Steve Daines takes bold stand against methamphetamine

“The way I see it, heaven is a big, dark cave, and you can climb all over the walls and ceiling…”

I’m not going to sugarcoat it: American politics have come to a bitter pass, and what one voter holds dear is likely to enrage another. In these fractious times, Senator Steve Daines (R-MT) is doing what he can to bring the country together by standing up for what people still agree on. Last month, he celebrated Flag Day by proposing a constitutional amendment to ban the desecration of Old Glory. That probably cost him some votes in Tehran, but it seemed like a safe move otherwise. He followed it up with an editorial in the Missoulian and other Lee papers last week, in which he spoke out against methamphetamine. Beginning by noting that 95% of participants in his recent telephone town hall agree meth is a problem, he argues for 500 words that meth is, indeed, a problem. He concludes by saying that now is the time to raise awareness.

I suppose that last 5% of awareness is always the hardest. Still, one cannot help but think of other issues Sen. Daines might address, including the massive, secret, and extremely controversial health care bill his caucus is currently trying to ram through the senate. That bill might be why Daines keeps holding telephone town halls instead of regular ones. He hasn’t been back to Montana in a minute, and he lobbied to cancel the August recess. With all the flags-are-good and drugs-are-bad rhetoric coming out of his office right now, he’s starting to look like he might be trying to duck the issue. You can read all about it in this week’s column for the Missoula Independent. We’ll probably be talking about Daines more in the near future, since he introduced that single-payer amendment he doesn’t actually support. Start working on your goblin jokes, and we’ll meet back here tomorrow for Friday links.

Daines says flag is a symbol but burning it is not expression

Sen. Steve Daines (R-MT) at the roast of Green Goblin

Ours is a lively time for federal government. Just this morning, Republicans in the Senate released a health care bill they’ve been crafting for weeks. We’ve withdrawn from the Paris climate accords. According to the president, who is admittedly not a reliable source, the president is under investigation by special prosecutor. Now seems like a particularly thrilling moment to be a US senator. With a seat in that chamber, a person could shape history. In unrelated news, Sen. Steve Daines, Republican of Montana, has proposed a constitutional amendment to prohibit flag burning.

On Flag Day, his office issued a press release touting his plan to “give Congress the authority to prohibit burning of the American flag.” It included approving reactions form the Montana Veterans of Foreign Wars, the American Legion on behalf of the Citizens Flag Alliance and, on the left, prominent American civil rights lawyer Alan Dershowitz the American Legion of Montana. Although the amendment looks like a slam dunk among Eisenhower-era social organizations, its reception in the press was more mixed. Here’s Jesse Chaney of the Helena Independent Record, on the campaign’s opinion about whether this isn’t the first restriction on free expression in American history:

Daines’ staff said the senator does not consider flag desecration to be a form of peaceful expression. They said his amendment would not limit anyone’s right to expression, but [would] distinguish flag desecration as conduct not protected by the Constitution. The senator’s staff noted that Congress already bans many other forms of conduct through criminal law.

I checked with a lawyer, and that last part is right: criminal law does ban many forms of conduct. But all expression is a form of conduct. It’s a subcategory. Daines’s argument is like saying, “That’s not a square; it’s a rhombus.” What distinguishes expression as a particular type of conduct is its symbolic meaning. Speaking aloud is conduct, but it is the symbolic content of the noise that we endeavor to keep free. And Sen. Daines himself calls the flag a symbol twice in the second paragraph of his press release. Quote:

The American flag has been a symbol of hope and freedom for centuries and ought to be respected. Our nation’s flag must be set apart as a protected symbol worthy of honor.

It’s almost like his argument has no underlying logical framework at all. Maybe it sounds better in the original Goblish. You can read many such cheap cracks and appeals to internal coherence in this week’s column for the Missoula Independent.

We will not be back tomorrow with Friday links. We will be driving to a wedding in Washington state, and the following week we’ll be in New York City with our girlfriend. There will be no Combat! blog from Monday, June 26th through Wednesday, July 5th, so that I can work on the goddamn novel and still have time to see the sights. Is this the longest vacation Combat! blog has taken in its nine-year tradition of existence? Yes it is. Will we all be okay? Probably. What am I, a futurologist?

Daines ducks constituents, complains too few in DC drive pickup trucks

US Senator from Montana and convicted goblin Steve Daines

Steve Daines’s first six weeks as a senator have not been easy. He happened to be presiding over the confirmation hearings for Attorney General Jeff Sessions last month, when Majority Leader Mitch McConnell instructed him to gavel down Sen. Elizabeth Warren (D-MA). That got him on the news. Then he cast the deciding vote to confirm Secretary of Education Betsy DeVos, despite calls to recuse himself after she gave $48,000 to his campaign. Last week, he came home.

He was supposed to address the state legislature last Tuesday, but a crowd of protestors that gathered at the capitol caused him to reschedule at the last minute. He spoke to the legislature Wednesday, after protestors had safely gone home. The very next day, he went on Twitter. “Montanans can do a better job than D.C. bureaucrats who’ve never driven a pick-up and have a hard time finding Montana on a map,” he wrote.

