“Preconstitutional practice in England and America included impeachment of former officials. Ten of the 12 state constitutions that were written before the U.S. Constitution was drafted addressed impeachment. In those state constitutions, Kalt notes, “late impeachment was either required, permitted, or not discussed, but was nowhere explicitly forbidden.”
Did the Framers mean to break from historical practice by limiting impeachment to current officials? If so, they never clearly expressed that intent.
The Constitution says “the President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.” It gives the House the “sole Power of Impeachment” and the Senate “the sole Power to try all Impeachments,” while limiting the penalties to removal from office and disqualification from future federal office.
This “poor drafting,” as Kalt describes it, leaves unresolved the question of whether the optional penalty of disqualification is enough to justify a Senate trial when the mandatory penalty of removal from office is no longer possible. As Turley sees it, “a private citizen is being called to the Senate to be tried for removal from an office that he does not hold.”
Kalt and many other scholars argue that the aims of accountability and deterrence would be frustrated if a president could avoid impeachment or trial by committing “high crimes and misdemeanors” toward the end of his term (as Trump is accused of doing) or by resigning (as Belknap and Richard Nixon did) after his misconduct comes to light. They also argue that disqualification is an important remedy when a president guilty of serious misconduct might plausibly make a comeback.
The “good faith” to which Turley aspires is hard to perceive in the arguments offered by most of Trump’s critics and defenders. As Stanford law professor Michael McConnell (who thinks Trump’s trial is constitutional) notes, “much of the discussion…consists of motivated reasoning on both sides that no doubt would be the opposite if partisan roles were reversed.””
“Over the years, the rate of unemployment has become not just a gauge of the health of the labor market but the most common yardstick policymakers use to assess the health of the economy as a whole.
By this measure, despite the pandemic, things don’t look so bad right now. The headline unemployment rate for December stood at 6.7 percent. In recent years, there’s been some public recognition that that the headline rate is something of an undercount, since it only includes people actively looking for work; so-called discouraged workers who are unsure of how to go about a job search or who are too discouraged to try any more don’t show up in that top-line number. And, for decades now, the BLS has diligently supplemented the headline unemployment rate with additional information about these workers.
But it turns out that discouraged workers aren’t the only problem with the unemployment rate. In fact, these days the headline unemployment rate isn’t just an undercount, it actually paints an alternate reality that masks the degree to which low- and moderate-income people are hurting. As a result, policymakers believe these Americans are better off than they actually are.
There are two additional problems with the way we count people who are unemployed.
First, there’s no accounting for how many hours a part-time worker is working.”
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“Our unemployment figures make it look like the person working a handful of hours because that’s the only work they can get is just as “employed” as a full-time CEO. In practice, this means that the unemployment rate actively obscures how many workers are living in poverty in part not because they don’t have a job, but because they can’t get enough hours.
Second, the data doesn’t indicate whether the job a worker is doing pays enough to keep them out of poverty.”
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“Anyone who wants full-time work but can only find part-time work, and those working full-time but earning too little to climb above the poverty line, should be considered functionally unemployed. I’ve begun to calculate this, which I’ve dubbed the True Rate of Unemployment. And the TRU in December wasn’t 6.7 percent — it was an alarming 25.1 percent.”
…
“In February 2020, when the economy was supposedly “hot,” the official BLS release suggested that a mere 3.5 percent of Americans were unemployed, but the “TRU” number was 24 percent.”
“There’s plenty of debate among legal scholars about the validity of the Republicans’ latest argument that only sitting presidents can be subjected to an impeachment trial, even if the House issued impeachment articles while he was still president. Examples exist of federal officials who were impeached after leaving office. In 1876, President Ulysses S. Grant’s Secretary of War William Belknap was impeached, tried and acquitted after he left office. In 1862, a federal judge who had deserted for the Confederacy was impeached and disqualified from holding federal office, as well.
