Winning for Missouri: More Like the Mugging of Missouri 

One last shot at Amendment 2 before next Tuesday’s vote on it. And a warning that this amendment might have far-reaching results that have gone unnoticed.

Unfortunately, these considerations are being offered to late to be circulated enough to make a difference. But let’s put the issues on the record. Or at least, this person’s perspective.  Disagreements are welcome in the box at the end of this entry. We’ll talk about the casino industry’s efforts and we’ll discuss some sports teams questionable claims late in this post.

A key part of the proposed amendment is the sports wagering tax rate—10% —a back door tax cut of about 25% for all forms of gambling.

And here we must note that later we will discuss a clause in the proposed amendment that can lead to later mischief that will further disadvantage the state and its people.

The industry-supported legislation has never defined sports wagering as a special category.is listed as just another kind of game of skill.  In the lengthy list of those allowable games, it has been inserted after “Double down stud” or “any video representation of such games.”

It is that last clause that nobody has talked about.  But it’s important for future developments in the casino industry.  Here’s why.

People are not going to casinos as they once did.  The generation that has spent hours at the slot machines and the tables is dying off. Admissions are almost half what they were a dozen years ago or so.  As this trend continues, the casino industry must find ways to get customers to play these games. If they won’t go to the casinos, the casinos must—in effect—take the games to the consumers. This amendment is a template for later proposals to expand remote wagering to other forms of gambling.

This amendment legalizes remote betting in our casinos for the first time. Some of our casinos already have tested a version of remote gaming within the casinos, calling it “hybrid gaming.” In those casinos, customers who can’t find room at their favorite gaming table have gone to a nearby computer terminal, have set up their account, and have placed bets at the table as if they were there.

The tests haven’t generated much revenue. But the system has been tested.  No matter what the industry calls it, whether it’s fifty feet from the table or fifty miles from the sportsbook, it’s remote wagering. Don’t be surprised if casinos become more involved with it.  And that phrase is going into the constitution if voters approve Amendment Two.

We are not sure if that phrase in the amendment will mean casinos can offer remote betting on table games and slot machines without more legislative action. But it would not be in the proposal if the industry did not have a reason for it being there.

The Casino industry cleverly set the parameters for the discussion of sports wagering early:

—We can’t do sports wagering at 21% (the rate the state established more than three decades ago for table games and slot machines (incidentally, about 85% of casino revenues come from the slots).

—Sports wagering is different from other forms of gambling and needs special treatment.

Neither statement is true.

The industry has consistently claimed sports wagering is unique and requires its own special betting area and its own special tax rate, the latter reason justified differently year-to-year in bills introduced in the legislature.  The first bills proposed a tax rate of 6.25% (the lowest in the nation), 6.75% (the present low), 8%, and 10%.  The industry has seemed to have trouble sticking to its story when advocating a tax rate of less than 21%.

A couple of years ago the Senate tried to make the rate 12% and there was talk that the casinos would compromise on 15% because it was the average of the states around us.  We’ll get to that in a little bit.

The truth is that sports wagering is just another item on the gambling menu and its presence on that list supports that point. But the casinos have tried to get the legislature to believe it is special. And they want voters in a few days to believe it, too, so they can get a cut in overall tax rates (by our calculation) of about 25%.

The industry has never produced any independent studies in any legislative hearing we have attended, to justify the claim that sports wagering is a fragile flower needing lots of TLC, including the low tax. None of the pro-amendment advertising has offered any justification for it either.  And the voters, who understandably don’t closely follow the policy-making, or lack of it, by the legislature are left to make decisions based on thirty-second television commercials of questionable verity.

One industry argument has been that casinos will spend a lot of money establishing a unique area where the sports wagering can take place, an argument that falls apart because all forms of gambling have THEIR unique betting areas.  It’s why you can’t roll dice at a blackjack table. You can’t play poker at the roulette wheel table. You can’t play craps at the poker table and you can’t bet on where the ball will land on the big wheel at the Texas Hold ‘Em table.

There is nothing inherently unique in sports betting, regardless of industry claims. It operates the same way as other forms of wagering.  The consumer has money; the casinos have a system that will take all of it through time. The player at the poker table places a bet. So does a bettor in the sports betting area. The casino processes the bets, paying the winners and keeping the losers’ money. At the end of the day, the casino proceeds go into the same bank account with the proceeds from table games and slot machines.

Every year, the industry seems to have changed its justification for a sweetheart tax rate, raising a simple question that should been asked but never was: “How can the industry’s claims be trusted if it cannot stick to its own story?

In 2019, the industry demanded a 6.75% rate because “that’s what they charge in Las Vegas.”  A quick review of the Nevada gaming laws showed something the industry avoided telling our lawmakers: that 6.75% ALL forms of gambling in Nevada.  The industry also neglected to tell the legislators that the Nevada gaming law allows no deductions and no carryovers of casino losses from one month to the next, as is proposed in Amendment 2.  It was pointed out that the Nevada template would mean that Missouri would have two choices: either lower its present tax rate to 6.75 so all forms of gambling would be treated uniformly or to charge sports wagering a 21% tax.

Here are other reasons offered for a low tax rate:

—The casinos need to keep the extra money to properly promote and advertise this unique form of gambling. A representative of Penn National Gaming told a House committee in 2022 that a higher tax would hinder Missouri’s ability to compete with illegal gaming sites. He said, “When you are able to spend more in marketing, you are able to drive more in volume and revenues.”

The position of the industry that money should be taken away from the education fund and from home dock cities to subsidize promotions and advertising was questionable when the industry was generating revenues of about $1.7 billion at the time. Wouldn’t you think the industry should pay for its own promotions and advertising?

A critic argued that there is no reason the state should subsidize advertising for an industry of that size by reducing funding for the school systems and home dock cities (ten percent of the gaming tax goes to the thirteen host cities of Missouri’s casinos).  Additionally, major betting companies already were advertising on professional sports broadcasts and have stepped up their advertising since.

The proposal for using money traditionally earmarked for the education fund to publicize and promote sports wagering included no accountability language that would have required casinos to show the money actually had been used as proposed instead of just pocketed.

They also claimed the money not given the state in taxes was needed to convince Missourians to quit using illegal betting sites.  We’ll touch on that a little bit later.

—The casinos originally claimed the house advantage in sports wagering is “only” four percent (in 2023 the industry testified it was five percent).  But a study done for the UNLV Center for Gaming Research indicates that four percent is higher than most popular table games, sometimes double or more, and the industry has never asked for a favorable tax rate for table games.

In truth, the house advantage for sports wagering is more than four or even five percent, as the casino industry has claimed in some later legislative committee hearings. The website legalsportsreport.com charts statistics month-by-month in every state from the first month sports wagers were made in that state. As of last Sunday night, the webpage calculated $408-Billion dollars had been wagered in states allowing casino gambling on sports. The casino advantage worked out to 8.6%, more than double what the industry told legislators, and adding up to $35.1 Billion dollars.

Delaware, which has the highest tax on casino revenues, had the highest house advantage—25.1 to 46.5.  Delaware taxes casinos at a 50% and we’ve not heard any organized opposition to it.

Another excuse has been that Missouri needs a low tax rate to compete with surrounding states. Kansas is at 10. Iowa’s rate on casino earnings is 6.75, and according to an industry spokesperson. Missouri needs to have a low tax to keep Missourians from going to another state to place their sports bets.

The industry has presented no independent studies indicating casino customers care about the amount of taxes the casinos pay. In reality, the so-called competition rests on a simple question: Does Missouri have legal sports wagering? If Missouri legalizes it, Missourians presumably will place bets here because they don’t have go to some other state.

The industry also claimed it needs to have a much lower tax so it can pay for building sportsbook facilities within the casinos. If ninety percent or more of sports wagering will be done remotely, there’s not much reason for an elaborate sportsbook.  And, besides, building a sports betting facility in a casino should be considered a normal business expense with its own tax implications at the end of the business year.

This amendment has been called a “compromise between the stakeholders”—the six professional sports teams, the casino industry, and the remote betting industry” by St. Louis Cardinals president Bill DeWitt III.

But there are far more stakeholders than that. None of their representatives were invited to work on this “compromise.” Where were representatives of public education, host cities, veterans, the Access Missouri Scholarship Program, the National Guard program that provides veterans’ funeral escorts, people who develop gambling problems (we have seen several studies indicating those problems will triple with sports wagering), or even the Missouri Gaming Commission?

Here’s an answer: They were not invited because they were not considered participants in drafting gambling policy. Instead, they are industry targets whose only usefulness is based on how much money the industry can take from them or keep from programs benefitting them.

There’s one more stakeholder. The legislature, hired by the citizens to protect their interests. But the legislature has been MIA in protecting its constituents. The “compromise” is not a compromise at all.  It was, instead, an agreement to have the legislature give each of the stakeholders what they want. When the legislature fumbled several chances to satisfy the teams and the casinos, Amendment 2 was created.

It’s important as we reach the conclusion of these discussions to ask, “How did we reach this point?”

One reason this issue is on the ballot is that the legislature refused to resolve a competing issue—the legality of the gambling machines in many of our convenience stores, Video Lottery Terminals.

