Let's Fix This Country

The Other Big Lie the Wall Street Journal Wants You to Believe

Every expectation is that Donald Trump will run for re-election in 2024. A multifaceted strategy to assure his win no matter that election’s outcome — dubbed a “slow motion coup” by those on the left
— is on the move to make that happen. To fortify that outcome, Trump’s legions are conducting a parallel campaign that seeks to rewrite recent history.

 There is first the “Big Lie”, entirely the creation of the ousted president and still believed by two-thirds of Republicans, that the 2020 election was stolen from Trump and that Joe Biden is per force an illegitimate president.

 Second, a movement to downplay the insurrection swelled as the months passed after January 6. It became just another protest that got out of hand, no different than Portland’s riots, and a false flag operation at that, with antifa members dressed to impersonate right-wing militias.

 A third front to negate “the Russia narrative” hopes to entirely sanitize, if not disappear, the accusations of contacts with Russians during the 2016 Trump campaign, burying these allegations as no more than a left-wing-promoted “hoax”.

This last became a story again with recent indictments by special counsel John Durham, who had been assigned by Trump’s Attorney General William Barr to determine whether the FBI was justified in investigating the Russian contacts. Principal among the indicted is Igor Danchenko, a Russian citizen long in the U.S., who had been revealed as the prime source of Christopher Steele’s “dossier”, and is now charged with lying to the FBI.

Filled with uncorroborated claims of Trump ties to Russia, the Kremlin’s plan to help him win the election, and salacious episodes with prostitutes, the dossier was a bombshell for its having been covertly funded by Hillary Clinton’s campaign. The scandal was compounded when the FBI used it as a principal document to obtain clearance from the secret FISA court for surveillance of Carter Page, a foreign policy adviser to Trump during the Trump campaign.

name calling

The dossier was a bonanza for Trump and Republicans. It gave them a cause célèbre to divert attention from the the peculiar deference Trump showed to Russia President Vladimir Putin and the numerous reports of contacts with Russians by Trump campaign members. That way, given the dossier’s disrepute, they could attempt to claim the FBI and Mueller investigations were a “Russia hoax”.

The news pages of The Wall Street Journal enjoy a respectable reputation for relatively unbiased reporting. But that undergoes a sudden change once one gets to the editorial and opinion columns. What is remarkable is that this clutch of writers are so invested in disclaiming any of the bewildering Trump campaign’s Russian interactions that they have become no more than propagandists. To this day they refer dismissively to the “Russia-collusion narrative”, “Russia collusion fraud”, “Russia-collusion fiction”, “the Russia collusion canard”, “the collusion hoax”, and so on. They are careful to use the word “collusion”, a term not recognized in law where conspiracy and coordination are the preferred words, because while the media, in its probe of Russia campaign connections and election interference, may have suspected collusion and sought to find it, they did not find and did not conclude in their reporting that there was actual collusion.

The folks at the Journal do not make that distinction. That would require them to recognize the long timeline of puzzling Russia-tinted goings on that went right to the edge of collusion.

never should have happened

The Mueller report could not accuse Trump and his campaign team of conspiring with Russia during the 2016 election, but neither did it “exonerate” Trump. Yet columnist Kimberly Strassel wrote that
Kimberley Strassel

the report was “more than an exoneration” [her emphasis]. “None of this should ever have happened absent highly compelling evidence — from the start — of wrongdoing”. For her, evidence of wrongdoing must somehow precede an investigation that looks for evidence. Fellow columnist Daniel Henninger as late as this past May wrote, “The Russia-collusion narrative — that Mr. Trump and his campaign had been politically compromised by Vladimir Putin — was false…accusations that — we know now — were far-fetched from day one”, a denial of Russia’s proven election interference. Just after the Mueller report came out, Holman Jenkins, maybe the most senior Journal columnist, given his top-of-page billing, went to the extreme of
Holman Jenkins

averring “the Trump campaign’s nonexistent Russian connections” and asking, “Why did the FBI fan a Russia collusion confabulation that it knew was unfounded, false, and baseless?”.

By such total nullification they’ve said that the FBI should never have looked into Russian election interference or the hacking of the Democratic National Committee servers. Mueller should have ignored finding out who was behind Russia’s “Active Measures” social media campaign and GRU’s (Russia’s military intelligence unit) hacking operations. They should have just shrugged it off.

