enormity of the task before us, we must face the fact that for the foreseeable future, for as far out as at least I can imagine, that all our efforts may - and I am stealing something from William Rivers Pitt here - all our efforts may come to nothing.

We are down to the ethic of total opposition [he wrote], and as lonely as that estate may be, it is what we have, and we owe it to those who have suffered beyond our comprehension to continue as we began.

I refuse to concede defeat in any way, shape or form. Yet I must consider the possibility that all efforts will come to naught.

Pitt reminded us of a scene in "The Lion in Winter." As Geoffrey, John, and Richard await their executioners, Richard demands that they face the end with strength. Geoffrey scoffs at him, saying "You fool. As if it matters how a man falls."

Richard's reply is telling: "When the fall is all that's left, it matters."

Even at our lowest moments, even when we just want to give up, pack it in, and move to a commune or to Canada - or to a commune in Canada - we have to remember that even in failing, the manner in which we fail matters. Even in falling, the manner in which we fall matters. It matters, that is, it matters for the future; for the longer term than we perceive, it matters whether our failure is marked by despair or by defiance.

Henry David Thoreau, in his classic essay "On Civil Disobedience," wrote:

I know this well, that if one thousand, if one hundred, if ten men whom I could name - if ten honest men only - ay, if one HONEST man, in this State of Massachusetts, ceasing to hold slaves, were actually to withdraw from this copartnership, and be locked up in the county jail therefor, it would be the abolition of slavery in America. For it matters not how small the beginning may seem to be: what is once well done is done forever.

Of course he did not mean, as some seeking to dismiss him have, that such an act would mean the instant end of slavery. Rather, he meant that a seed would have been planted that would eventually, ineluctably, lead to slavery's demise. "What is once well done is done forever" because even if it failed to stop slavery at once, the manner of failing mattered.

None of what we do is for nothing. Because immediate victory is not the only end worth achieving; what can be won now is not the only cause worth fighting for; even being able to see victory in the future is not the only reason for keeping up the struggle. It is also, even if only, for ourselves, for our own integrity. A member of the anti-Stalinist Russian group Memorial, founded by Yevgeny Yevtushenko and Andrei Sakharov, said

I do what I do because I owe it to my family, to the victims of my country's injustices, and for my own honor.

Or as Wendell Berry put it,

[p]rotest that endures is moved by a hope far more modest than that of public success: namely, the hope of preserving qualities in one's own heart and spirit that would be destroyed by acquiescence.

Or perhaps you would find the most telling version comes from a poem by Ella Wheeler Wilcox:

To sin by silence when they should protest makes cowards of men.

We owe it to others; we owe it to the victims, who have suffered more than we can know; we owe it to the victims who in the days to come will suffer more than we can know; we owe it to ourselves; we are honor-bound, even when we feel discouraged, especially when we feel discouraged, we are honor-bound by justice to carry on as best as we can.

So for now and for the future, the issue, I say to you (and to myself, for that matter), is not "What can I do?" It's "Am I doing what I can?" Perhaps that only amounts to a little, to what can seem so trifling as to not matter, but matter it does.

We are each of us as individuals called, required by what is right, required by the call of justice, to do what we can. No one can expect more of us - but we should expect nothing less of ourselves.

And if despite all, we fail? Then we fail. When Dylan Thomas's father was old, the poet felt the old man, so energetic in his younger days, had given up on life and was just passively waiting to die. Saddened and distressed, Thomas cried out to his father

Do not go gentle into that good night,
Old age should burn and rave at close of day;
Rage, rage against the dying of the light.

We do live in a darkening time, a time being marked not by failure to advance but rather by the cold prospect of failure to hold on to the little that has been gained, a time not of standing still but of sliding backwards. So yes, we may fail - or at least seem to because true victory (and getting Kamala Harris elected would not have been such a victory) is far enough off that we will not be able to see its approach.

