Six (almost seven) months after the election, and 200 days into the disaster of Trumpian government, Democrats still want to blame it all on the Russians, or on their new hero and recent villain James Comey.

Those are real factors. But the Democrats are not blameless. The soullessness of the Democratic party had a lot to do with DT’s victory despite losing the popular vote.

Donald Trump and Hillary Clinton face off. Screenshot from CBS News.
The two candidates debate

Consider these influences on the outcome—and note that the Democrats could have easily fixed items 1 through 6 in 2009 when memories of GWB’s failures were strong and they had a clear mandate for change. They also own full responsibility for items 7-10 in 2016. So of these baker’s dozen factors, only three were external forces:

  1. Republican purges of the voter list and discarding of likely-Democratic ballots, including 90,000+ likely-Democratic voters in Florida in 2000 (and 350,000 in Ohio in 2004—read this very thorough analysis by none other than Robert F. Kennedy, Jr.).
  2. Hackable voting machines lacking traceable paper ballots (#1 and 2 alone are probably the biggest two factors in the two GWB victories).
  3. Gerrymandering.
  4. Special-interest lobbying and campaign funding, creating a system that works against real change—and should have been replaced years ago by meaningful public funding across all parties receiving 5 percent or more.
  5. Failure to institute ranked-choice voting, so that a third-party vote or a vote for your top choice in the primary is not a spoiler that helps elect your least favorite candidate (DT would have never even been the candidate if the Republicans had used this in their primaries; one DT voter in my family told me he was her “seventeenth choice” among 17 Republican candidates).
  6. And yes, the electoral college that disenfranchised a majority of voters twice in the last five elections.
  7. Messaging: if you’re not following the issues closely, would you rather stand strong and “Make America Great Again” or blubber out a wimpy, incoherent “I’m With Her”?
  8. In 2016, Obama refused to force the issue on Merrick Garland, not only losing the seat to an ultra-rightist but setting an absolutely terrible precedent that he, a constitutional law scholar, could have certainly seen coming. To progressives, that was (among other things) a message that the Democratic Party was not even willing to support itself and the constitution, so why bother?
  9. Also in 2016, even though Hillary would have probably gotten the nomination honestly, the double-dealing and shenanigans against the Bernie campaign gave some people—maybe enough to upset the election—reasons to stay home on November 8.
  10. Worse, nobody on her campaign seemed to notice that her primary victories were heavily tilted toward the Deep South, where it was abundantly clear that she wasn’t going to win in November–and they took the midwest for granted. Hillary made exactly zero trips to Wisconsin between nomination and election day, even though Bernie cleaned her clock in the primary by 13 points. These folks were hard-hit by the recession and they watched Obama bail out the banks and Wall Street while doing precious little for underwater working-class homeowners. This was not a victory strategy. It was only because DT was so disgusting that it was even close in states like that.
  11. Russian interference, and we may never know what really went on.
  12. Comey’s “October Surprise” last-minute disclosure of more suspicion around Hillary’s emails
  13. Fake news. Lots of it.

This is not a comprehensive list; I could easily list another dozen factors. Here’s the reality: we will never know exactly which factors shifted the results; probably each contributed a little bit to DTs razor-thin, non-popular-vote victory.

But we do know that nine items on this list were avoidable or fixable. And despite the worst presidency in the history of the US, they still don’t understand what they need to do to fix things.

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One one level, I’m pleased that DT has chosen a very smart guy for his first Supreme Court Justice nominee.

Supreme Court, 2009 (Photo)
In this 2009 portrait of the Supreme Court, Scalia is third from the right.

But on the other hand, Neil Gorsuch is as much of a right-wing ideologue as his late mother Anne, who attempted to eviscerate the Environmental Protection Administration when she ran it for Ronald Reagan. And then there’s the little matter of timing: A nominee was already selected by President Obama when his term still had nine months left. I thought Obama was making a huge mistake in not pushing hard on this. Even if Clinton had won in November, it was a terrible precedent. Merrick Garland is every bit as smart as Neil Gorsuch, and is not an ideologue for either side. He belongs on the Court.

Thus, I wrote the following email this morning to my Democratic Senators, both of whom have already made public statements opposing this nomination—feel free to use it as the basis for a personalized letter to your own Senators:

Thanks for Opposing Gorsuch nomination–Please Organize Other Democratic Senators

Dear Senator Warren (Senator Markey):

Thank you for being such a strong advocate of justice in the opening weeks of the Trump era. As a constituent and a citizen, I’m very grateful–and I ask you to step to the plate again to lead the fight against Neil Gorsuch. I see that you’ve already said publicly that you will not support this nomination, and thank you for that as well. I urge you not only to publicly oppose this nomination, but to build opposition among your fellow Democratic and Independent Senators. This latest unacceptable nomination must be stopped. Here are two talking points that may help:

1. There is already a nomination on the table: the moderate centrist Merrick Garland. The Senate’s disgraceful failure to act on that nomination should not invalidate it, and the horrible precedent that a president in his last year isn’t entitled to nominate has to be undermined.

2. Trump did not even get a majority, or anything close to a majority. There is no mandate to install SCOTUS justices with a radical right-wing ideology such as Judge Gorsuch’s. He is obviously very smart and scholarly, but has been an adamant champion of some of the worst judicial decisions while regularly sharing his view that the courts should not be used to expand the rights of ordinary citizens. As examples, he has written decisions that favor Christianity against other religions, and has called corporate campaign contributions (presumably including those allowed under Citizens United) “fundamental right” that should be afforded the highest standard of constitutional protection. All of this is well-documented in his Wikipedia profile: https://en.wikipedia.org/wiki/Neil_Gorsuch . I repeat: there is no mandate to appoint a right-wing ideologue.

Shel Horowitz – “The Transformpreneur”(sm)

If you feel as I do, please contact your Senators. Again, I freely give permission to modify what I’ve written to send your own message.

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