Here’s what the Journal opinion pages want you to believe:

there was only the dossier

Ms Strassel wrote obsessively of the dossier. She wanted her readers to think of the “collusion narrative as a political dirty trick aided by a rogue FBI” in a bid to make the dossier the source of all reports of Russia ties. That had become the playbook for the White House, right-wing media, and Republicans in general, and the Journal opinion pages bought in. Any mention of Russia involvement in the election campaign was to be steered straightaway to the FBI’s dossier debacle, as if it were the entirety of the Russia story. In November 2017, Strassel writes:

“[I]t is fair to ask if the entire Trump-Russia narrative — which has played a central role in our political discourse for a year… — is based on nothing more than a political smear document.”

This had become the new “truth” as explained by Henninger in April 2019:

“On Jan. 10, 2017…BuzzFeed published the text of the Steele dossier. Simultaneously, most of the U.S. media began
Daniel Henninger

running stories based on anonymous intelligence sources suggesting the possibility of a link during the previous year’s election between U.S. President-elect Trump and Vladimir Putin.”

Thus, in Henninger’s formulation, no one knew anything until Buzzfeed published the dossier in early 2017. Not true. The extraordinary reporting of 2016 campaign personnel and their Russia intersects began in The New York Times, The Washington Post, and ultimately even his own paper, in the summer of 2016 in the thick of the campaign. But this needed to be disappeared so that Henninger could source the totality of the media’s “Russia-collusion narrative” to the ignominious dossier and become Donald Trump’s “fake news”.

In fact, shoe-leather reporting identified so much about the Trump campaign and its Russia contacts that, by the time the Mueller report was released in the spring of 2019, it offered very little that that newspaper reporters in particular had not already uncovered.

The Journal‘s opinion writers’ desire to subvert the history relies on our forgetting it. If you’d like a quick list of what the press uncovered, take this side trip and return here.

the dossier triggered fbi’s probe

When the Justice Department’s inspector general’s report on the FBI’s investigation came out in December 2019, Ms Strassel was anxious to make the dossier the reason for the FBI’s launch of Crossfire Hurricane, the codename for its investigation into the Trump campaign’s Russian contacts and Russian election interference. That, she hoped, would invalidate both the FBI inquiry and the Mueller probe that took over, as in “fruit of the poisonous tree”.

She quotes not the report — it inconveniently said, “the agency’s decision to open an investigation into the campaign’s ties with Russia was warranted and not motivated by politics” — but Bill Barr’s opinion of it when she writes in January 2020:

“Journalists and Democrats were particularly hysterical when Mr. Barr stated ‘The Inspector General’s report now makes clear that the FBI launched an intrusive investigation of a U.S. presidential campaign on the thinnest of suspicions that, in my view, were insufficient to justify the steps taken’.”

Barr is referring to the Steele dossier; two sentences later he writes of the “rush to obtain and maintain FISA surveillance of Trump campaign”.

Barr’s linking the dossier to the FBI starting its investigation, just as Trump wanted all to believe, is unfounded, but fits Ms Strassel’s mission. She wrestles with the timeline to make that so. In November 2017 she writes, ” Mr. Steele, by his own admission (in an interview with Mother Jones) … gave his dossier in July 2016 to the FBI.”. The FBI began its investigation July 31, 2016.

Just this November she was still at it:

“The nation argued for five years over the infamous ‘Steele dossier’, the document on which the Federal Bureau of Investigation relied to investigate Donald Trump’s 2016 campaign.”

It is Ms Strassel who is arguing; in all this time she has written of little else while the world moved on. In fact, Christopher Steele’s dossier was viewed as suspect from the start. As witness, note that no one seems to have set about trying to prove its contents. It is the sort of document that journalists shy from endorsing. (For the record, though, some of it proved correct, notably that there was a major Kremlin effort to interfere in our elections to help Trump’s campaign.)

About the FBI receiving the Steele document in July and relying on it to start its investigation? She could have found out if she chose to that the truth is otherwise. Concerned for the Russian interference his sources were reporting, Steele gave a copy to an FBI agent in Rome where he had been working, who sent it to the the FBI’s New York’s criminal prosecution office. There it sat for a couple of months with the wrong agents who didn’t know what to do with it. “Steele’s reporting did not reach the counterintelligence team investigating Russia at FBI headquarters until mid-September 2016, more than seven weeks after the FBI opened its investigation”, according to ABC News and multiple sources. The FBI investigation was triggered by reports that the Russians were sitting on thousands of Clinton campaign e-mails (here’s a link to our list again).