While I think that unlikely (the title of my blog, after all, includes the phrase "surviving a dark time"), I have to admit that such failure is possible. But that possibility makes it even more important that we do not go gentle into that good night but that we rage, rage, against the dying of the light.

I hope to see you in the legislatures, in the courtrooms, in the school board meetings, in the community groups - and yes, in the streets and even the prisons.

Carry it on.

Now what?

Welcome to Jon Swift Roundup 2024 readers! Please feel free to offer any comments or feedback and check out any of my other posts.

Two notes: The George Will quote was from his syndicated column for January 2, 1995, and was "'Back to 1900' is a serviceable summation of the conservatives' goal." (For those who don't know, Will is what passes for an intellectual on the right.)

And the "another post" mentioned at the end is here.

In the wake of losing an election, some consideration of why your side lost, that is, doing a postmortem, is an entirely reasonable idea.¹

Assuming, that is, the desire is actual analysis and it's done right.

Neither of which we got. No actual analysis and what was done wasn't even done right. So let me start this by laying out my own bias, my own analysis of the "why," admittedly a limited one.

I think the Harris campaign made three significant mistakes. First, she didn't separate herself from Biden on Gaza.² Doing so would surely have cost her some votes but just as surely gained her a good number more.

Second, she began with a message of what could be summarized as "hope and the future" only to turn her back on her base, preferring to vainly seek votes among those all but mythical "moderate" GOPpers and the all too real 1% by campaigning with Liz Cheney and Mark Cuban instead of with UAW President Shawn Fain or other labor and progressive leaders.

Third, the last weeks of the campaign revolved almost entirely around "I'm not Trump." (Which was, interestingly, the same mistake made in 2016.) A legitimate stand, particularly in the face of the genuine threat to democracy, but nowhere near adequate standing alone, because people are almost always going to vote on immediate concerns as opposed to future hypotheticals, even likely ones.

None of that, of course, was raised in postmortems from the corporate media, political big heads, or consultant coterie. Except, that is, to brush by them in their haste to get to the REAL problem.

Oh, no, they cried almost in unison, the result was all because Kamala Harris was way, way too much into "identity politics," in particular in support of transgender folks who, to hear them say it (but not openly) really are kinda weird and who everybody hates and who we should not only throw under the bus, we should back over the corpse a couple of times to be sure.

Dan Moynihan at Can We Still Govern brings us a New York Times tetrarchy:

- There is Bari Weiss, denouncing "running on extraordinarily niche issues that you find on college campuses and in gender studies departments." Forgetting that, as a married lesbian, just a generation ago she and her rights would have been such a "niche issue."

- There is Bret Stephens, insisting that "today’s left increasingly stands for the forcible imposition of bizarre cultural norms." Because regarding basic human rights as worthy of respect is "bizarre."

- And there's Nicholas Kristof, assuring us that Democrats can only compete if they “focus more on minimum wages and child care than pronouns and purity." As if dwelling on "pronouns and purity" described her practice rather than his paranoia.

- And of course, there is Maureen Dowd, smirking the right-wig mantra "woke is broke" and charging

progressives failed to realize that women can be worried both about reproductive rights and their "daughters compet[ing] fairly on the playing field."³

As if loss of reproductive health care was an equal worry to the hypothetical possibility of facing a trans girl on the other school's team.

In the course of this, she approvingly quoted James Carville and Rahm Emanuel and actually called Michael Dukakis an "avatar of elitism," a title that fits her far better.

On top of that, Dowd got extra exposure from Mika Brzezinski of Joe Scarborough's MSNBC morning program, who read the entire thing on-air the day after it was published. Scarborough, for his part,

went on a wildly transphobic rant on [the day after the election] against “men who transition after puberty competing against young girls,” saying that opposing trans-inclusive athletic policies is “not a hard call.”

In other words, it was a buncha damn, comfortable, secure, rich, white people saying that the rights of vulnerable people which are of no benefit to them are therefore unworthy of consideration.

