Politics
Opinion: Age matters. Which is why Biden's age is his superpower
Joe Biden is old. Like each of us, he comes from a particular place in history, in his case the LBJ years. And that’s one big reason why his first term has been so full of accomplishment: His age, often cited as the greatest obstacle to his reelection, is actually his superpower.
There was never much question that Third Act, the progressive organizing group for people over 60 that I helped found, would end up endorsing President Biden for reelection. We campaign to protect our climate and our democracy, and so the chances we would back Donald Trump — who pulled us out of the Paris climate accords and helped mount the Jan. 6 insurrection — were nil. (Nikki Haley, another no-go, strenuously backed Trump’s Paris pullout.)
Biden, on the other hand, is a scrupulous small-d democrat. His record on climate isn’t perfect, but he has helped jump-start renewable energy development, and just last month he showed real bravery in standing up to Big Oil and pausing new permits for LNG — liquid natural gas — export.
Still, individual policy decisions don’t explain why my organization’s members are drawn to Biden. It’s not that we reflexively like older politicians; we take seriously the need to pass the torch to a new generation. But we also don’t unthinkingly dismiss anyone just because they can collect Social Security. Obviously you lose a step physically as you age, but the presidency doesn’t require carrying sofas up the White House stairs. And science increasingly finds that aging brains make more connections, perhaps because they have more history to work with.
It’s the specifics of that history that really draw us in.
The first presidential election in which Joe Biden was eligible to vote featured Lyndon Johnson beating Barry Goldwater. History remembers LBJ’s presidency as chaotic because of his tragic adventuring in Vietnam, but in other respects it was remarkable. His Great Society echoed Franklin Roosevelt’s New Deal (FDR was Biden’s childhood president). Under Johnson, the federal government took ambitious steps to advance civil rights, to rein in poverty, attack disease, beautify human landscapes and conserve wild ones, and to further science — these were the Apollo space program years. Not every project worked, but lots have lasted: Medicare, Medicaid and food stamps, for instance.
So Biden was socialized in an era when government took on big causes, and you can see it reflected in his first-term commitment to rebuilding infrastructure on a grand scale, boosting a new sustainable energy economy with billions of dollars for solar panels and battery factories, dramatically increasing the number of people with healthcare, and standing up for gun control, voting rights and reproductive rights.
This propensity to go big is different from his immediate predecessors.
Barack Obama first got to vote in the Carter-Reagan election of 1980, a landslide for Reagan that repudiated an active role for Washington in domestic policy, replacing it with the idea that government was the problem, and that the free market solves all problems. Reagan’s triumph was so complete that it altered for a long while the boundaries of our political life: When Obama, at the end of his time in office, was asked why even with 60 Democratic senators at his inauguration his policy achievements — Obamacare excepted — had been relatively modest, he cited a “residual willingness to accept the political constraints that we’d inherited from the post-Reagan era. … Probably there was an embrace of market solutions to a whole host of problems that wasn’t entirely justified.”
Biden simply doesn’t have that residual Reaganism; his political makeup was formed before the Reagan revolution. He watched a booming economy in the Johnson years that narrowed the gap between poor and rich. Reagan’s economic boom benefited the rich. Now Biden is back in LBJ mode, and the gap has — for the first time in decades — begun to narrow again.
What are Trump’s political influences? What presidency might be his model? He first got to vote in 1968’s tilt between Hubert Humphrey and Richard Nixon. He didn’t inherit any of Nixon’s few good qualities (he founded the Environmental Protection Agency, for instance). Trump mainly seems to have adopted Nixon’s endless sense of victimization, not to mention his willingness to break the law on his own behalf.
The commitment to the principles of the New Deal and the Great Society — to the idea of America as a group project, not a series of isolated and individual efforts at personal advancement — are what we desperately need. Turning over all important decisions to “the market” has left us on a planet with melting poles and cartoonish levels of inequality.
Johnson, of course, wasn’t reelected; with the war in Vietnam raging, he didn’t even run. Biden appears to have remembered that too, with his forthright decision to finally get us out of Afghanistan. Now Gaza may be the kind of inhuman quagmire that could still bring him down.
That would be a shame, because given another four years Biden might well be able to restore confidence in an America that has so destructively turned on itself.
Age matters. My cohort agrees. Why did Biden believe he could do what he did in his first term? Because he’d seen it done. Let’s hope the politicians of the future are watching his successes closely.
Bill McKibben is Schumann Distinguished Scholar in Environmental Policy at Middlebury College and founder of Third Act.
Politics
Trump ally diGenova tapped to lead DOJ probe into Brennan over Russia probe origins
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The Justice Department is turning to former Trump attorney Joeseph diGenova to spearhead a probe into ex-CIA Director John Brennan and others over the origins of the Trump-Russia investigation, as the department reshuffles leadership of the sprawling inquiry.