Hillary Clinton was the Russian conspirator

“Durham Unravels the Russia Case” was the title of an editorial at the beginning of this November after John Durham indicted Igor Danchenko for repeated lying to the FBI. Danchenko had earlier been unearthed as the principal contributor to Steele’s dossier.

The purported “unraveling” only brought to light a new figure, John Dolan, a public relations executive who had extensive ties to the Kremli, was well known to Russia experts such as Fiona Hill, and “frequently interacted with senior Russian Federation leadership”, according to the Durham indictment. So now in addition to the Clinton campaign paying Fusion GPS through a law firm to develop opposition research, which contracted with Christopher Steele, who relied on Igor Danchenko, there was John Dolan, who provided Danchenko with material he got from Russians.

After years, this and one other indictment, again for lying to the FBI, is all Durham has come up with. Nevertheless, Kimberly Strassel went overboard with this news, opening her November 11 column with:

Special counsel John Durham’s indictments have turned any number of narratives on their heads, including the question of which 2016 presidential campaign was in bed with Russians. It wasn’t Donald Trump’s.”

The editorial page seconded with:

“The country spent years obsessing over the Trump conspiracy that didn’t exist — rather than the Clinton conspiracy that did.”

Strassel asks us to:

“Contrast this to the many Russians routinely interacting with Hillary Clinton campaign contractors and surrogates, as documented by Mr. Durham’s latest indictment.”

She will now undoubtedly be dropping this new bit of demagoguery into her column — that it’s now the Clinton-Russia connection, not Trump — and sure enough, she just did. On December 9, in a completely unrelated column on Merrick Garland, we have “…and Hillary Clinton’s great Russia-collusion hoax”.

Except that unlike the Trump campaign that had direct contacts with Russians — the Mueller report counted 140 between Trump and 18 of his associates — all of this took place at arm’s length from the Clinton campaign, and there is no sign of “many Russians routinely interacting”. Did the Clinton camp even know of the Fusion GPS hire, Christopher Steele? As last link in the chain, Dolan says, “Individuals affiliated with the Clinton Campaign did not direct, and were not aware of” his meetings with Russian nationals, or so he says. The Journal had to admit:

” Whether or not Mrs. Clinton was aware of any of this, there is no question her campaign got a Russian assist.”

None of Durham’s indictments went beyond the Steele episode, yet for Henninger this was somehow, “the Russia-collusion narrative, which prosecutor John Durham is — to choose a word at random — debunking.” The editorial board went for broke, hoping to erase even Russia’s interference in the 2016 election, writing of the…

“Russia collusion narrative from 2016, which the press flogged for more than two years but we now know was concocted by the Hillary Clinton campaign. We also now know that the Russian email disinformation story was false.”

Russian interference erased.

Postscript

The Journal‘s editorials have been steadfast in their contention that Trump lost the 2020 election and not through fraud. It was dirty tricks that won out. The examples cited above are from many more that could have been added to this article.

The editorial writers and opinion columnists are a static crew — Paul Gigot has led the section for two decades —
Paul Gigot

with no change in their ranks in years other than the recent addition of Denmark’s Bjørn Lomborg whose job it is to write a weekly column that downplays climate change. He usually does so by finding incidents of phenomena — storms, wildfires, etc. — in years past that match or exceed those of today, and by assuring us that warming will make little difference anyway.

In July of 2020, 280 journalists and other staffers in the newsroom had enough. They signed a letter to the paper’s new publisher calling out the opinion section’s “lack of fact-checking and transparency, and its apparent disregard for evidence” that serves to “undermine our readers’ trust and our ability to gain credibility with sources”.

The editorial board resorted to arrogance in response, writing to readers rather than its own reporters saying, “their anxieties aren’t our responsibility” and…

“it was probably inevitable that the wave of progressive cancel culture would arrive at the Journal as it has at nearly every other cultural, business, academic and journalistic institution.”

The board would go on to publish this October a close to 900-word letter from Donald Trump in which he lists twenty instances of phantom people, late ballots, dead and underage voters, duplicate registrations, etc., totaling 931,530 fraudulent votes, plus “hundreds of thousands” more “unlawfully counted in secret”. And this was just Pennsylvania.