But of course it wasn't just the media elite, the sneering also came from inside the Democratic Party itself.

As I think folks have heard, there was New York Rep. Tom Suozzi declaring the party must “stop pandering to the far left” on trans rights. “I don’t want to discriminate, but I don’t think biological boys should be playing in girls’ sports," he said, adding "Democrats should be saying that.” Which means, of course, that he does want to discriminate.

More surprising to some, there was Massachusetts Rep. Seth Moulton, offering "I have two little girls. I don’t want them getting run over on a playing field by a male or formerly male athlete, but as a Democrat I’m supposed to be afraid to say that,” rather unsubtly patting himself on the back for his supposedly courageous expression of transphobia.

Fortunately, there has been pushback from other Congressional Democrats against these and other trimmers⁴ who are dipping their toe in the waters to see how far they can distance themselves from trans rights without political cost (or better yet, with political praise).

Related to which we now have Jonathan Larsen of The Fucking News reporting that the DNC's search for a new party chair is being defined by people screeching that the party has become too "woke"⁵ and demanding it must "return" to the "center" because they "don’t want to be the freak show party" and do want a party chair "who’s going to be for the guy who drives a truck back home at the end of the day” and I guess women and people of color need not apply for inclusion - unless, I suppose, if they drive trucks (The image of the "guy" "truck driver" came up more than once.⁶)

It appears that's truer than not, since one DNC member described the field of potential chairs as “White Guy Winter,” with the list essentially empty of women or non-white people but including, deity help us, Rahm Emanuel.

All of which goes to raise the point I really wanted to get to. This sort of "we've gone too far" tut-tutting and hand-wringing is neither new nor actually about tans folks except as they serve as the target du jour.

It is, rather, part of an overall effort by the hierarchy of the Democratic Party, the I suppose you could call it legacy party, to find someone, something, some force, to blame for election losses that does not involve, that actively avoids, looking at the campaign itself, looking at the idea that maybe it was the party apparatus that screwed up.

Indeed, it's hard to find any analysis from any such quarter that does not praise the Harris-Walz campaign with terms like "great job" and "no mistakes" while dismissing critiques out it of hand as unproductive or even destructive finger-pointing - while busily pointing destructive fingers at anyone convenient, particularly the vulnerable population of trans folks still struggling for basic recognition of their rights, indeed of their existence. (I say that knowing much the same could be said of a good number of other vulnerable populations; it's just that this time it's trans folks.)

Same as it ever was: After 2016, the same "blame anybody else" game got played. There, the blamed included third party voters, sexism, Russian interference, James Comey re-opening the email-investigation, millennials, and even Bernie Sanders - but not, oh no of course not, the party or the Clinton campaign.

This time it's "wokeness" and trans people, but the real point is the same in each case: to protect the power and position of a party hierarchy more dedicated to their prestige and perks than public benefit and committed to "winning" as a concept rather than as a program of progress.

It other words, it was intended then and is again now to smack down the influence of the actually progressive wing of the party by reasserting the control of the institutional party apparatus.

Which means - coming to the blunt bottom line - that it's time to realize, we have to realize, that the Democrats are not on our side, not on the side of doing what is right and just, not on the side of progress rather than stasis.

Some individual Democrats, yes. The party itself, no, and all the talk about "moving to the center" is about just that: stasis. It's about not advocating anything that does not already have wide support, about following, never leading, about, bluntly, being damn cowards. And doing it even as both public polling and election results on ballot questions says that on a number of those untouchable "too left" issues (including trans rights) the public is already there.

Okay. After all that, you'd think I'm chock full of idea about what to do now.

I'm not.

I'm just sure the one thing we need to do is not give up. To keep going. To seek comfort and find strength in community and, as others have noted, that community is out there and may even be next door.