Acting Attorney General Todd Blanche has tapped diGenova to serve as counsel overseeing the matter, according to a New York Times report, putting a former Trump attorney in a key role in the high-profile probe. A federal grand jury seated in Miami has been impaneled since late last year.
The Department of Justice did not immediately respond to Fox News Digital’s request for comment.
DOJ ACTIVELY PREPARING TO ISSUE GRAND JURY SUBPOENAS RELATING TO JOHN BRENNAN INVESTIGATION: SOURCES
Joseph diGenova represented President Donald Trump during special counsel Robert Mueller’s investigation. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova, a former U.S. attorney in Washington, D.C., who represented Trump during special counsel Robert Mueller’s investigation, has repeatedly accused Brennan of misconduct tied to the origins of the Russia probe—allegations that have not resulted in criminal charges.
He also said in a 2018 appearance on Fox News that Brennan colluded with the FBI and DOJ to frame Trump.
The origins of the Russia investigation have been the subject of ongoing scrutiny by Trump allies, who have argued that intelligence and law enforcement officials improperly launched the probe.
BRENNAN INDICTMENT COULD COME WITHIN ‘WEEKS’ AS PROSECUTORS REQUEST OFFICIAL TRANSCRIPTS
Joseph diGenova has previously said that ex-CIA chief John Brennan colluded with the FBI and DOJ to frame Trump. (Tom Williams/CQ-Roll Call/Getty Images)
DiGenova’s appointment follows the ouster of Maria Medetis Long, a national security prosecutor in the South Florida U.S. attorney’s office. She had been overseeing the inquiry, including a false statements probe related to Brennan and broader conspiracy-related investigations.
As the investigation continues, federal investigators have issued subpoenas seeking information related to intelligence assessments of Russian interference in the 2016 election.
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John Brennan has denied any wrongdoing related to the Russia investigation. (William B. Plowman/NBC/NBC NewsWire via Getty Images; Alex Wong/Getty Images)
Brennan has previously denied wrongdoing related to the Russia investigation and has defended the intelligence community’s assessment that Moscow interfered in the 2016 election.
Politics
Supreme Court weighs phone searches to find criminals amid complaints of ‘digital dragnets’
WASHINGTON — A man carrying a gun and a cellphone entered a federal credit union in a small town in central Virginia in May 2019 and demanded cash.
He left with $195,000 in a bag and no clue to his identity. But his smartphone was keeping track of him.
What happened next could yield a landmark ruling from the Supreme Court on the 4th Amendment and its restrictions against “unreasonable searches.” The court will hear arguments on the issue on April 27.
Typically, police use tips or leads to find suspects, then seek a search warrant from a judge to enter a house or other private area to seize the evidence that can prove a crime.
Civil libertarians say the new “digital dragnets” work in reverse.
“It’s grab the data and search first. Suspicion later. That’s opposite of how our system has worked, and it’s really dangerous,” said Jake Laperruque, an attorney for the Center for Democracy & Technology.
But these new data scans can be effective in finding criminals.
Lacking leads in the Virginia bank robbery, a police detective turned to what one judge in the case called a “groundbreaking investigative tool … enabling the relentless collection of eerily precise location data.”
Cellphones can be tracked through towers, and Google stored this location history data for hundreds of millions of users. The detective sent Google a demand for information known as a “geofence warrant,” referring to a virtual fence around a particular geographic area at a specific time.
The officer sought phones that were within 150 yards of the bank during the hour of the robbery. He used that data to locate Okello Chatrie, then obtained a search warrant of his home where the cash and the holdup notes were found.
Chatrie entered a conditional guilty plea, but the Supreme Court will hear his appeal next week.
The justices agreed to decide whether geofence warrants violate the 4th Amendment.
The outcome may go beyond location tracking. At issue more broadly is the legal status of the vast amount of privately stored data that can be easily scanned.
This may include words or phrases found in Google searches or in emails. For example, investigators may want to know who searched for a particular address in the weeks before an arson or a murder took place there or who searched for information on making a particular type of bomb.
Judges are deeply divided on how this fits with the 4th Amendment.
Two years ago, the conservative U.S. Court of Appeals for the 5th Circuit in New Orleans ruled “geofence warrants are general warrants categorically prohibited by the 4th Amendment.”
Chief Justice John Roberts sided with the court’s liberals in a 4th Amendment privacy case in 2018.
(Alex Wong / Getty Images)
Historians of the 4th Amendment say the constitutional ban on “unreasonable searches and seizures” arose from the anger in the American colonies over British officers using general warrants to search homes and stores even when they had no reason to suspect any particular person of wrongdoing.
The National Assn. of Criminal Defense Lawyers relies on that contention in opposing geofence warrants.
Its lawyers argued the government obtained Chatrie’s “private location information … with an unconstitutional general warrant that compelled Google to conduct a fishing expedition through millions of Google accounts, without any basis for believing that any one of them would contain incriminating evidence.”