Whether these precedents would persuade the U.S. Supreme Court that Trump’s second impeachment trial is constitutional is likely unanswerable. The only way to get the question before the Court is if Trump were to challenge a conviction in the Senate. Even then, the Court could dismiss the case as a political question that only Congress can resolve. Congress answered that question in the affirmative this week — presidents can be tried after leaving office, at least so long as the impeachment occurred beforehand. Moreover, it’s hard to argue that the case is moot — or stale — because the Constitution offers a remedy that’s still meaningful for citizen Trump: “disqualification to hold and enjoy any office of honor, trust or profit under the United States.”
In light of the events of Jan. 6, the Republican consensus that Trump’s impending trial is unconstitutional is chilling.
It would mean that first-term presidents who lose reelection can, with impunity, incite mob insurrectionists to attack the Capitol while Congress is counting the Electoral College votes. As Laurence Tribe tweeted, Rand Paul’s argument “would give all future presidents two weeks at the end of their term to go on a crime spree without ever having to face the consequences in a Senate disqualification trial.” By definition, there’s never enough time between Jan. 6 and inauguration day, Jan. 20, for Congress to present and vote on articles of impeachment, transfer the articles to the Senate, swear in senators, subpoena the president, exchange pre-trial briefs, hold a real trial with witnesses and documents (which Republicans blocked the first time), deliberate as Senator-jurors and vote on whether to convict.
So where does this absurdly narrow interpretation leave us? Apparently, if you want to impeach someone for attempting to overturn an election by force, the plot needs to be successful and you have to wait until the first part of his second term to do anything about it.
It’s hard to imagine this would have made sense to the Framers.”
“The 2015 Iran deal came together after years of U.S. and international sanctions battered the Islamic Republic’s economy and internal political shifts made an agreement more viable. The deal, which seven countries negotiated, lifted nuclear-related sanctions on Iran in exchange for severe curbs on its nuclear program.
However, the nuclear deal left in place numerous other U.S. sanctions on Iran, such as those related to the Islamist regime’s support for terrorism, its ballistic missile program and its human rights abuses. Many of the U.S. sanctions are especially powerful because they apply to non-American entities who would otherwise want to do business with Iran.
Trump took office complaining that the nuclear agreement was too narrowly focused and that its provisions didn’t last long enough. He withdrew the U.S. from the deal in 2018 — then reimposed the nuclear-related sanctions while also piling on new sanctions on other fronts, such as ones targeting the Iranian regime’s corruption or its backing of terrorist activity. Overall, the sanctions have badly hit Iran’s economy, which also has been hurt by the coronavirus pandemic.
Since the U.S. departure, Iran, too, has taken steps that have put it out of compliance with the agreement, including enriching uranium to 20 percent purity. Iranian leaders say they’ll return to compliance with the deal once the United States lifts its sanctions — ideally returning to the 2016 status, they say. But Biden has indicated he wants Iran to return to compliance first before he’ll lift sanctions.”
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“People who worked in the Trump administration say the new president shouldn’t lift any of the sanctions because the nuclear deal isn’t worth reviving. Rather, they argue that the Trump team handed Biden a gift by placing Iran’s Islamist regime under such intense pressure.
“Don’t let up,” said Len Khodorkovsky, a former senior State Department adviser on Iran policy. “The only way to get positive movement out of Iran is to increase pressure.”
The deal’s supporters, however, point out that Trump’s strategy failed to push Iran into talks for a more stringent agreement. Nor has Tehran stopped other behavior that has upset the U.S. and its allies, such as backing militias outside its borders; it’s also closer to being able to build a nuclear weapon today than it was when the U.S. was in the deal.”
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“Former U.S. officials say it’s possible that Biden’s final decisions will result in a mixed picture: Non-nuclear sanctions with a solid legal basis will stay on, while other sanctions – such as some that appear intended to wreck the nuclear deal – will likely be removed.
The Biden team might also take an incremental approach: Offer some limited sanctions relief in exchange for initial actions on Iran’s part to roll back its recent nuclear advances as a first step toward a full return to the agreement by both countries.