Supporters of video lottery terminals, while professing that they are legal, want the legislature to make them legal. The casinos see them as competing for their slot machine revenues and have not allowed an up-or-down vote on the VLT bills.  Supporters of the VLTs have filibustered the sports wagering legislation, demanding VLT legalization legislation be part of any sports wagering measure. The stalemate, especially in the Senate, has been a key factor in the pretty disgraceful deadlocks there that have resulted in historically-low levels of bill passage during the last three sessions.

The legislature lacked the courage in the face of extensive and aggressive lobbying by the casino industry to establish policies protecting the state’s interests and year after year considered the industry proposals without question. Only once that I recall did I hear a legislative committee member seriously press the chief industry lobbyist on some of these issues—Senator Denny Hoskins who was the leader in the unsuccessful efforts to legalize VLTs—was told he was out of time before he had finished his questioning. The replies he had received were vague at best.

A couple of years ago, I talked to the sponsor of a bill raising the tax rate to ten percent. A year earlier he had sponsored the industry’s bill that set the rate at eight percent. “What’s magical about ten percent?” I asked. “Last year it was only eight.”

He responded, “I figured that if ten was good enough for Jesus it was good enough for me.”

I was stunned for a second or two, and when I recovered my composure, I asked, “Jesus had twelve disciples not ten.  Can I get you up to 12?”

All I got in response was a smirk.

I found his responses to my questions arrogant, disrespectful, and dismissive. While I would not use the same phrases to characterize those who have advocated for this legislation, I think it is accurate to say there has been a certain confidence on their part that no outside opinions would be tolerated in the annual legalization efforts.

The legislature’s refusal to challenge industry-backed bills year after year is an indication of who has been in charge of things in the Capitol on this issue. Its inability to deliver what the industry—and in the last few years, the pro sports teams—wanted means the issue is likely to be put into the Missouri Constitution next week and the legislature will not be able to change things to protect the interests of the people of Missouri very easily.

I expect the mugging of Missouri and its people to succeed next Tuesday.  And we can thank a few generations of the people we think represent us at the Capitol for aiding and abetting it through their inaction.

 

 

The Mugging of Missouri—Preview (and a correction**)

The Missouri Gaming Commission has released its report for Fiscal Year 2023-2024. Your careful observer will be spending a few days updating his statistical tables while at the same time researching material for a speech at the Missouri River Regional Library on October 8th that will celebrate the 250th anniversary of the document that created this nation (no, it wasn’t the Declaration of Independence but I will be referring to two words in the Declaration as well as some words spoken in Washington four score and seven years later).

But when we return to the topic, we will show you why Amendment 2 not only represents a mugging of our public education system, but how it also deepens the decades of the casino industry’s mugging of our veterans nursing home program and their own host cities.

***We have corrected a paragraph in our previous post on Amendment 2 in which we addressed Highway Patrol security at casinos and said the casinos do not reimburse the gaming commission for those expenses.  We have corrected that paragraph to read:

The Highway Patrol provides security officers at our casinos. In the original version of this post, we reported the casinos do not reimburse the state for the costs of that security. We were incorrect. The annual report for FY2023-24, which became available to us after the original publication of this review, shows the casinos reimbursed the gaming commission $15.4 million for enforcement, a category that not only includes watching out for unlawful activity on the gaming floor but also includes investigations of those seeking various licenses connected to casino gambling.

We will continue to review our posts on this subject. It is not our intent to mislead our readers as we cast a critical eye at the claims of the industry and its allied professional sports teams.

Feel free to circulate these observations to friends, education groups, local newspapers, veterans groups, and your state legislators and/or candidates.  And don’t be afraid to react in the box at the end of our entries. We enjoy hearing from our participants in these public dialogues.

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Winning for Education is a Loser for Education—(updated to include corrected information regarding enforcement of gaming laws)

—and for everybody but our casinos and our pro sports teams.

After watching an wholesome young woman, who describes herself in a commercial as a mother and a former teacher, tell me that approval of Amendment 2 in November (Sports Wagering) will mean millions of dollars for our public schools, I stopped by the State Auditor’s office to get some information that would tell me if the commercial is true.

I wanted the truth because my experience is that the casino industry and the sports teams pushing to legalize sports wagering have not been shooting straight for years with the legislature and now they are not shooting straight with us, the voters.

When a court ruling recently allowed the amendment to be on the November ballot, spokesman Jack Cardetti with Winning for Education, the misleadingly named organization campaigning for voter approval, proclaimed the decision a “big victory” that will “provide tens of millions in permanent, dedicated funding each year for our public schools.”  And he sounded the long-spoken mantra of the movement that approval would end Missourians going to other states for sports betting “which deprives our Missouri public schools of much-needed funding. A vote for Amendment 2 will bring those dollars back to Missouri classrooms.”

The fiscal note, as the document is called, tells a far different story about Amendment 2, the way it is written and the situations it creates. And it suggests the claim that approval would provide “tens of millions in permanent dedicated funding” for education is much less than fully true.

Your faithful observer has opposed the sports wagering bills in the legislature for several years, not because he opposes casinos (that issue was settled in 1992) or sports wagering. I have no use for them, but I have friends who lose as much money in an evening at a casino as I will spend treating Nancy to dinner and a movie or something like that. I leave the moral judgments on these issues to others. I am opposed, however, to casino and sports teams masquerading their multi-million dollar money-grabs as great benefits to the state, particularly to education which the fiscal note states clearly is not the case.

Those two industries will write as many checks as they need to, to sell the idea that sports wagering will make the state financially better off.   Far from it, as I hope you will learn today as we review the fiscal note for Amendment 2.

Let us start with something not in the fiscal note. Casinos will pay a 10% tax on revenues from sports wagering if Amendment 2 passes. Revenues from the two forms of gambling we have now—slots and table games—are taxed at 21%. The amendment, therefore, proposes an AVERAGE tax rate for all forms of gambling of 15.5%.

That’s right. Vote for Amendment 2 and you are voting to give the $1.9 Billion casino industry that plans to grow by hundreds of millions more an overall 25% tax cut. We will return to this issue later.

The Auditor, in assembling the fiscal note, asked a long list of state agencies to determine if the proposal has a monetary impact on them, positive or negative. Most say it won’t affect them but the Department of Revenue, which collects taxes from you, me, sports teams, and casinos, concludes after a lengthy division-by-division assessment:

“The Department of Revenue assumes this IP will not generate any revenue to the state.”

(“IP” refers to the initiative petition.) Then, the fiscal note details why it won’t.

Although the teams and the casinos will claim great financial benefits for the state, the department points out that Amendment 2 does not give the Revenue Department any power to COLLECT any taxes or fees. While the Gaming Commission is authorized to issue licenses for mobile betting companies, it is not authorized to COLLECT any of those fees. “It appears these retail license fees will not generate any revenue to the state, the Commission, or to the Compulsive Gaming Prevention Fund,” says the assessment of licensing fees, a phrasing used two other times on two other issues.

While the proposed amendment sets a ten percent tax on sports wagering revenues, says the fiscal note, it does not require casinos to pay it. “Without the identification of an agency to collect the tax, no tax can be collected,” says the study.

The Highway Patrol provides security officers at our casinos. In the original version of this post, we reported the casinos do not reimburse the state for the costs of that security. We were incorrect. The annual report for FY2023-24, which became available to us after the original publication of this review, shows the casinos reimbursed the gaming commission $15.4 million for enforcement, a category that not only includes watching out for unlawful activity on the gaming floor but also includes investigations of those seeking various licenses connected to casino gambling.

The department estimates initial costs of additional staff will be more than $1.6 million with ongoing costs of more than $1.2 million, with those moneys paid out of the state gaming fund, again, lowering the amount available to education. However, as noted by the Revenue Department, there is no power for the department to collect those funds from the casinos.

The Missouri Gaming Commission, which told me earlier this year was short 23 people already and is stretched thin just keeping up with contemporary responsibilities, estimates it will need to hire fifteen new people just to regulate sports wagering. The total cost of their salaries, benefits, and expenses is put at almost four million dollars a year and increasing in future years with salary and benefits increases.

Now, let’s do some simple math. The gaming commission estimates it will collect $11.75 million in licensing fees in the first year. Licenses last five years so there would be little or no revenue for the next three years until renewals would produce a new revenue stream.  After the commission takes out its costs, the amendment requires ten percent of the revenues or five-million dollars a year go into the Compulsive Gambling Prevention Fund.

Here’s some more simple math:  The Gaming Commission estimates casino taxable revenues, before any deductions, could total $1,044,684,610.20 in the first five years. That’s Billion.

At ten percent, the state could receive $104,468,461.02 during that time.  If that amount were taxed at the same rate Missouri taxes slot machine and table game revenues (21%), the state would realize $219,383,768.14 before casino deductions allowed in the amendment.

So Cardetti is correct.  Education will get tens of millions of dollars—-$104.5 million in the first five years.   But our schools would receive $219.3 million if sports wagering was taxed at the same rate charged slot machines and table games. To bring this down to a more easily-grasped situation:  If someone were to offer to give you $10,500 if you gave them $21,900, would you take that deal? Supporters of Amendment 2 hope you will.