So we have to, each of us in whatever way we can, just keep going. Just persist. Just be stubborn. If that's too much, then just survive. But like the man in the movie said, "Never give up! Never surrender!" Or, if you prefer a musical reference, "Rejoice, rejoice/We have no choice/But to carry on."

Because it can get better. And comparing ourselves to the 1900 that George Will said the conservatives' goal is to recreate, we have come so far as to astonish the most stoic among us. Even within our own lifetimes we have seen changes to be celebrated and worth building on. And, romantic that I am, I still believe in the line about the moral arc of the universe.

However - and I know it's hard to hear but yes, it's true - it will undoubtedly get worse before it gets better. Which brings me to something else. But that's for another post.

¹Chess grandmaster and one-time world champion Jose Raul Capablanca once said "I have learned more from each of my defeats than I have from all of my victories.”

²Early in her campaign, I thought Harris, who expressions on the need for humanitarian aid was more intense than Biden's, was trying to distance herself from him without openly breaking from the administration of which she was still part. The same issue faced Hubert Humphrey in 1968 over the Indochina War. He finally, "tight-lipped and grim," made the break. She never did, which raises the very real possibility that she didn't separate from him because she never wanted to. However, that doesn't change the judgment that not doing so cost her a good number of votes.

³Recent studies challenge that "concern." One, from 2021 from the Center for American Progress, shows no impact on girls' participation in sports from allowing trans girls to join those teams. Another, published in The Journal of Clinical Endocrinology and Metabolism in 2024, found that "physical performance of nonathletic trans people who have undergone GAHT for at least 2 years approaches that of cisgender controls." Finally, in October the British Journal of Sports Medicine published a study saying that at least by some measures, transwomen athletes may be at a disadvantage as compared to ciswomen.

⁴"Trimmer" (referring to trimming the sails of a ship) was a term used in labor struggles to refer to those whose support for worker rights shrank as soon as things got tough.

⁵The next time anyone complains about anything being "woke," tell them the Merriam-Webster dictionary defines it as "aware of and actively attentive to important societal facts and issues (especially issues of racial and social justice)" and ask them why they think that's a bad thing.

⁶You know the saying about generals always planning to fight the previous war? It appears the Dems will go after the "bros," planning to fight the previous election.

Ukraine - Past is Preamble?

At the ever valuable Substack The Fucking News last week, host Jonathan Larsen noted some Trump advisors "spilled the beans" about some of the Great Orange One's concepts of proposals for plans to end the war against Ukraine.¹

I was struck by the fact that those spilled beans ideas from the Tweetie-pie crowd bear some resemblance to ideas that had been presented to avoid the war in the first place. I wrote a fair amount² about these ideas in the weeks before the Russian invasion, and I even made my own suggestion for a settlement based on based on two points:

1. In 2015, Ukraine agreed to hold a vote on self-rule in the Russian-speaking breakaway provinces of Donetsk and Luhansk. It was never held, likely because Kyiv knew what the result of the vote would be: self-rule leading to secession leading to becoming part of Russia.

2. The chances of Ukraine joining NATO in the foreseeable future were all but nil, as Germany and France were (and, I believe, are) both against it (unanimity is required for admission) and even Zelensky had accepted it was a "dream" to be achieved someday.

So my proposal was simple: an agreement to hold the vote as promised and finesse the issue of NATO by declaring an indefinite moratorium on new admissions.

In addition, quietly give up on Crimea (under Russian control since March 2014) by just not raising it in negotiations and offer Ukraine some compensation via membership in the European Union (which should not be a problem, as Russian raised no objection to the idea).

No, I don't know if that or something on similar lines would have worked; I am sure it wasn't tried.

Some would argue it doesn't matter because it would be a form of surrender because of Ukraine's loss of territory, but my answer is that an agreement of some similar form - which again yes, was a possibility - would have spared Ukraine the ravages of war without giving up anything over which it actually had control.

