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Column: A president who won't tell the truth about California may unfairly punish the state

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Column: A president who won't tell the truth about California may unfairly punish the state

California has a problem with its elections.

Not the way they’re conducted or administered, though there’s certainly room for improvement.

The problem is with a certain pouty president who can’t get over the fact California voters just aren’t that into him.

Donald Trump lost the state by a whopping 4.2 million votes in 2016. He nursed his bruised ego by suggesting the result was tainted by “millions and millions” of fraudulent ballots — even though there’s zero evidence supporting that claim.

In November, Trump won back the White House, but still lost California by nearly 3.2 million votes. Not exactly a nail-biter, but definitely better than his showings in 2016 and 2020. Apparently, though, a gold star for progress wasn’t enough to boost our needy president’s self-esteem.

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“I think we would’ve won the state of California,” Trump told supporters at a post-inauguration celebration, “if the state had stronger voter identification laws.” Another assertion that’s not remotely grounded in reality, but Trump’s gonna Trump.

Yes, it’s grown tiresome. But all that whining could be written off as just more gaseous venting had the president not threatened to withhold desperately needed aid to fire-ravaged Southern California.

“I have a condition,” he told reporters before touring the charred remains of Pacific Palisades: Voter ID legislation to remedy what Trump falsely described as “a very corrupt” state election system.

(He also reiterated his demand that California change its water policies, but maybe that’s been solved by the troops Trump supposedly sent to turn on the water flow from the Pacific Northwest. There were no troops and there is no such flow, but whatever.)

Predictably, House Speaker Mike Johnson chimed in with his own false election claims, asserting that Republicans lost three California House seats in November because of vote-counting chicanery. “Inexcusable,” he huffed, echoing Trump’s suggestion there may be political terms for wildfire relief.

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There is so much wrong with those kinds of threats, including the fact they’re morally reprehensible and utterly without precedent in the American annals of natural disaster — that is, until Trump came along. But we’ll save those lamentations for another day.

There’s also a great deal that Trump, Johnson and their California-bashing allies get wrong about the integrity of the state’s election system.

For starters, repeated nationwide studies have shown that voter fraud “is vanishingly rare and voter impersonation is nearly nonexistent,” as the Brennan Center for Justice, a law and policy think tank at New York University, has noted.

That leaves us — let’s quickly do the math — millions and millions shy of the supposedly fraudulent votes that tipped California away from Trump.

As for the state’s notoriously prolonged vote-counting process, it may be a source of vexation. (Including to many within the state.) But there’s nothing nefarious going on there, either.

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Over the years, California lawmakers have enacted policies aimed at encouraging the greatest voter turnout possible, which is a commendable goal in a representative democracy. Once votes are cast, the state makes every effort to ensure they’re properly tabulated. And there are a great many to be counted. The number of presidential ballots cast in California last November — nearly 16 million — exceeds the population of all but four states.

It takes time to ensure that each of those ballots is legitimate. (That’s how you prevent fraud.)

That may require verifying an individual’s address or checking his or her signature against the one on file. Or shipping a mail ballot that was dropped off at the wrong location to the county where it should have been cast.

A considerable number of provisional ballots also need to be processed. For instance, if someone shows up at the wrong polling place they are allowed to cast a ballot, which then must be scrutinized.

All those steps hold up the final count, which, unfortunately, has invited disingenuous claims about vote-switching and stolen House seats. There is a straightforward, perfectly innocent reason why Democratic candidates sometimes pull ahead after trailing in early returns: Election day balloting has skewed Republican in recent years while mail ballots, which are counted later, have tended to favor Democrats.

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If you want quicker results, the state should shell out more money to pay for it. Counties are responsible for tabulating ballots, but get nothing from Sacramento for that responsibility. Let the state pay to hire more staffers. Also, lawmakers could do more to help election offices in rural California, which are cash-starved compared with those in big urban areas.

Another change worth considering: Would shifting from county-managed voter registration databases to a state-managed system boost efficiency?

Those are all relatively small modifications, however, in a system that needs no major overhaul.

“For eight years, Trump has cried wolf, pushing claims attacking the integrity of California’s elections,” Sen. Alex Padilla, the state’s former elections chief, said in an email. “There is no evidence of widespread voter fraud and Trump’s actions are an attempt to sow distrust in California’s elections because he doesn’t like the results.”

It’s said, quite rightly, that elections have consequences. So does lying about elections.

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Bogus claims only serve to undercut faith in our democratic process and insult the many people working diligently to ensure the honesty and efficiency of our election system. They do so under increasingly stressful and sometimes dangerous conditions.

There’s no harm considering whether things can be done better.