There is no reason Missourians should accept a ten percent tax on sports wagering. Fourteen states have gaming taxes of more than the proposed ten percent including neighboring states of  Illinois (20-40), Arkansas (13-20), and Nebraska (20). Three states tax sports wagering at 50-51% (Delaware, New Hampshire, and Rhode Island). Pickswise.com says the national average is 19%.

While the commission calculates the $104.5 million in taxes that the state might get in the next five years “may be sufficient to cover the Missouri Gaming commission costs to license and regulate sports wagering,” there is a major caveat.  The calculations “are uncertain based on the inclusion of a deduction for ‘any federal tax’ with no corresponding definition or explanation as to what that would include.”  Such a deduction, and others allowed in the proposal, can significantly cut revenues to the state.

Long story short: “There is concern that the licensing fees will not cover the expenses of the Missouri Gaming Commission…during the years in which licensing fees and renewals are not collected (i.e. years two, three, and four,” says the Revenue Department. On top of that is the failure of the proposal to state where those fees would be deposited.  Also not clear is how that money will be disbursed if and when it is collected and deposited.

The Commission now has no limits on fines for sports wagering operators for violations of the laws and rules.  The proposed amendment limits those penalties. Bad idea, says the commission.  Casinos, of course, think it’s just swell.

And getting back to that $104.5 million for education. The proposition says tax revenue will go to elementary and secondary education only after the Commission takes out its “reasonable expenses” plus another five-million dollars for the gambler’s fund. In years when little or no renewal or licensing fees are collected, the MGC will have to dip into the tax funds that would otherwise go to the schools to pay its bills and to put that five-million dollars aside for the problem gamblers fund—which the gaming commission would oversee, although it thinks the Department of Mental Health would do a better job. So, in years two, three, and four, the tens of millions for education will be reduced by some, or several, tens.

Now, here is the capper.

All of these calculations of state revenues are completely uncertain—

—because this proposition, for the first time, allows casinos to deduct a lot of money from the revenues that are taxed.  So in addition to a sports wagering tax rate that is less than half the rate on other forms of gambling and creates a 25% cut in the overall gambling tax rate, the casinos want voters to approve a system that lessens the amount that can be taxed and, in fact, will allow casinos to pay NO tax, perhaps for months at a time.

If you want to know what that could mean, says the Gaming Commission, look at Kansas.

In February 2023, Kansans wagered more than $194 million in sports bets. The state, however, received $1,134 in state tax revenue due to language permitting operators to deduct free play or promotional credits before assessing their state taxes.  Some operators had not paid any state taxes through the first quarter of 2023 due to the deductions they were permitted to claim.

February, folks.  That’s Super Bowl month when a lot of Missourians (according to the casino industry) went to Kansas to bet.  And the state of Kansas—with provisions similar to those the casinos want to enact in Missouri—was paid only $1,134 dollars in taxes on $194 million in bets.

It could happen here because the proposed amendment allows a casino whose accountants calculate losses for one month to carry over the loss to the next month’s calculations, leading the Commission to conclude, “The totality of the deductions…will result in sports wagering licensees showing negative adjusted gross revenues and therefore paying no sports wagering tax…The carryover provisions…would further impact the ability of the Commission to meet its reasonable expenses and further impact or eliminate contributions to the Compulsive Gambling Fund and education in the state of Missouri.”

Read that again—Provisions of this proposed amendment might NOT put millions into our education system at all.  Instead, they could “impact or eliminate” contributions to our schools.

So—the basic question for the people of Missouri is this: Who is being honest with you?  Is it the Department of Revenue and the Missouri Gaming Commission, or is it an industry that flourishes because its games are guaranteed to take all of your money sooner or later?

And the casinos want to keep it all. The records show that the gaming industry will not leave a penny behind in Missouri that the people and the state do not force it by law—not written by the gaming industry—to leave.

The proposition that the attractive mother and former school teacher wants you to think will be wonderful for our schools is a shell game without a pea.

And believe it or not, this is only part of the story.  There is more.  And it’s equally bad, if not worse—especially if you are a veteran and if your city has a casino in it.

We’ll get to that later.

If you want to read the entire fiscal note, ask the State Auditor’s office to send you fiscal note 24-160.

Some of you might be much more sophisticated mathematicians than I am.  Please let me know if there are unwarranted or even plain erroneous assumptions in any of the statistics quoted here. I would note, however, that they are based on the State Auditor’s fiscal note for Amendment 2. If necessary, corrections will be made in this entry and a future entry will ask readers to go back and note the corrections.

Just the Facts. Part Two 

The Democrats wrapped up last week the most creative and glitzy convention we can recall—by far. It was a convention in which the delegates seemed genuinely to be having fun that transcended the usual partisan enjoyment of a convention.

Monday, we relied on CNN fact-checker Daniel Dale and his staff, who evaluated the presidential debate in July, to point out the untruths that were spoken each night of the Republican National Convention.

Today we look at the work done by Dale and his staff in evaluating the Democratic National Convention. This entry will be shorter than Monday’s entry, not because there were no untruths of various degrees spoken at the DNC—-because there were—-but because there were fewer of them during the DNC, in good part because the Democrats have no match for the one-person nonstop generator of nonstop lies that the Republicans had.

But we are posting these evaluations because the personal discussions we have with others in the 70 days or so before the election are likely to rely on what was said during the political conventions.

Again, we offer these entries because words are cheap on both sides, because political commercials are more manipulative than they are honest, and because we hope this can be a reference for you in stating our own statements honestly and questioning honestly the statements of others.

And once again we remind you that The Washington Post and FactCheck.org (which is based at the Annenberg School for Communication Trust at the University of Pennsylvania), Politifact (part of the Poynter Institute which has a truth-o-meter than goes from zero to “Pants on Fire”), The Associated Press which has a webpage at Fact Check: Political & News Fact  Check, are among other fact checkers not only for politics but in some cases for other issues.

DEMOCRATS, FIRST NIGHT:

Democratic state and federal officeholders, including President Joe Biden, delivered some false, misleading or lacking-key-context claims on the first night of the Democratic National Convention on Monday.

Biden repeated misleading claims he has made in previous speeches about billionaires’ tax rates and foreign trade. He also overstated the extent to which his efforts to fight climate change are expected to reduce US carbon emissions in the next decade. He made an outdated claim about the number of Americans with health insurance. And he omitted key context about his administration’s infrastructure-building efforts, framing distant goals as if they were already achievements.

Speaking earlier in the night, Sen. Dick Durbin of Illinois denounced former President Donald Trump for having presided over a loss of jobs without mentioning the critical context that the losses occurred because of the Covid-19 pandemic that caused a global economic crash. A video played at the convention similarly left out important context on the respective job-related records of the Trump and Biden-Harris administrations.

Michigan state Sen. Mallory McMorrow falsely claimed that the Supreme Court has made Trump “completely immune from prosecution,” significantly overstating the court’s recent ruling.

And Rep. Robert Garcia of California misleadingly described Trump’s widely criticized 2020 comments about the possibility of scientists studying the use of injected disinfectant as a Covid-19 treatment, wrongly saying Trump had instructed Americans to inject bleach.

Here is a CNN fact check of these claims and some other remarks made on Monday.

Biden on taxing billionaires

During his speech, Biden asked the audience if they knew what the average billionaire in the United States pays in taxes.

“We have a thousand billionaires in America. You know what the average tax rate they pay? 8.2%,” Biden said.

Facts FirstBiden used this figure in a way that was misleading. As in previous remarks, including his State of the Union address in March, Biden didn’t explain that the figure is the product of an alternative calculation, from economists in his own administration, that factors in unrealized capital gains that are not treated as taxable income under federal law.

There’s nothing inherently wrong with the alternative calculation itself; the administration economists who came up with it explained it in detail on the White House website in 2021. Biden, however, has tended to cite the figure without any context about what it is and isn’t, leaving open the impression that he was talking about what these billionaires pay under current law.

So, what do billionaires actually pay under current law? The answer is not publicly known, but experts say it’s clearly more than 8%.

“Biden’s numbers are way too low,” Howard Gleckman, senior fellow at the Urban-Brookings Tax Policy Center at the Urban Institute think tank, told CNN in 2023. Gleckman said that in 2019, University of California, Berkeley, economists Emmanuel Saez and Gabriel Zucman “estimated the top 400 households paid an average effective tax rate of about 23% in 2018. They got a lot of attention at the time because that rate was lower than the average rate of 24% for the bottom half of the income distribution. But it still was way more than 2 or 3,” numbers Biden has used in some previous speeches, “or even 8%.”

In February 2024, Gleckman provided additional calculations from the Tax Policy Center. The center found that the top 0.1% of households paid an average effective federal tax rate of about 30.3% in 2020, including an average income tax rate of 24.3%.

From CNN’s Daniel Dale

Biden on carbon emissions

Speaking about his achievements on climate, Biden said his agenda made possible “cutting carbon emissions in half by 2030.”

Facts First: Independent analysis shows the US is off-track to meet an ambitious goal Biden set early in his administration of slashing US carbon emissions in half by 2030 – even with his climate law.