Roundly criticized, the board responded with, “The progressive parsons of the press are aflutter that we published” the letter. Realizing how far out on a limb they had gone, though, they backtracked by refuting some of the fraud claims in various states. But the editors closed with barbs against other media for failing “to examine their own standards after they fell so easily for false Russian collusion claims”. This breezed past the Republican-run Senate Intelligence Committee report that two months earlier showed the unequivocal collusion between pardoned Paul Manafort and Russian intelligence officer Kilimnik that the committee called “a grave counterintelligence threat” and Trump’s involvement with Roger Stone, WikiLeaks, and Russia’s help with stolen Clinton e-mail.

Might as Well Call Gerrymandering the 28th Amendment

State legislatures around the country are busily using 2020 census data to map voters into newly configured election districts. The grail is to obliterate the opposition party’s representation in Congress. There’s nothing new about this; it’s been going on since the early 1800s. But

this time, optimized by software advances, gerrymandering will reach extremes not seen before, and the new redistricting will engineer elections for the full decade until the 2030 census. America as a democracy is becoming a myth.

It doesn’t have to be this way. We could easily have a pure democracy if it weren’t for the political parties’ lust for power. We’ll explain how below.

hard right rudder

Republicans decidedly hold the upper hand in the gerrymander sweepstakes. The party has trifectas — control of both chambers of the state legislature as well as the governorship — in 23 states, and in addition controls both legislative branches in seven others. Democrats have only 15 trifectas and control both legislative chambers in only three others.

The remaining 12 states have opted for redistricting commissions to draw the maps for congressional elections.

illiberal art

Map designers or software algorithms employ the techniques of “cracking” and “packing” to neuter the votes of the opposition party. Cracking is used to split areas where that party predominates, spreading their votes into districts where they will be safely outnumbered and have no effect. Packing often surrenders a district to the opposition, but crams it with as many opposition voters as possible to purge them from surrounding districts so as there to guarantee the opposition will loss. The Republican motive is often to isolate Blacks who vote overwhelmingly Democratic, as when the Alabama legislature packed a district which already had a 72% majority of Blacks with 16,000 more. “Bleached of their reliable Democratic voters, the surrounding districts become safe for Republicans”, as a Wall Street Journal op-ed writer put it. Supreme Court Chief Justice John Roberts calls it the “sordid business of divvying us up by race”.

An added effect of gerrymandering is that, while it removes districts from the competition of the opposing party in order to guarantee re-election of incumbents every other November, it shifts incumbents’ risk to the primaries. A representative running for re-election is made vulnerable to the threat of a more extreme challenger of his or her party. Woe betide incumbents guilty of any deviance from doctrine while in office. They will be sent packing because it is the most ideologically extreme who come out to vote in the primaries.

crimes against geography

The contorted shapes that gerrymandering produces look like accidents in a supermarket aisle, or like this bug splat,
Blue marks the controversial 2016
Democratic district, part of which
lies along Chesapeake Bay, in black.

a Maryland district in 2016. Connected by tiny threads and leaping across water, it consists of parts of Baltimore, Annapolis and three counties. There are more map excerpts where that came from if interested: click though to a “Gallery of Gerrymanders” Let’s Fix This Country put together that year. By their tortured designs alone, these gargoyles of engineered voting are testament that our elections are seriously wrong, that our democracy needs an asterisk.

early entries

Gerrymandering is already producing the expected distortions this year. Democratic Illinois has lost a seat from population decline but is using muscular gerrymandering to make certain it’s a Republican seat that’s cut plus replacing a second with a Democrat.

Maryland, which had some fame this past decade for a strung-out district, may redraw it so as to eliminate the state’s single Republican representative out of its total of eight.

But it’s the Republicans who will come up with far more gerrymandered districts — because they can (see above).

Trump won 52% of Texans’ votes but governor Greg Abbott has signed into law a map that’s gerrymandered to award 66% of congressional seats to Republicans.

Ohio went 53-to-45 for Trump but its proposed map gives Democrats only two congressional seats out of its allotment of 15.

North Carolina is a serial violator of gerrymander excess. It was forced by the courts to redraw its maps twice since 2011. Whereas Donald Trump had won the 2016 election by under 4% in that purple state, its gerrymandered maps had given Republicans 10 of 13 seats. The court-approved redrawing made that 8 of 13 in the 2020 election, but now the Tarheel legislature is at it again. Republicans have come up with a map to make it the same 10 Republican and 3 Democratic districts, plus one competitive to make 14 (the census added one representative) despite Trump edging Biden by only 1.3%.

We will see many more examples in the coming months as states complete their grotesquery of this form of voter suppression where citizens are cloistered away to where their votes will have no effect.