But the real reason I posted this is that I wanted to point up the bitter, sad, truth of how often wars end with agreements on terms that were available before they started, marking all the blood and suffering as a horrific waste, sacrifices on the altar of national egos that with depressing regularity prefer the horrors of war to the disgrace of humiliation.

At the same time, I raise it knowing full well that some here would (will?) accuse me of "pro-Trump" or "pro-Putin" bias. Go ahead; I don't care. I am saying what I said before the war started; I was trying to think of ways that both sides could back off without appearing to back down, stand down without appearing to kneel down, because the failure to do that is what turns confrontations into conflagrations.

And we have seen more than enough of that.

 ¹ All of which are undermined by DJT Jr. saying to Zelensky via social media (according to the ever-truthful Washington "Examiner") “You’re 38 days from losing your allowance.” Which is much more inline with what I’d actually expect. But stay with me, I do have a point to make.

² If you want to see the "fair amount" I wrote, check these; I won't claim every thought has stood up to time, but I think enough of it has to make it worthwhile and I never deny the things I've said, even if they turn out to be dumb.
March 1, 2022
March 19, 2022
March 20, 2022
October 20, 2022

No reconciliation. No forgiveness.

"'Back to 1900' is a serviceable summation of the conservatives' goal." - George Will, January 2 1995, syndicated column

I swear to myself that I will throw that quote in the face of every Trumper I come across any time they express any even minor disagreement with anything he does. And I will not let them forget and I will not forgive.

Every time a woman dies from lack of access to abortion care.
"You wanted this to happen. You voted for it."

Every time a trans child commits suicide.
"You wanted this to happen. You voted for it."

Every time someone you are acquainted with gets deported.
"You wanted this to happen."

Every time you are shown the horrible and inhumane conditions at the required detention camps.
"You wanted this to happen."

As the government adopts Steven Miller's openly fascist slogan "America is for Americans and Americans only" as official policy.
"You wanted this to happen."

.As the slaughter, the literal genocide, of Palestinians intensifies.
"You wanted this to happen."

As Ukrainians (and perhaps Estonians, Latvians, and Lithuanians) are abandoned.
"You wanted this to happen."

As tariffs drive inflation, costing families thousands of dollars a year.
"You wanted this to happen."

As measles, mumps, and other diseases re-emerge and new pandemics arise because Secretary of HHS RFK Jr. disparages vaccines and blocks funding on research.
"You wanted this."

As the cost of insulin multiplies because the limits are removed, the cost of health care soars, “pre-existing conditions” again become a bar to health insurance, and tens of millions more than now lack even basic coverage as ACA is “repealed” but not “replaced.”
“You wanted this.”

As social services shrivel, protections for consumers and workers are repealed, and pollution controls are dismantled after Director of OMB Elon Musk slashes $2 trillion in social spending.
"You wanted this."

As climate change worsens amid "drill, baby, drill" and renewable energy programs being shut down even as there is no disaster relief because FEMA was on the chopping block.
"You wanted this."

As strikes are declared illegal.
"You wanted this."

As infrastructure funding for roads, bridges, railroads, and all the rest vanishes as the Infrastructure Investment and Jobs Act is repealed.
"You wanted this."

As Secretary of Education Ryan Walters mandates Bibles and bible instruction in all public schools.
"You wanted this."

As media outlets are threatened with or even experience loss of licenses for airing/ publishing "false" information, i.e., unfavorable to the reactionaries in the administration.
"You wanted this."

As government surveillance becomes more intrusive and widespread, privacy ever rarer, and people get investigated and charged as part of "the enemy within."
"You wanted this."

As people you know, even members of your family, get labeled as part of "the enemy within."
"You wanted this."

As you see the US military attacking, even shooting, protestors.
"YOU WANTED THIS."

As.... The list could and as events develop will go on. But the point remains. No excuses, no "I didn't mean that," no "but"s.

You knew. You had to know or you damn well should have. You are responsible. Because -

"You.
"Wanted.
"This."