Biden’s climate target of cutting emissions 50-52% below 2005 levels (2005 was the historical peak for US carbon emissions) by 2030 was always going to be a tough goal to achieve. When the Inflation Reduction Act passed in 2022, analysis suggested it would get the US most of the way toward its goal – about a 40% reduction in carbon emissions. The thinking was that regulations from agencies like the Environmental Protection Agency would help make up the rest of the goal.

But a recent analysis from the nonpartisan Rhodium Group found that the US isn’t on track to hit Biden’s goal of slashing US emissions in half by 2030. Rhodium estimates the US is currently on track to reduce emissions anywhere from 32-43% by that date. However, the report says the US could surpass Biden’s goal by 2035 if there are no major changes to current policies, finding that the US would likely pick up the pace of decarbonizing its transportation, power and heavy industry sectors in the 2030s compared to the 2020s.

One big impediment to Biden’s goal is the fact that the EPA’s marquee climate rules regulating emissions from vehicles and power plants are facing an onslaught of legal challenges and a skeptical US Supreme Court. And an even bigger question mark is the 2024 election and whether Biden will be replaced by another Democrat with similar climate ambitions or former President Donald Trump – who has vowed to reverse much of Biden’s climate agenda.

From CNN’s Ella Nilsen

Biden’s claim about removing lead pipes from schools and homes

Biden, speaking about his bipartisan infrastructure law, said: “We’re removing every lead pipe from schools and homes, so every child can drink clean water.”

Facts First: This claim needs context. While the administration is spending $15 billion and working on federal regulations to remove all lead pipes from public drinking water systems over a decade, they may not be able to replace all pipes and service lines on private properties.

Lead drinking pipes can be found all over the country; some national estimates say the total number of lead service lines is around 9.2 million. Lead in drinking water is a major health concern for babies and young children, and Biden has made eradicating it a major priority. The Biden EPA proposed a major rule that, if finalized, would compel water utilities to gradually get rid of 100% of their lead pipes and service lines over 10 years.

The EPA estimates this effort will cost utilities $20 billion to $30 billion over that decade; $15 billion of that could be covered by the bipartisan infrastructure law, and there is an additional $11.7 billion available through the Drinking Water State Revolving Fund that could be used for lead removal as well. Cities with lead pipes, including New Orleans, are currently trying to locate all of their lead pipes.

Besides funding, the other issue is the EPA rule as currently proposed doesn’t cover lead pipes or service lines on private property. Replacing these smaller pipes on private property that go into homes could present an even more complex and costly challenge. Though the Biden initiative will make a major dent in replacing the country’s lead pipes, it’s unlikely to be able to replace every single one on both private and public property.

From CNN’s Ella Nilsen

Biden’s claim about trade ignores widening deficit under his presidency

In his speech, Biden said, “We used to import products and export jobs. Now we export American products and create American jobs right here in America.”

Fact First: This claim is misleading. So far this year, the United States has imported more goods than it has exported, leading to a seasonally adjusted trade deficit of more than $567 billion, according to figures from the US Census Bureau. 

In fact, the goods trade deficit has widened since Biden took office. In 2020, the nation’s goods trade deficit was $901 billion. After Biden’s first year in office, it increased to over $1 trillion and has stayed above that threshold every subsequent year.

The dollar’s strength has played a role in widening the goods trade deficit, making it more expensive for other countries to buy US-produced goods, and at the same time, cheaper for Americans to buy goods abroad.

From CNN’s Elisabeth Buchwald 

Biden on building electric vehicle charging stations

Speaking about his administration’s goal to create more clean energy jobs, Biden said IBEW workers were at work “installing 500,000 charging stations all across America” to power electric vehicles.

Facts First: This is more of a promise than a fact, but even so, it needs context. For a few reasons, it’s questionable whether the Biden administration will be able to meet its goal of installing 500,000 electric vehicle charging stations on US roads.

Installing 500,000 electric vehicle charging stations has long been one of Biden’s goals. The president initially proposed Congress spend $15 billion to make it a reality, but just half of that – $7.5 billion – passed as part of the 2021 bipartisan infrastructure law. The latest data from the Department of Energy shows the United States is still a long way from that goal; there are currently more than 180,000 EV charging ports operating at over 66,000 station locations around the US.

Though the administration has said that could be backfilled by private investment, that change in funding could hinder the administration’s ability to meet the goal. The federal government has spent the last few years sending money to states; states can now unlock more than $900 million in funding for fiscal years 2022 and 2023, which the administration estimated will “help build” chargers across approximately 53,000 miles of US highways.

Over the next five years, the full $5 billion will be spent to build out a network of EV chargers on major highways. Another pot of $2.5 billion in grant funding is also available for states to apply to; in January, $623 million in grant funding went out the door to help counties, cities and tribes around the nation install new charging stations for electric vehicles and long-haul freight trucks.

But it’s been slow going. States are still in the process of selecting companies to actually build the charging stations, meaning it could still take months or even years to fully see the impact of the money around the nation.

There is also a wide range in how much different types of chargers cost, and individual states have a lot of leeway in deciding what kinds of chargers will go on their roads. DC fast chargers can charge a car to mostly full in 20 minutes to an hour and are meant to go on major highways and roads. Another kind of charger known as an L2 charger can take hours to charge a car to full. But DC fast chargers are much more expensive, costing around $100,000 compared to around $6,000 for an L2, Ellen Hughes-Cromwick, a senior resident fellow at the think tank Third Way, has told CNN.

From CNN’s Ella Nilsen 

Biden on number of people with health insurance

Biden touted his achievements in expanding health insurance coverage to more Americans.

“More Americans have health insurance today than ever before in American history,” he said at the Democratic National Convention.

Facts First: Biden’s claim is outdated. While it’s true that health insurance coverage hit a record high last year, fewer people were insured in the first quarter of this year than in the spring of last year – in large part because a federal law that prevented states from winnowing their Medicaid rolls lapsed last year.

Some 130 million Americans had public health insurance coverage, such as Medicare or Medicaid, in the first quarter of this year, but that’s down from nearly 138 million people in the second quarter of last year, according to the latest National Health Interview Survey. The loss outpaces the gain of just under 3 million people in private health insurance plans. (A small number of people have both types of coverage.)

At the same time, the number of uninsured Americans rose to 27.1 million in the first quarter of this year, up from 23.7 million people in the spring of 2023. That pushed the uninsured rate up to 8.2%, from 7.2%, over that time period.

One main reason why health insurance coverage hit a record high last year was because of a Covid-19 pandemic relief provision that barred states from involuntarily disenrolling residents whom they deemed no longer qualify in exchange for enhanced federal funding. That prohibition was lifted in April 2023.

Only 81.7 million people were enrolled in Medicaid and the Children’s Health Insurance Program this past April, according to the Centers for Medicare and Medicaid Services. That compares to 93.9 million people in March 2023, before the provision lapsed.

From CNN’s Tami Luhby

Biden claims Trump will do “everything to ban abortion nationwide”

Biden said Monday that “Trump will do everything to ban abortion nationwide. Oh, he will.”

Facts First: Biden is making a prediction that we cannot definitively fact check, but the claim does not reflect Trump’s most recent comments on abortion and needs context.

While Trump regularly boasts that he played a key role in getting the US Supreme Court to overturn the 1973 Roe v. Wade decision that guaranteed abortion rights across the country, Trump says it should be up to the states to decide how and when to restrict abortion. Polls show that the majority of Americans are against a federal abortion ban.

Throughout this most recent campaign, Donald Trump has repeatedly ducked direct questions about his support for a federal ban on abortions, but he said in April that he would not sign a national abortion ban if elected to the White House again. That statement reversed what he said in 2016 when he was first running for the presidency and was the opposite of statements he made throughout his time in office.

Some scholars are concerned that conservative advisers to Trump have encouraged him to ban abortions by enforcing the 1873 Comstock Act, a method that could essentially create a federal ban without Trump needing to sign any legislation to do it.

The Victorian-era anti-vice law that is still on the books is not currently enforced. The law bans the mailing of “obscene” materials used to produce an abortion. Some scholars believe Trump could use the Justice Department to enforce a ban that would not just restrict people from sending the medication currently used in the majority of abortions through the mail, but would ban any kind of materials used to produce any kind of abortion.

Trump has not officially endorsed the enforcement of the Comstock Act, but it is a strategy some of his advisers have outlined as an option for Trump to restrict abortions nationwide.

From CNN’s Jen Christensen

California congressman’s misleading claim about Trump’s comments about Covid-19 and disinfectant

Garcia claimed, among other things, that Trump “told us to inject bleach into our bodies,” while criticizing Trump’s handling of the Covid-19 crisis.

Facts FirstGarcia’s claim is misleading. Trump never portrayed his ill-informed 2020 musings about the possibility of using disinfectant to treat Covid-19 as actual advice to Americans. Rather, Trump was talking about the possibility of scientists testing the possibility of using disinfectant as a treatment.