Meanwhile, the more liberal 4th Circuit in Virginia divided 7-7 to reject Chatrie’s appeal. Several judges explained the law was not clear, and the police officer had done nothing wrong.
“There was no search here,” Judge J. Harvie Wilkinson wrote in a concurring opinion that defended the use of this tracking data.
He pointed to Supreme Court rulings in the 1970s declaring that check records held by a bank or dialing records held by a phone company were not private and could be searched by investigators without a warrant.
Chatrie had agreed to having his location records held by Google. If financial records for several months are not private, the judge wrote, “surely this request for a two-hour snapshot of one’s public movements” is not private either.
Google changed its policy in 2023 and no longer stores location history data for all of its users. But cellphone carriers continue to receive warrants that seek tracking data.
Wilkinson, a prominent conservative from the Reagan era, also argued it would be a mistake for the courts to “frustrate law enforcement’s ability to keep pace with tech-savvy criminals” or cause “more cold cases to go unsolved. Think of a murder where the culprit leaves behind his encrypted phone and nothing else. No fingerprints, no witnesses, no murder weapon. But because the killer allowed Google to track his location, a geofence warrant can crack the case,” he wrote.
Judges in Los Angeles upheld the use of a geofence warrant to find and convict two men for a robbery and murder in a bank parking lot in Paramount.
The victim, Adbadalla Thabet, collected cash from gas stations in Downey, Bellflower, Compton and Lynwood early in the morning before driving to the bank.
After he was robbed and shot, a Los Angeles County sheriff’s detective found video surveillance that showed he had been followed by two cars whose license plates could not be seen.
The detective then sought a geofence warrant from a Superior Court judge that asked Google for location data for six designated spots on the morning of the murder.
That led to the identification of Daniel Meza and Walter Meneses, who pleaded guilty to the crimes. A California Court of Appeal rejected their 4th Amendment claim in 2023, even though the judges said they had legal doubts about the “novelty of the particular surveillance technique at issue.”
The Supreme Court has also been split on how to apply the 4th Amendment to new types of surveillance.
By a 5-4 vote, the court in 2018 ruled the FBI should have obtained a search warrant before it required a cellphone company to turn over 127 days of records for Timothy Carpenter, a suspect in a series of store robberies in Michigan.
The data confirmed Carpenter was nearby when four of the stores were robbed.
Chief Justice John G. Roberts, joined by four liberal justices, said this lengthy surveillance violated privacy rights protected by the 4th Amendment.
The “seismic shifts in technology” could permit total surveillance of the public, Roberts wrote, and “we decline to grant the state unrestricted access” to these databases.
But he described the Carpenter decision as “narrow” because it turned on the many weeks of surveillance data.
In dissent, four conservatives questioned how tracking someone’s driving violates their privacy. Surveillance cameras and license plate readers are commonly used by investigators and have rarely been challenged.
Solicitor Gen. D. John Sauer relies on that argument in his defense of Chatrie’s conviction. “An individual has no reasonable expectation of privacy in movements that anyone could see,” he wrote.
The justices will issue a decision by the end of June.
Politics
Trump renews bridge, power plant threat against Iran in push for deal, mocks ‘tough guy’ IRGC
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President Donald Trump mocked the Islamic Revolutionary Guard on Sunday morning for staking claim to a Strait of Hormuz “blockade” the U.S. military had already put in place.
“Iran recently announced that they were closing the Strait, which is strange, because our BLOCKADE has already closed it,” Trump wrote on Truth Social. “They’re helping us without knowing, and they are the ones that lose with the closed passage, $500 Million Dollars a day! The United States loses nothing.
“In fact, many Ships are headed, right now, to the U.S., Texas, Louisiana, and Alaska, to load up, compliments of the IRGC, always wanting to be ‘the tough guy!’”
Trump declared Saturday’s IRGC fire was “a total violation” of the ceasefire.
“Iran decided to fire bullets yesterday in the Strait of Hormuz — A Total Violation of our Ceasefire Agreement!” his post began.
“Many of them were aimed at a French Ship, and a Freighter from the United Kingdom. That wasn’t nice, was it? My Representatives are going to Islamabad, Pakistan — They will be there tomorrow evening, for Negotiations.”
Trump remains hopeful about diplomacy, but is not ruling out a return to force, where he once warned about ending “civilation” in Iran as they know it.
“We’re offering a very fair and reasonable DEAL, and I hope they take it because, if they don’t, the United States is going to knock out every single Power Plant, and every single Bridge, in Iran,” Trump’s stern warning continued.
“NO MORE MR. NICE GUY!
“They’ll come down fast, they’ll come down easy and, if they don’t take the DEAL, it will be my Honor to do what has to be done, which should have been done to Iran, by other Presidents, for the last 47 years. IT’S TIME FOR THE IRAN KILLING MACHINE TO END!”
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