But not by holding hostage tens of thousands of people whose lives have been devastated by wildfire. “They deserve support from their president,” Padilla rightly stated, rather than “political gamesmanship.”

And not by seeking needless fixes for a nonexistent problem conjured up by a president who’s not just a sore loser but a sore winner, as well.

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Sean Duffy proposes big plans to upgrade air traffic control systems, use AI to find ‘hot spots’

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Sean Duffy proposes big plans to upgrade air traffic control systems, use AI to find ‘hot spots’

Transportation Secretary Sean Duffy announced plans to bolster airport air traffic control systems with the latest technology over the next four years, while also using artificial intelligence (AI) to identify “hot spots” where close encounters between aircraft occur frequently.

The announcement came after an update on an investigation into a crash near Ronald Reagan Washington National Airport in Arlington, Virginia, when a U.S. Army helicopter and an American Airlines-operated passenger jet collided over the Potomac River Jan. 29.

“We’re here because 67 souls lost their lives on Jan. 29,” Duffy told reporters Tuesday, noting that the National Transportation Safety Board (NTSB) unveiled its preliminary findings into the crash earlier in the day.

The findings noted that, over the last 2½ years, there have been 85 near misses or close calls at Reagan National. Close calls were identified as incidents when there are less than 200 feet of vertical separation and 1,500 feet of lateral separation between aircraft.

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The Potomac River and Ronald Reagan Washington National Airport in Arlington, Va., Jan. 30. (Leigh Green for Fox News Digital)

Appearing shocked at the findings, Duffy questioned how the Federal Aviation Administration (FAA) did not know about the “hot spot,” where near misses happen frequently.

“We’re having near misses, and if we don’t change our way, we’re going to lose lives,” he said. “That wasn’t done. Maybe there was a focus on something other than safety, but in this administration, we are focusing on safety.”

The FAA has deployed AI tools to sift through data and find additional hot spots in U.S. airspace near airports to find similar situations to what has been happening at Reagan National.

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Sean Duffy

Transportation Secretary Sean Duffy holds a briefing on the deadly Jan. 29 midair plane crash near Ronald Reagan Washington National Airport. (Fox News/Pool)

Once the hot spots are identified, Duffy’s team will implement changes to reduce the close encounters between aircraft.

Duffy also said he has learned that air traffic control systems across the country are 25 to 30 years old, and some of them even use floppy disks as if they were stuck in the 1980s.

While the system is antiquated, the secretary stressed it was safe. Despite the system being safe, Duffy said it needs to be upgraded.

“This should have happened four years ago, 10 years ago, 15 years ago,” he said. “But, right now, we’re at a point where we can actually do it. And we can do it really fast.”

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Sean Duffy Presser

Transportation Secretary Sean Duffy holds a briefing on the deadly Jan. 29 midair plane crash near Ronald Reagan Washington National Airport that killed 67 people. (Fox News/Pool)

Duffy said the task could take up to four years to complete.

The job entails bringing in a brand-new air traffic control system, switching from copper wires to a combination of fiber, wireless and satellite systems.

The current radar system from the 1970s or early 1980s works, but Duffy wants to put state-of-the-art radar in place and terminals with the right screens and the best technology.

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Air traffic controllers

The Stansted Airport control tower in the United Kingdom (NATS U.K.)

“We’re going to deploy resources for runway safety — new technology that will allow our air traffic controllers not to use binoculars in the tower to see where aircraft are at, but to actually have ground radar sensors at our airports that will allow air traffic controllers to see where airplanes are at,” he said. 

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“We’ve heard a lot of new stories of just near misses on the tarmac. And how do you alleviate that? Take away the binoculars and give them technology so they can see on their screens where every aircraft is located.

“By doing this, we are going to greatly improve our safety in the system.” 

Technology, on the other hand, is not cheap, which the secretary acknowledged.

In an environment in which the Department of Government Efficiency is looking for ways to cut costs and save money, Duffy explained making upgrades in the name of safety is worth the investment.

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Over the next couple of weeks, Duffy said, he plans to introduce his plan to Congress and take in their feedback.

Once he goes through the feedback, Duffy said he plans to return to Congress and ask for the money up front to expedite the process of upgrading the air traffic control systems.

“It’s not that the FAA didn’t want to do the upgrades,” he said. “It just takes too long. So, they have to give us the money. We’re going to later lay out our plan to actually do it really quickly.”