Which is not to say that the commissions adopted by the dozen states are providing a Utopian solution. Squabbles in Virginia erupted in shouting matches, no resolution, and the commission members gave up. In Ohio the Republican-controlled legislature overrode the redistricting commission and drew its own map. In New York, which lost a seat owing to population shrinkage, Democrats want to collapse an upstate Republican district that suffered that fate, but Republicans would rather merge two Democratic districts up river from New York City, forcing one Democrat to eliminate the other. No agreement there.

moot court

Court fights will ensue in every election year of the coming decade, but one court that is unlikely to be involved is the high court in Washington, D.C. In 2019, the Supreme Court dealt with a couple of cases and decided that, while they would step in when gerrymandering appears to be racially motivated in violation of what’s left of the 1965 Voting Rights Act– cracking or packing Black districts, say — they would no longer take on cases of partisan political battles, no matter the threat to democracy of leaving state legislatures free to eviscerate the opposition party.

The Court has as an excuse Article I, Section 4, of the Constitution which gives control of “The Times, Places and Manner of holding Elections for Senators and Representatives” to the state legislatures, but Congress has none. That same sentence goes on to say, “but the Congress may at any time by Law make or alter such Regulations.” Pamela Karlan, a professor at Stanford Law School, says, “Congress could pass a law tomorrow to move to a system of proportional representation”. That would rid the country of the whole disreputable practice of self-interested politicians drawing maps with sole purpose to keep themselves in office.

Democrats are for it

Introduced in the Senate in September, the Freedom to Vote Act would ban gerrymandering as one of its provisions, establishing rules, increased transparency, and ensuring that gerrymandered or discriminatory maps can quickly be challenged in court. The bill requires 60 votes in the Senate, though, unless Democrats vote to kill the filibuster so as to pass the bill with a simple majority. Every last senator plus tie-breaker Kamala Harris is needed to end the filibuster and then pass the bill, but then there are two senators, Joe Manchin of West Virginia and and Arizona’s Kyrsten Sinema, who have expresses their opposition. Republicans, led by Mitch McConnell, are dead against the legislation. So the bill’s prospects are dim.

That leads us to the solution we referred to at the outset.

the fix

The law requires each congressional district to have approximately the same population. Population densities vary across a map, rivers and lakes intrude, highways bisect, so dividing a state into the number of districts that matches the number of congressional representatives that its population allows, with each district having the same number of people, is more than a doodle on a napkin.

Sadly, software companies have obligingly taken redistricting to extremes by creating the tools to assist states in gerrymandering the opposition party virtually out of existence. More’s the pity that the same software logic could be repurposed to rid us of gerrymandering for good.

Handed census data, software code would begin by dividing a state into the nearest to equal size rectangles that irregular borders permit. Algorithms then recursively adjust each area’s shape and size — with zero regard to political parties and ethnic groups — until optimally equal populations occupy each district.

Job done. The wasteful and contentious lawsuits and court cases would vanish.

And it’s not that difficult. Appalled by the corruption of gerrymandering, a Massachusetts software engineer named Brian Olson pulled it off as we reported years ago. He created software — open source that you could even run on your home computer — that could apply the same uniform algorithms to the census maps of all 50 states. He went on to make this something of a crusade, replete with TED talk.

We’ll keep North Carolina in the spotlight. Here is the original offending map at the time Olson developed his application. Following it is the simplified result that emerges from his application’s neutral rendering:

But no attention is ever paid. Justices of the Supreme Court have lamented no one has come up with a standard by which overly partisan gerrymandering could be struck down. And yet there is a standard in Article IV, Section 4, which the Court has three times chosen to pass off to Congress despite its saying “The United States shall guarantee to every State in this Union a Republican Form of Government”. The United States, not Congress. If states become so corrupted that the votes of subsets of their citizenry are repressed so as to have no count, Justice John Marshall Harlan wrote of the courts’ responsibility in his dissent in 1896’s Plessy v. Ferguson.

“Such a system is inconsistent with the guarantee given by the Constitution to each State of a republican form of government, and may be stricken down by congressional action, or by the courts in the discharge of their solemn duty to maintain the supreme law of the land”.

This being a passion of ours, in 2019 we sent this letter individually addressed to each of the nine justices in the hopes of awakening them to this wholly agnostic software solution. It did no good, of course. Not one of them (they each have staffs, don’t they?) had the courtesy to reply with a form letter, an e-mail acknowledgement, a postcard — zero.