During a press briefing in April 2020, Trump expressed interest in scientists exploring the possibility of whether Covid-19 could be treated using disinfectants inside people’s bodies, “by injection inside or almost a cleaning,” or by deploying powerful light “inside the body, which you can do either through the skin or in some other way.” Trump’s comments were slammed by medical experts as highly dangerous, and they prompted urgent warnings from public health authorities and companies that sell household disinfectants. But he never actually said he was suggesting citizens go and use such products.

Trump made the ill-informed remarks after Bill Bryan, the acting undersecretary of science and technology for the Department of Homeland Security, outlined tests in which he said sunlight or disinfectants like bleach and isopropyl alcohol quickly killed the coronavirus on surfaces and in saliva.

When Trump jumped shortly afterward to the dangerous idea of injecting disinfectants inside people’s bodies, he was talking about experts somehow testing that idea. He said: “And is there a way we can do something like that, by injection inside or almost a cleaning, because you see it gets in the lungs and it does a tremendous number on the lungs, so it’d be interesting to check that, so that you’re going to have to use medical doctors with, but it sounds interesting to me. So we’ll see.”

From CNN’s Daniel Dale

Durbin’s missing context on Trump’s jobs record

Durbin of Illinois, the Senate Majority Whip, claimed of Trump: “He lost millions of jobs in America.” Durbin said shortly after that, “He is one of only two presidents in the history of the United States to leave office with fewer Americans working than when he started.”

Facts First: Durbin’s statistics are correct, but he left out some critical context about them. While there was a net loss of about 2.7 million jobs from the beginning of Trump’s four-year term to the end, there was a net gain of about 6.7 million jobs under Trump until the Covid-19 pandemic hit the country about three years into his term.  

Nearly 22 million jobs were lost under Trump in March 2020 and April 2020 when the global economy cratered on account of the pandemic. The US then started regaining jobs immediately, adding more than 12 million from May 2020 through December 2020, but not enough to make up for the massive early-pandemic losses.

From CNN’s Daniel Dale 

Beatty’s claim about the Biden administration’s expansion of the child tax credit

Ohio Rep. Joyce Beatty praised the Biden administration’s efforts to provide larger tax credits for families and lift more children out of poverty.

“Joe and Kamala have been expanding the child tax credit, and let me just tell you … cutting the poverty rate for our children,” she said.

Facts First: Beatty’s claim needs contextIt’s true that the expanded child tax credit passed early in the Biden administration slashed the child poverty rate in 2021, but the benefit only lasted for the one year the temporary enhancement was in effect. Child poverty increased in 2022 to a rate roughly comparable to where it was in 2019.

The American Rescue Plan Act, which Democrats pushed through Congress in March 2021, increased the size of the child tax credit to up to $3,600 – from $2,000 – for eligible families, enabled many more low-income parents to claim it and distributed half of it on a monthly basis.

That helped send child poverty – as measured by the Supplemental Poverty Measure – to a record low 5.2% in 2021, a drop of 46% from 2020, when the rate was 9.7% according to the US Census Bureau. The child tax credit lifted 2.9 million children out of poverty in 2021, with the temporary enhancement accounting for 2.1 million of those kids, according to the Census Bureau.

The Supplemental Poverty Measure, which began in 2009, takes into account certain non-cash government assistance, tax credits and needed expenses.

But in 2022, child poverty soared to 12.4%, roughly comparable to where it was prior to the pandemic in 2019. It was the largest jump in child poverty since the Supplemental Poverty Measure began.

Earlier this year, the House passed a tax bill that would again expand the child tax credit temporarily, though the boost would not be as generous as it was in 2021. Senate Republicans blocked it from advancing in their chamber earlier this month.

From CNN’s Tami Luhby

Harris campaign video showcasing Trump’s ‘lies’ on the economy misses context

In a prerecorded video from Vice President Kamala Harris’ campaign team, a staffer shared claims Trump has made about the economy seeking to disprove them.

“Let’s take a look at his track record on jobs before Covid, as compared to the Biden-Harris administration. What do you know? Hardly the most successful ever,” the staffer said as a screen displayed average monthly job gains under Trump from January 2017 to February 2020 compared to average monthly gains during the entire Biden-Harris administration.

“And about his supposed manufacturing miracle, Trump talked a big game, but actually lost 178,000 manufacturing jobs. And just to be clear, it wasn’t just Covid here either. Manufacturing jobs were already on their way down before the pandemic.”

Facts First: The numbers the campaign staffer shared are correct, but they lack crucial context. It’s unfair to compare the average monthly job gains Trump achieved up until March 2020 to that of the Biden-Harris administration. That’s because the average monthly gains achieved under their administration were propped up by some of the gangbuster job reports that came just as the economy was recovering from the pandemic. For instance, in July 2021, 939,000 jobs were added in just one month.

And while it’s true 178,000 manufacturing jobs were lost when Trump was president, Covid-19 did in fact play a big role. In the immediate months before the pandemic, manufacturing jobs were declining very slightly. From November 2019 to February 2020, 36,000 manufacturing jobs were lost. That hardly compares to the roughly 1.4 million manufacturing jobs lost from February 2020 to April 2020. That so many of those job losses were able to be recouped by the time Trump left office is noteworthy.

From CNN’s Elisabeth Buchwald

Rodriguez’s claim on Trump wanting to terminate the Affordable Care Act

Wisconsin Lt. Gov. Sara Rodriguez on Monday accused Trump of still wanting to kill the Affordable Care Act.

“Now, Trump is promising to terminate the Affordable Care Act,” Rodriguez said at the DNC.

Facts First: Rodriguez’s claim does not reflect Trump’s recent comments on the Affordable Care Act. He did appear to express renewed support for terminating the law in one social media post late last year, but he has since said he wants to improve it, not terminate it.  Most recently, he has said he will keep the law unless he can come up with an unspecified “better” plan.

Repealing and replacing the Affordable Care Act was one of Trump’s top priorities in his 2016 presidential campaign and first term. However, even though Republicans controlled Congress and the White House the following year, they failed to unite behind a plan to do so, ending any serious attempts to completely overhaul the landmark health reform law, popularly known as Obamacare.

The former president revived the debate over the law’s fate in November 2023, when he wrote on his Truth Social platform that he’s “seriously looking at alternatives” and that the failure to terminate it “was a low point for the Republican Party, but we should never give up!”

Trump quickly walked back his comments, posting a few days later that he doesn’t “want to terminate Obamacare, I want to REPLACE IT with MUCH BETTER HEALTHCARE. Obamacare Sucks!!!”

In April, Trump said in a video posted to Truth Social: “I’m not running to terminate the ACA as crooked Joe Biden says all over the place. We’re going to make the ACA much better than it is right now and much less expensive for you.”

And at a North Carolina rally last week, he said: “(Vice President Kamala Harris) goes around saying, ‘Oh, he’s going to get rid of the health.’ No, no, I’m going to keep it unless we can come up with something that’s better for you and less expensive for you. Otherwise, we’re not doing it.”

However, Trump has yet to release a proposal on how he would make the Affordable Care Act better and less expensive.

From CNN’s Tami Luhby

Michigan state senator makes false claim about Trump immunity

During a speech at the DNC about Project 2025, McMorrow said that the conservative blueprint for a second Trump term aimed to greatly expand the power of the presidency “like no president has ever had or should ever have.”

The Democratic lawmaker went on to say that if anyone wondered if those potential new powers were legal, “Thanks to Donald Trump’s hand-picked Supreme Court, he’s now completely immune from prosecution – even if he breaks the law.”

Facts First: McMorrow’s comment about the case Trump v. US is false. In their decision last month in the historic case, the six conservative justices granted Trump some immunity from prosecution, but not blanket immunity, as the former president had sought. The court said Trump could not be criminally pursued over “official acts,” but that he could face prosecution over alleged criminal actions involving “unofficial acts” taken while in office. 

“The President enjoys no immunity for his unofficial acts, and not everything the President does is official. The President is not above the law,” Chief Justice John Roberts wrote for the conservative majority.

And while Trump appointed three of the justices who helped make up the six-justice majority, the other three, including Roberts, were appointed by previous Republican presidents.

The federal judge in Washington, DC, overseeing special counsel Jack Smith’s election subversion case against Trump must now examine the allegations against the former president to determine which ones are covered by the newly granted immunity.

From CNN’s Devan Cole 

DNC video leaves out context about Trump abortion comment from 2016

A video about abortion rights that was played at the DNC on Monday featured a short clip of former Trump agreeing, in a television interview, that women who get abortions should be punished.

Facts FirstThe video left out some important context: Trump made this comment more than eight years ago and retracted it hours after he made it. In an interview in April 2024, Trump declined to express an opinion on the idea of a state deciding to punish women for getting an abortion after it is banned, returning to his campaign refrain that abortion policy is now a matter for each state to decide.

Trump made the comment featured in the DNC video at an MSNBC town hall during the Republican presidential primary in 2016. Trump said that there has to be some form of punishment” for abortion. When host Chris Matthews asked, “For the woman?” Trump responded, “Yeah, there has to be some form.” When Matthews pressed further, Trump said he didn’t know what the punishment should be.

Hours later, after facing widespread criticism, Trump issued a statement in which he said women should not be punished for getting abortions.