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Contributor: Mahmoud Khalil's pro-Palestinian comments are protected speech, not grounds for deportation

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Contributor: Mahmoud Khalil's pro-Palestinian comments are protected speech, not grounds for deportation

I have been outspoken, including in the Los Angeles Times, about my concern about increasing antisemitism on college campuses. But the solution cannot be to deport those who express messages that President Trump, or anyone else, dislikes. Arresting and seeking to deport a Columbia University student for his speech activities clearly violates the 1st Amendment — and does nothing to combat antisemitism on campus.

On Saturday night, Mahmoud Khalil, a Columbia University student and Syrian national, was arrested in New York by federal immigration authorities. He is lawfully in the United States, possessing a green card. The only known basis for his apprehension is his having been a leader of pro-Palestinian demonstrations at Columbia last spring and allegedly to have said objectionable things about Israel and Zionists.

Trump was explicit in his posts on Truth Social that the arrest and planned deportation were entirely about Khalil’s speech. Trump wrote: “We know there are more students at Columbia and other Universities across the Country who have engaged in pro-terrorist, anti-Semitic, anti-American activity.” He said, “We will find, apprehend, and deport these terrorist sympathizers from our country — never to return again.”

This follows an executive order that called for revoking student visas for individuals suspected of sympathizing with Hamas. The White House said: “To all the resident aliens who joined in the pro-jihadist protests, we put you on notice: come 2025, we will find you, and we will deport you.”

On Monday, Trump declared that the action against Khalil is the first “of many to come.” Secretary of State Marco Rubio posted on social media that the government “will be revoking the visas and/or green cards of Hamas supporters.”

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Trump’s statements, his executive order and his actions against Khalil show a profound disregard of the 1st Amendment. All in the United States — citizen and noncitizen — have freedom of speech. No one can be punished under the law, including by deportation, for the ideas they express.

The Supreme Court long has stressed that the Constitution protects the ability to express views that many find deeply objectionable. It has declared, “If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the expression of an idea simply because society finds the idea offensive or disagreeable.”

Even if Khalil’s speech was hateful, and even if it was antisemitic, it was protected by the 1st Amendment. The Supreme Court repeatedly has made clear that hate speech is constitutionally protected and cannot be a basis for punishment by the government. In fact, even if Khalil voiced his support for Hamas, that, too, is an idea that can be expressed under the 1st Amendment. Speaking in favor of Hamas is not, by any stretch of the definition, material support for a terrorist organization.

Thus, even those who loathe what Khalil said should fervently defend his right to say it and oppose the Trump administration’s actions. Otherwise, the federal government would have the power to deem any view so objectionable that it could deport noncitizens expressing it. As I constantly explain to my students, the only way my speech will be safe tomorrow is to protect the speech that I detest today.

I recognize that criticisms of Israel, at times, have become antisemitic, using awful stereotypes about Jews. (It also must be stressed that criticism of Israel’s policies is no more antisemitic than it is anti-American to criticize the federal government’s policies.) When there is antisemitism on campus, schools have a duty to respond. But this must be achieved in a way that does not violate the 1st Amendment. Campus officials can condemn antisemitic expression. Schools can ensure that Jewish students are not harassed. There can be programs and trainings about antisemitism. But under the 1st Amendment, the solution must be more speech, not punishing expression.

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The arrest and deportation of Khalil followed a day after the Trump administration cut off $400 million to Columbia University because of its alleged failure to deal with antisemitism. This, too, is deeply disturbing. A school legally cannot and should not be held responsible for the views expressed by its students. Indeed, to punish the university for the speech that occurred there is, once again, a violation of the 1st Amendment. Cutting off $400 million without a semblance of due process is a blatantly illegal attempt to intimidate universities across the country.

While the actions of the Trump administration will greatly chill speech, they will not address the problem of antisemitism on campuses. My hope is that Jews, whether liberal or conservative, will say loudly: Do not do this in our name or to protect us. We know all too well how government power can be used against a minority group.

Erwin Chemerinsky, a contributing writer to Opinion, is dean of the UC Berkeley Law School. His latest book is “No Democracy Lasts Forever: How the Constitution Threatens the United States.”

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What Does a Shutdown Have to Do With the Budget or Elon Musk? Here’s a Guide.

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What Does a Shutdown Have to Do With the Budget or Elon Musk? Here’s a Guide.

Republicans in government are hard at work refashioning federal spending through three major efforts, proceeding along parallel tracks. They may seem to be all the same story — and they do relate to each other — but they each have their own goals, deadlines and constraints. Here, a guide to all three.

  • Potential changes: The bill would fund a portion of the budget — hundreds of billions of dollars — for the rest of the fiscal year.

  • Deadline: Saturday at 12:01 a.m.

  • Status: A House vote is scheduled for Tuesday.

If Congress doesn’t pass a bill to fund ongoing government programs by the end of Friday, there could be a shutdown.