There is pressure to move quickly. For one thing, Iran’s presidential election, set for June, could usher into power a hardline government opposed to the nuclear deal.
But when asked for comment, a State Department official indicated the process of returning to the agreement will take longer than many advocates might wish.
“Iran is a long way from returning to compliance, and there are many steps in the process we will need to evaluate,” the official said in a written statement. “Our first order of business will be consulting with Congress and our allies on the path forward.””
“In a 662-page report analyzing the ’08 crash, the Financial Crisis Inquiry Commission identified a broad cast of villains that caused or contributed to the crisis. They include 5 investment banks that at the time fueled a surge of trading in “toxic” mortgage-backed securities, and derivatives of those securities: Bear Stearns, Citigroup, Goldman Sachs, Lehman Brothers and Merrill Lynch. AIG insured billions of dollars of overvalued securities without the reserves to cover losses. Horrible underwriting standards at mortgage issuers such as Countrywide and Wachovia produced millions of loans borrowers were doomed to default on.
Bond-rating agencies such as Moody’s and Standard & Poor’s failed to identify the risk and rated mortgage-backed securities destined to blow up as safe as US Treasuries. Fannie Mae and Freddie Mac, the government agencies that securitize mortgages, became insanely overleveraged and collapsed. Regulators such as the Federal Reserve and the Securities and Exchange Commission did nothing to intervene until it was far too late. Years of federal policy meant to encourage homeownership allowed some buyers to borrow far more than they could afford. And a 1999 law that eased bank regulations allowed banks to take risks that ultimately threatened the entire financial system.
Hedge funds had little to do with this. There were two hedge funds run inside investment bank Bear Stearns that bet heavily on mortgage-backed securities and collapsed in 2007. But those weren’t the types of hedge funds run by independent operators mostly working with wealthy individuals’ money. A 2012 Rand report found that hedge funds played little role in the housing bubble that caused the crash.”
“According to reports from the region, the Myanmar military has taken into custody several top civilian leaders, including Aung San Suu Kyi, the Nobel Peace Prize laureate and democracy activist whose political party has won recent elections. In a televised statement, the military said that it had taken control of the country and declared a state of emergency for one year.
The military has been unhappy with the outcome of elections in November in which Suu Kyi’s party did well, while the military-backed party fared relatively poorly. The military is alleging voter fraud. Myanmar’s new parliament was due to convene Monday for its first session.
In a statement late Sunday, White House press secretary Jen Psaki said the United States is “alarmed” by the reports.
“The United States opposes any attempt to alter the outcome of recent elections or impede Myanmar’s democratic transition,” Psaki said, adding that the U.S. “will take action against those responsible if these steps are not reversed.””
“State legislators in 28 states have filed 106 bills restricting the franchise thus far in 2021 — and the overwhelming majority have come from Republicans. Compare that to last year at this time: Then, only 35 such bills had been filed in six states.
“We are seeing a backlash,” says Eliza Sweren-Becker, the report’s lead author. “Rather than going out and trying to persuade voters, we’re seeing legislators trying to shrink the electorate in order to ensure job security for themselves.”
The proposed legislation largely falls into two categories: bills that either increase the difficulties individual Americans would face absentee voting or that give officials greater leeway to shrink the voter pool. Some are attempts to roll back voting rights expansions necessitated by the pandemic; others are retreads of policies Republicans have pushed before, like expanded voter identification laws.”
“These sheriffs’ refusal to enforce the stay-at-home orders is part of a long tradition of sheriffs picking and choosing when and how to require their constituents to follow the law. From defying gun control orders to selective enforcement of traffic violations, our system has granted wide latitude to law enforcement.”
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“The nature of policing requires some level of discretion when it comes to enforcement. Traffic violations are so common that police have to decide which ones are worth ticketing and stopping (these decisions are rife with racial bias). However, outright refusal to uphold a law goes beyond that day-to-day discretion as sheriffs appoint themselves lawmakers and law enforcers in the same breath.”