“If Congress were to pass legislation making abortion illegal and the federal courts upheld this legislation, or any state were permitted to ban abortion under state and federal law, the doctor or any other person performing this illegal act upon a woman would be held legally responsible, not the woman,” Trump said in the statement. “The woman is a victim in this case as is the life in her womb. My position has not changed – like Ronald Reagan, I am pro-life with exceptions.”

The next day on Fox News, Trump said, “It could be that I misspoke” during an abortion discussion he claimed was “convoluted.” He said that “if, in fact, abortion was outlawed, the person performing the abortion, the doctor, or whoever it may be that’s really doing the act is responsible for the act, not the woman, is responsible.”

In an April 2024 interview, Time magazine asked Trump if he is “comfortable if states decide to punish women who access abortions after the procedure is banned,” such as after a 15-week cutoff date. Trump said, “Again, that’s going to be – I don’t have to be comfortable or uncomfortable. The states are going to make that decision. The states are going to have to be comfortable or uncomfortable, not me.”

From CNN’s Daniel Dale

                                                           

 

Why Speaker Johnson Wants a Fake Law

House Speaker Mike Johnson admits he doesn’t KNOW that there is a problem with non-citizens voting but he wants a law banning them from doing it.  “We all know, intuitively, that a lot of illegals are voting in federal elections. But it’s not been something that is easily provable. We don’t have that number. This legislation will allow us to do exactly that — it will prevent that from happening. And if someone tries to do it, it will now be unlawful within the states,” he said.

Intuition?

Wouldn’t you think that the Speaker of the U.S. House of Representatives would know this country has had a law since 1996 that bars non-citizens from voting in federal elections?

Johnson started talking about the potential law after a recent visit to Mar-a-Lago, whose resident golf course champion told Iowans heading to their caucuses in January that immigrants are Democratic political tools:

“That’s why they are allowing these people to come in — people that don’t speak our language — they are signing them up to vote.  And I believe that’s why you are having millions of people pour into our country and it could very well affect the next election. That’s why they are doing it.”

—-Which is a load of equine byproduct.

Rebecca Beitsch and Rafael Bernal, writing for The Hill political newsletter in Washington, talked to people who easily refute Speaker Johnson’s claim that “it’s not something that is easily provable. We don’t have the numbers.”  Johnson could have talked to the same people, but who needs facts when your politically-shaped intuition can be used to malign a big segment of our population and the opposing party as well?

The Hill reporters went to Senior Counsel Eliza Sweren-Becker with the Brennan Center for Justice’s Voting Rights & Elections Program. “We actually do have the numbers, and we know that noncitizens don’t vote illegally in detectable numbers, let alone in large numbers,” she told them.  The Center has data from 42 jurisdictions. The study showed only 30 SUSPECTED BUT NOT CONFIRMED noncitizen votes in the 2016 General Election. There were 23.5 million votes cast in those jurisdictions, 0.0001 (one ten-thousandth) of a percent of the votes cast.

There are those who will dismiss these findings because they come from a center named for Supreme Court Associate Justice William Brennan, considered part of the court’s liberal wing during his 34 years on the court.

So they asked one of the experts at the Libertarian Cato Institute, who called Johnson’s intuition one of the “most frequent and less serious criticisms” about migration.

President Janet Murguia of UnidosUS, the biggest Latino civil rights organization in the United States, says Johnson’s intuition “doesn’t count for anything—doesn’t mean a lick” because Johnson admittedly has no proof.

“Many of our organizations have scoured for any signs of voting that has been irregular or done by folks who are not qualified. There just hasn’t been any evidence. So he can have intuition all he wants, but that does not mean it’s true. It does not mean there is evidence, and it does not mean it’s factual.”  She challenged Johnson and his friends to produce specifics and data.

The Chair of the Congressional Hispanic Caucus, Nanette Diaz Barragan accuses Johnson of finding “another way…to appease the crazies on the right because he’s on the chopping block right now and he’s got to do something to feed them some red bait.”

Johnson’s proposed law would force voters to show they are citizens of the United States to get a ballot. One of the drafters of the questionably-necessary bill, Texas Congressman Chip Roy, maintains, “the most fundamental thing you can do to destroy the rule of law and to destroy our republic is to undermine faith in our elections.” He says a system to guarantee that only citizens vote in federal elections is needed despite the 1996 law doing exactly that.

Documents such as birth certificates, passports, or naturalization papers would fill that bill, but the Brennan Center has found 5-7% of Americans—millions of people—do not have what Sweren-Becker calls “the most common types of documents used to prove citizenship.”

Murguia says conservative organizations have been looking into this issue for sometime, especially voting by undocumented people, and, “they just can’t report any great number, if any at all.”

The conservative Heritage Foundation has numbers Johnson could have gathered if he wasn’t so busy listening to his intuition. The Foundation’s records dating back about forty years show only about fifty cases of voting by noncitizens, which includes visa holders or legal permanent residents, not just people here illegally.

Politifact, a political fact-checking site run by the Poynter Institute, a journalism research organization, got no response from the Trump campaign when it asked the campaign to justify his Iowa claim about Democrats loading the voter rolls with illegal immigrants.

But it, too, has numbers that Johnson doesn’t seem to think exist as well as some examples where authorities actually recruited noncitizens to register to vote. In Colorado, for instance, the Secretary of State before than 2022 midterm elections, sent postcards to about 30,000 drivers license holders encouraging them to register before learning they were non-citizens. He had to send an “oops” postcard to all of them and then worked with county clerks to make sure nobody in that group did try to register.

South Carolina federal prosecutors in 2020 charged 19 people with casting ballots they were not entitled to cast in the 2016 election.  Three cases were dismissed and sixteen people pleaded guilty.  Sixteen people out of more than 4.5 million who voted legally.

And in Georgia, one of the ex-president’s least-favorite people, Secretary of State Brad Raffensperger said two years ago that investigators had found all of 1,634 non-citizens had tried to register to vote during the last TWENTY-FIVE YEARS.

The Hill notes that then-Governor Rick Scott of Florida announced before the 2014 midterms that 180,000 foreign nationals were going to be purged from the voter rolls. That number was reduced to only 2,600. Then it was cut to 198.  Finally, only 85 names were eliminated. And how many prosecutions were there?   One.

One, out of the 180,000 that Scott claimed were problems. That person was Josef Sever, who faced as much as five years in prison for falsely claiming to be a citizen, or as much as one year if he cast a ballot. Convictions also can result in deportation and might preclude any later opportunities for citizenship. Sever got five months in prison, a light sentence because the judge knew Sever was going to be deported.

Forget facts.  Forget that there really are numbers that Johnson claims don’t exist. Forget that we’ve had a federal law on this subject for 38 years. Forget that we heard this one-note song from our former President and his cronies eight years ago when he claimed he would have won the popular vote were it not for three-million votes cast by illegal immigrants (not one of which apparently voted for him).

It was a bogus claim then. It’s a bogus piece of intuition now. But Johnson and other Trump sycophants are going to beat this dead horse as much as they can because our former president wants them to do it.

When Johnson and others start spouting about the need to protect voting integrity, an important question to ask is, “from whom?”

Fake Law, Part One of a Series

(In this week before the primary election, we are reluctantly embarking on a series of daily observations of campaigns and campaign non-issues that do little to enhance public confidence in the process. We are sorry to be as pessimistic as we might seem. Perhaps the survivors of the primaries will be more responsible in their general election campaigns.

The situation seems to us be so dire that we will not have our regular Tuesday visit with the toy department of journalism—sports.)

FAKE LAW

It makes good headlines.

But it’s a fake issue.

It rallies the core.

But it’s a fake issue.

It paints a false portrait.

And it’s a fake issue.

It misleads voters.

Because it’s a fake issue.

It makes people think there’s a big problem.

But there isn’t.

It tries to capitalize on fear.

But it’s a lie.

And it’s one of the reasons Democrats in the Missouri Senate staged a record-setting filibuster in the last week of a legislative session that was characterized by filibusters from a small group of Republicans who have tried to run the chamber.

The legislation involved was a proposal making it harder to amend the state constitution. A bipartisan vote shut down debate and sent the bill to a committee that would work on compromises that might let it move forward in the last two days of the session.

The fact that Republicans and Democrats did something together put the Senate’s problem children into a tizzy.  Freedom Caucus ringleader Bill Eigel, who apparently thinks one has to disagree disagreeably to succeed in today’s politics, warned Senate colleagues that the caucus would object to any compromises that changes what the FC demands.

And what the FC demanded was passage of a bill that would become partly fake law.

If you’re keeping score, this is the proposal that says no change can be made in the state constitution, even if the statewide vote approves the change, unless voters in five of our eight congressional districts approve.  It’s a Republican effort to keep the heavy Democratic vote from the metro areas, and the Columbia area, from offsetting the conservative outstate votes.

It also contains “fake law” provisions prohibiting non-citizens from voting on constitutional amendments—-something already forbidden by Missouri and federal law.

But it sounds good in an election year.  Democrats kept the bill from going to a final Senate vote, complaining the language was included just to deceive voters. Eigel said those characterizations were “completely unfair” and the measure presented “a great opportunity” to keep non-citizens from voting.

—Except the ban already is on the books.