Congress is supposed to pass yearlong spending bills before a fiscal year begins, through a process known as regular appropriations. That process often breaks down, so Congress frequently passes shorter-term spending bills every few months instead to keep the government funded. The latest such “continuing resolution” expires this week, and a new one, which would fund the government through the end of the fiscal year on Sept. 30, is on the table.

The appropriations process deals with only a portion of all federal spending — often called discretionary. It doesn’t affect “mandatory” programs like Social Security, which pay out benefits on a kind of autopilot, based on a formula. The resolution is also subject to a filibuster in the Senate, which means that at least seven Democrats will need to vote for it even if every Senate Republican supports it.

The current bill mostly allows the government to spend the same amount on most government agencies it has been spending all year, with a few key exceptions, including cuts to programs earmarked by lawmakers for their home districts, and an increase in military spending. Compared with last year’s funding, it reduces the amount allowed by around $7 billion — roughly 0.1 percent of the estimated $7 trillion in annual government spending.

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  • Potential changes: Trillions of dollars in changes to both tax revenue and spending, over 10 years.

  • Deadline: Oct. 1, or the process must start over.

  • Status: The budget resolution passed the House. The timing of next steps is unclear.

The House adopted a budget outline for what the government should spend and raise over the next decade. That budget is the very first part of a process that could help Republicans cut taxes and reshape large government programs. Republicans have chosen this route, known as reconciliation, so they can pass their policies without needing any Democratic votes in the Senate.

The reconciliation process still has many steps left to go. Republicans in the Senate would need to adopt a matching budget resolution, and many have expressed reservations about the House approach (the Senate has passed its own, smaller budget plan). Then both chambers will have to write and pass legislation that carries out the cuts and increases in spending outlined in the budget.

By design, budget reconciliation mostly addresses the parts of federal spending that are not part of the appropriations process. This includes mandatory programs like Medicare, Medicaid, food assistance, student loans and farm aid that get automatically funded unless Congress makes changes to their structure.

The budget adopted by the House would also allow tax cuts of around $4.5 trillion over a decade, partly offset by around $2 trillion in spending reductions. It also includes a few spending increases, for the military and border security. The combination could increase deficits by an estimated $3.4 trillion, including interest on federal debt.

Because the budget process affects a decade at a time, the numbers above are 10-year changes. That’s part of why they are so much larger than the numbers used to describe the continuing resolution, which covers only about half a year’s worth of spending.

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  • Potential changes: The stated goal is to cut around 15 percent of next year’s budget.

  • Deadline: That fiscal year ends in October 2027.

  • Status: The cuts from Mr. Musk’s team are continuing, with new layoffs and contract cancellations announced this week.

Mr. Musk, the billionaire entrepreneur, is leading his own effort to trim government spending, and it’s unclear exactly how it will come to intersect with the work of Congress. He has pledged to use a team called the Department of Government Efficiency to reduce federal spending by $1 trillion in the next fiscal year, an ambitious target that would be hard to achieve without legislation.

So far, Mr. Musk’s team has been directing agencies to fire workers and cancel government contracts, grants and leases. The majority of those changes affect the discretionary part of the budget — the smaller portion of government spending that Congress is also trying to address this week.

Mr. Musk and Congress seem to be clashing. The current continuing resolution mostly leaves agencies funded at their current level, and does not take account of the changes by Mr. Musk’s group. But there has been some discussion about codifying some of Mr. Musk’s cuts using a process called rescission.

The effort by his team has also mostly ignored the military, which makes up more than half of discretionary spending.

Some of the group’s changes could affect federal revenues, too. His team is enacting large staff reductions at the Internal Revenue Service, which collects taxes and investigates tax fraud. The Congressional Budget Office has estimated that a smaller I.R.S. staff generally means fewer taxes are collected.

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  • Potential changes: Without legislation, the U.S. could fail to pay its obligations and default.

  • Deadline: Sometime this summer.

  • Status: The Treasury Department is already using “extraordinary measures” to prevent a default for as long as possible.

As federal debt rises, Congress has to periodically pass legislation that allows the Treasury Department to keep issuing bonds. It’s unclear when the country will run out of options to prevent a default, but many budget experts believe it will be as soon as this summer.

If Congress fails to increase the debt limit, the country will begin defaulting on its debt, an action likely to have negative and cascading consequences for the U.S. economy. Payments to Social Security beneficiaries, medical providers and government workers could stop.

House Republicans have folded this increase in borrowing authority into their big budget bill. But if the reconciliation process isn’t finished in time, Congress may have to pass an increase to the debt limit some other way.

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