Root toot ‘merca truck, you guys. This kind of pandering was my least favorite thing growing up in Iowa, where the performance of hick-ness was integral to public life. But the politicians of Montana take it to new heights. The day after Daines complained that the failure of bureaucrats to drive trucks left them unable to operate the US federal government, he posted a video from Big Sandy, in which he claimed to be “getting all over Montana” to talk to his constituents.

The senator didn’t have to drive the back roads to find constituents; they had come to him 48 hours earlier, and he contorted his schedule to avoid speaking to them. Daines has never been a dynamic public speaker. Although he gets +1 to night vision and can be dangerous in groups, his main political advantage is that he is a party man. If you need someone to do what his superiors in the GOP say, Daines is your boy. It is therefore distasteful for him to pretend that he is some salt-of-the-earth type fed up with Washington, DC. You can read all about it in this week’s column for the Missoula Independent, in which we speculate on his truck-drivin’ bona fides and his life as a freshman in the senate dorms. We’ll be back tomorrow with Friday links!

Why bother silencing Elizabeth Warren?

Yesterday, as the Senate heard testimony regarding the almost certain appointment of Sen. Jeff Sessions (R–AL) to the position of attorney general, a weird scuffle erupted between Sen. Elizabeth Warren (D-MA) and Majority Leader Mitch McConnell (R–Home for Orphan Turtles.) Warren was attempting to read a 1986 letter from Coretta Scott King, wife of Martin Luther King, that accused Sessions of using “the awesome powers of his office in a shabby attempt to intimidate and frighten elderly black voters” when he was US attorney for the Southern District of Alabama. McConnell moved to silence Warren under Rule XIX, which forbids senators from “ascribing to another senator…any conduct or motive unworthy or unbecoming a senator” during debate. Here’s a video:

In this scene, the role of Frightened Lackey is played by Montana’s own Sen. Steve Daines, who looks like he has either eaten bad fish or does not want to adjudicate a rules dispute involving the leader of his caucus. Daines sided with McConnell, of course, and Republicans voted to formally silence Warren. Three questions seem relevant here:

  1. Does Rule XIX apply to quoted material? It was not Warren who ascribed to Sessions conduct unbecoming a senator, but rather Mrs. King, whose words Warren read. This might seem like a distinction without difference, but imagine if the Senate were conducting, say, a bribery investigation into one of its members. Would an affidavit from someone who claimed to have paid that senator a bribe violate Rule XIX, if it were read aloud by another senator?
  2. How is the Senate supposed to conduct a confirmation hearing regarding one of its own members without violating Rule XIX? Warren didn’t bring up this letter in a debate about farm subsidies. It speaks to Sessions’s fitness for office, and any debate on that subject is likely to impugn his motives or conduct at some point. At the moment the Senate begins to debate Sessions’s appointment as attorney general, he ceases to become a senator and becomes a candidate for that office. As a senator, he doesn’t get to participate in his own confirmation hearings. Why should he enjoy the other privileges of a senator in that context?
  3. So are Republicans just trying to make Warren’s career, or what?

In another world, Warren spends the next four years slipping from the national spotlight, as Republican control of all known branches of government denies her the forum to publicly grill bankers in the ways that have made her a progressive hero. Or they could martyr her. McConnell seems committed to the second course, even going so far as to furnish a title for her memoir by complaining that “she was warned. She was given an explanation. Nevertheless, she persisted.” This approach seems less than tactically astute. Sessions is going to be attorney general. If Betsy DeVos proved anything, it’s that none of Trump’s appointments will go unconfirmed. So why not let Warren read King’s letter to a mostly empty chamber and a couple thousand viewers on C-SPAN?

Instead, he contributed to her reel. As of this writing, the video of McConnell silencing Warren featured in this post has 350,000 views. That’s just this version; there are a dozen more on YouTube and floating around the internet. Is the majority leader really foolish enough to make a spectacle of Warren’s censure, when the action itself accomplishes so little?

Apparently, he is. The explanation that he is intentionally making Warren the face of the progressive Democratic Party, in the hopes that she will overplay her hand and tarnish that brand in the future, seems a little too 3-D chess to be plausible. Remember the poker player’s rule: don’t assume intelligence. It seems like McConnell has blundered here, possibly because there are no longer any checks on his power. This silver lining is itself mostly dark cloud, but perhaps Republicans will keep overplaying their hands.

Daines, Zinke decry president’s “unconstitutional gun grab”

Rep. Ryan Zinke (R–MT) grabs a gun constitutionally.

Rep. Ryan Zinke (R–MT) grabs a gun constitutionally.

You don’t need to print the American flag on an AR-15. If you’re holding one—indoors, with your finger on the trigger, as former Navy SEAL and current representative from Montana Ryan Zinke is well trained to do above—people will know you’re American. Guns are an essential part of the American experiment. They’re what separated us from Britain in the 18th century, and they’re what separates a new generation of Americans from their faces in the 21st. The Second Amendment guarantees that we all get as many as we want. And despite juridical and popular disagreement over what the authors of the Constitution meant by “well-regulated militia,” I think we can agree it’s unconstitutional to regulate guns at all.

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