Democrats in the Senate, with Republican leaders refusing to take parliamentary action to shut down debate, chewed up three of the precious last five days of the session in a filibuster that lasted 51-plus hours.                    .

The demagoguery on this issue is going to be with us through November, regardless of any legislative action because MAGA Republicans, in particular, want to use it to beat Democrats—i.e. Joe Biden—over the head on immigration issues.

A few days ago in Washington, House Speaker Mike Johnson unveiled the proposed Safeguard American Voter Eligibility Act. Don’t be surprised if a House committee decides to “investigate,” giving majority members of the committee opportunities to condemn the actions or inactions of the administration to keep illegal immigrants from voting.

Another new committee, in the Missouri House, is going to investigate crime by illegal immigrants, another opportunity to make sure the issue’s political value is not wasted before the election. It has been expanded to include crimes AGAINST immigrants, a fair thing to consider.

We’ve all watched this kind of political circus on other topics.

And that’s what this harping on immigrant voting is.  Political circus.

What it is NOT is an issue. We’ll tell you why in our next entry.

Decision 

(Originally this entry was called “Discussion” because it addressed—when written last week—that President Biden might decide to pull out of the presidential race.  I didn’t post it because I was going to be out of town through the weekend and didn’t want the comments outdated before they were posted.  We’ve done some editing to account for the decision yesterday that President Biden would withdraw from the race and endorse Vice President Harris to for President.

Rather quickly the public dialogue about the Democratic ticket for November seems to have reached an important stage.

The matter of President Biden’s mental and physical health has become secondary to the DISCUSSION about his mental and physical health.

We are pretty sure that some sophisticated polling is being done about whether TALK is robbing the Democratic Presidential Campaign of its ability to focus on issues.

Republicans are no doubt relishing the distraction because they are talking about their issues, their ticket clearly assembled and aggressively spreading the GOP word regardless of its truth.  Nothing internal is stopping the Trump bandwagon at this point, certainly not Democrats.

The Democrats are limited in talking about their issues because they have one issue right now and it’s a giant one and it is completely internal. The public, including THEIR public, has nowhere to go.

(Events have rendered the original paragraph’s speculation about whether the party would go with Vice-President Harris. That speculation has been fully answered as we revise this. Now back to the original narrative.)

Who should be her running mate?  She’s about 60, about average for a President.  But an aggressive running mate in the 40s would send an interesting message to many voters who have not been entertained by two geezers calling each other liars.

Plus a running mate in the 40s could dilute whatever advantage among young voters that the Republicans have by running someone who is 39 as their Veep.

(There was some historical stuff in the original post about presidents who had decided not to seek another term but we will hold those until later.)

As we drove home from Indianapolis last night and early this morning, we spent some of that time listening to the coverage on the satellite channels for CNN, MSNBC, and FOX News.  While CNN and MSNBC had their talking heads discussing possible Harris VP choices and understanding what’s next for the Democratic Part, FOX already was Full Doberman in attacking Harris.

And we thought in those long, dark miles (we got home at 2:30 this morning) about how the complexion of this contest has suddenly changed.

Now, the old man with questionable mental health is the Republican candidate.  The shoe is on the other foot and the GOP is stuck with it.

The outlook for Democrats has changed dramatically and all of the sudden they, and Kamala Harris, have control of the spotlight and they’re suddenly gifted with a convention that can have an impact far greater than they had expected.

The immigrant issue now has a new dimension because the presumptive Democrat nominee is from a state that has been dealing with Mexican immigrants for almost 400 years, since Juan Cabrillo led an expedition into the area in 1542.  AND Harris’ mother is an immigrant from India and her father is an immigrant from Jamaica.

She would be a formidable debate opponent for Donald Trump who has given her a derogatory nickname.  But he’ll need something more than a nickname for her when he meets her on a debate stage. You can be guaranteed that a Trump-Harris debate would not degenerate into a discussion of golf scores. One does not become a federal prosecutor and then the Attorney General of California without some sharp edges.  By now, he should have some appreciation for the skills of prosecutors.

President Biden’s decision within hours awoke the sleeping Democratic Giant and now it is Mr. Trump and the Republicans who should be nervous.

And finally, this occurred early this morning.

This race will offer widely contrasting issues of character—-and when all else fails for the undecideds who might make the fractional difference in the polls and at the polling places, character might be the deciding factor.

Contrast President Biden’s response to the attempted assassination of Mr. Trump.  He called Trump, referring to him in public remarks as “Donald,” not making any dismissive and derogatory comments but only expressing sympathy and respect.

Then consider Mr. Trump’s response to the Biden withdrawal: “Crooked Joe Biden was not fit to run for President and is certainly not fit to serve—And never was!”  And he ranted on from there, showing once again a distinct lack of character.

And white nationalists who have made Mr. Trump their totem have been presented with a real quandary—The daughter of a Hindu woman born in India and a Jamaican husband, and who is married to a Jew and attends a black Baptist Church in San Francisco now look at Mr. Trump’s chosen running mate, J. D. Vance and they have a fit about Vance’s wife, Usha, who was born in India. Podcaster Nick Fuentes asked, “Do we really expect that the guy who has an Indian wife and named their kid Vivek is going to support white identity?”

Trump supporter and J6 veteran James Foxx, has complained, “JD Vance gets tapped as VP and immediately there’s a Hindu prayer at the RNC. Next we’ll see Sen. Mike Lee and JD Vance team up to convince Trump to let in 10 million Indian immigrants. Green cards on diplomas!”

A few days ago we had a competition between a couple of old coots who were about as exciting as a nursing home checkers game.  And all of the sudden, a new head nurse has roared into the parking lot in her Corvette.

Things are about to change.

-0-

Salting the Mine

Out in the Old West, there were stories told of people who wanted to sell a worthless gold mine to a gullible individual by putting a little gold dust into a shotgun shell and then shooting the gold into some of the mine’s rock, making it appear that there was gold waiting to be mined.

It was called salting the mine.

A few days ago, Philadelphia radio station WURD fired one of its talk show hosts who admitted she used some questions supplied by the White House in an interview with President Biden.  Andrea Lawful-Sanders has lost her job because she let the White House get away with it. .

She admitted on CNN that the White House sent her eight questions to ask when the interview was scheduled after the Thursday night debate disaster. She said she “approved” four of them.

WURD CEO Sara Lomax said in announcing the firing, “WURD Radio is not a mouthpiece for the Biden or any other administration.” She said the station’s trust by its listeners  to “hold elected officials accountable” had been jeopardized.

A second local radio host, this one from battleground state Wisconsin, has admitted he was given five questions.  But Earl Ingram has told ABC News he was not able to get through all of them in the limited time scheduled for the interview.

This story deserved to be made public.  This practice is not unusual.  There were times when the Missourinet newsroom got calls from campaigns suggesting we should interview their candidates.  In this case, a spokesman for the Biden campaign admitted to FOX News Digital, “It’s not at all uncommon practice for interviewees to share topics they would prefer. These questions were relevant to the news of the day.”  She maintained that acceptance of the questions did not determine whether the interview went ahead.

One night, when a presidential election was very tight, we got a call about 7:10 from one of the campaigns wanting to know if we wanted to interview its candidate about the importance of getting out and voting.  The person calling apparently was not aware that Missouri’s polls had closed ten minutes earlier and sounded shocked when he was told, “Mr. _____ never wanted to talk to us during the campaign and we’re sure not interested in talking with him now.”

“You mean, you don’t want to talk to the next President of the United States?” came the incredulous response.”

“What did I just tell you?”

“Oh.  Ohhhhhh—kay?”

The Missourinet had no patience—-and the current generation of reporters at the network is the same way—with people who want to salt the political mine, who think news reporters should be their mouthpieces.

Sadly, there are those willing to put candidates on the air on radio or TV just because they can—-and they lob a few softballs at them or ask the supplied questions because the interview makes great promotion material regardless of the informational value.

Candidates love “free media” and rely on outlets to become their mouthpieces.  And it’s easier to become a mouthpiece than it is to try to nail a candidate with a touch question that’s not part of the script.

It might be promotable but it’s not honest and the fallout from the Biden “salting” after the debate is deserved.

This stuff happens and it is painful to even discuss it openly because it justifies the thinking by some people that the media are controlled by whatever political ideology is different from theirs.

I don’t believe that.

I do believe there is too much talk and not enough hard reporting in my lifetime industry, which is why I also believe it is important for citizens to avoid focusing on a single information source. At our house we wander around among CNN, FOX, MSNBC, and we occasionally take a look at One America Network and Newsmax, the blatantly pro-Trump organs. And we check in with the traditional three networks from time to time.

We have our opinions and we like to think we have formed them independently because we evaluate competing ideas.

I would love to interview our ex-President.

I would introduce him as “Mr. Trump,” not “President Trump” because I believe in Harry Truman’s comment that when he left the White House he was “promoted” back to being a common citizen.  Some offices and some ranks are left in the office or should on a hanger in the back of the closet when a person retires from them or is excused from them.

We’re straying from our topic.

The temptation to accept an interview offer with someone who thinks they are important or someone who wants to be important comes to reporters all the time. Good reporters make it clear they, not the interviewee, are in charge of the interview and they are free to challenge answers or bore in when a straight answer is not given to a straight question.

And sometimes they should just say “No,” and enjoy the astonished reaction from the other person who has been thinking the talk show host or the reporter is just some clay to be manipulated.

I rather enjoyed doing that, in fact.

If you wanted to be interviewed on my air, I controlled the rules, not the candidate.  And to be honest, there were times when we covered an event or did an interview and put nothing on the air because nothing newsworthy was said.  We did not waste our listeners’ time because somebody had caused us to waste ours.

 

 

A “Day” in the Life of the Senate

This Senate Journal for Monday, May 13, 2024 also is the journal for Tuesday and Wednesday because of a record filibuster, led by Democrats demanding so-called “ballot candy” be removed from a resolution saying no constitutional amendment could be adopted unless it carried in a majority of the state’s eight congressional districts, even if the overall vote was favorable. Democrats, already opposed to the resolution, objected to language added by the House duplicating existing law but making the proposal more appealing to the public—the “ballot candy” opponents wanted removed.

This might be dry reading to those who are not as immersed in state government as your obedient servant has been for most of his life.  We are doing this to place these events in a better record than the Senate Journal provides.

The journal for the “day” that turned into the “fifty-hour filibuster” led by the ten Democrats in the 34-member Senate is covered on pages 1059-1061 of the daily journal (the daily journals are compiled at the end of the session into one large volume, thus these page numbers pick up with the journal page number of the preceding day).  The rest of “Monday’s” journal is made up of messages from the House telling the Senate it has approved its own bills, has changed Senate bills and needs Senate approval of the changes, requests for conference committees to work out differences between the two chambers on various bills, and other routine legislative business.

Because the House of Representatives’ rules limit debate time, filibusters do not occur there.  But the Senate has no such restrictions and a parliamentary procedure called “moving the previous question,” which—if approved—immediately ends debate and calls for a vote, is seldom used.

Because the journal is a record of actions, not a by-word recording of the debates, the only indication that a filibuster occurred is the listings of the names of those who presided over the chamber at various times. The number of names is an indication of the extensive length of the filibuster.  The fact that there are no journals for Tuesday and Wednesday is another indication.

Legislative “days” are not calendar or clock-determined.  A legislative day ends with adjournment. In this case, a “Monday” lasted until Wednesday on the calendar while, for journal purposes, the legislative day was still Monday.  Adjournment in this case did not occur until some Republicans crossed party lines to join the Democrats in sending the bill back to the House with a request for a conference.  The House on Thursday rejected the Senate’s request, telling the Senate to pass the House Committee Substitute.   Senate leadership knew that the minority Democrats would resume their filibuster if the bill was returned to the floor unchanged and would run out the clock at 6 p.m. on calendar Friday.  Because there was no use spending the last day of the session in a filibuster, the Senate adjourned after a ten-minute session Friday.

We have consulted the Senate archived recording of this long “Monday” to ascertain the exact amount of time the filibuster consumed.  We have done this because this event was unprecedented in Missouri legislative history and smashed a previous unprecedented 41-hour filibuster a few days earlier by the right-wing Senate Freedom Caucus.

Monday, May 13, 2024:   Sponsor Mary Elizabeth Coleman moved that the Senate adopt House Committee Substitute for Senate Substitute Number 4 for Senate Committee Substitute for Senate Joint Resolutions 74, 48, 59, 61, and 83.  That sounds complicated but it represents the path the bill had taken to that point.

There were five similar resolutions on this issue filed in the Senate.  A Senate Committee combined those resolutions into one but not before the entire Senate had debated the bill and three substitute versions were voted down, leaving the fourth that gained enough voter for passage.

The amended and combined Senate resolution went to the House where a House Committee substituted its version. The House passed the revised bill.  The changes had to be approved by the Senate before the proposition could be put on a statewide ballot.

Monday, May 13 was the first day of the last week of the 2024 legislative session. Democrats, outnumbered more than 2-1, knew the clock was their greatest friend when it came to getting this proposition changed or killed.  They launched a filibuster that blocked a vote that surely would have sent the issue to the November ballot.

Our legislature records its debates and archives them.  We went to the May 10 audio journal and tracked how much time was spent on this bill in each day.  The Senate archive recording resets to 0:00 at the end of each 24 hours.

Day One, Monday, May 13.

0:00:00—The Senate begins its “day” with a prayer from Reverend Stephen George.

0:04:52—Senator Mary Elizabeth Coleman moves Senate approval of  HCS/SS4/SCS/SJR 74, 48, 59, 61 and 83.

0:06:15—Senate Minority Leader John Rizzo makes substitute motion to send the bill back to the House and to ask for a conference committee to work out the differences between the House version, which had “ballot candy” added to it, and the Sente version.  This is the beginning of the filibuster.

“Monday” part one (Monday-Tuesday on the traditional calendar): 24 hours, of which 23 hours, 53 minutes and 45 seconds were spent filibustering the resolution. Running filibuster time: 23:53:45.

“Monday” part two (Tuesday-Wednesday on the traditional calendar): all 24 hours were involved in the filibuster. Running filibuster time: 47:53:45

“Monday” part three (Wednesday on the traditional calendar); 02:15:36  Roll call vote begins.  Roll call results announced: 02:18:06. The motion to send bill back to the House passed 18-13, with eight Republicans crossing party lines. The filibuster is official ended.

02:24:41: The Senate adjourns until Thursday morning.  “Monday,” the longest known “day” in Missouri Senate history, has finally come to an end.

Total filibuster time: 50:11:51

Total time of “Monday, May 10, 2024” in the Missouri Senate: 50:24:41.

Miserable, Just Miserable

The Missouri Constitution establishes a definite date each year for adjournment of the Missouri General Assembly.  This was one of those years when adjournment couldn’t happen soon enough.

This miserable session will be remembered as the session that a handful of Republican senators calling themselves the Freedom Caucus ran into the ground because a majority of their party didn’t buy their demands.  They accused the majority of their majority party of being RINOS, a nickname our former president likes to apply to any Republican who does not love him. There is considerable reason to consider far-out clusters such as this as the real Republicans in Name Only.

This will be remembered as the Session of the Filibuster.  The Freedom Caucus kicked off the session with a lengthy discussion of Senate procedure, filibustered for eleven hours trying to force colleagues to act quickly on bills making it harder for citizens to create laws through initiative petition. That led President Pro Team Caleb Rowden to strip four members of the Freedom Caucus of their committee chairmanships and (this seemed to be the most terrible punishment to some of them) took away their parking spaces in the Capitol basement.  Senators Bill Eigel, the ringleader of the caucus, Rick Brattin, Denny Hoskins and Andrew Koenig lost their prestigious positions, after which Eigel stopped action in the Senate for four more hours so he could question several Senators who seemed to support Rowden’s action.

Rowden calculated in late January that the Senate had been in floor session for 17 hours and 52 minutes in 2024. He said the Freedom Caucus had filibustered “things of no consequence whatsoever relative to a piece of policy” for 16 hours and 45 minutes of that time.

And it only got worse. But in the end, the filibuster bit the Freedom Caucus—uh—in the end.

As the session reached May and the crucial last couple of weeks, including the week in which the state budget had to be approved, the caucus stopped things cold for 41 hours—believed to be the longest filibuster in Missouri legislative history—because its priorities were not THE priority of Senate leadership.

But that filibuster record was to be broken in the final week when Democrats and some Republicans fed up with the Freedom Caucus’s behavior got in the way of final approval of the resolution changing the way the state constitution can be changed. Those who had lived by the filibuster died by the filibuster.

The final filibuster lasted FIFTY hours and change. It succeeded where the Freedom Caucus belligerency failed. The Freedom Caucus’ bull-in-a-china shop philosophy of government was repudiated by a Senate that seemed to, in this case at least, rediscovered bipartisanship. But the damage done by this group could not be reversed.

The 2024 legislative session was the least productive in modern memory—or even ancient memory, for that matter.  Only 28 non-budget bills were passed.

That beats the record of 31 in the 2020 session.  But remember, that was the Pandemic Session when the legislature did not meet for several days then operated on a limited basis for several other days.

Eigel disavowed responsibility for that miserable record.  “A lot of bad things that didn’t happen this session didn’t happen because of the people standing behind me,” he said in a post-session Freedom Caucus press conference. His words probably didn’t carry any water with Senators and Representatives who had worked hard and conscientiously on bills that would have done GOOD things only to see them disappear into the ongoing mud fight in the Senate led by Eigel and his band.

Eigel has dreams of becoming Governor.  Denny Hoskins thinks he’d be a peachy Secretary of State. Andrew Koenig thinks being State Treasurer would be wonderful. Rick Brattin just hopes to get elected to another term in the Senate.

There are some folks who have watched them this year who hope they still don’t have parking places in Jefferson City in 2025.

The 50-hour filibuster deserves a closer look. We’ve taken that look to establish the exact length of it so that future observers will know when they have witnessed an even more regrettable example.

Incidentally, it is believed the longest filibuster by one person in Missouri history was Senator Matt Bartle’s futile effort to block some gubernatorial appointments in 2007. He held the floor for seventeen hours.