The Silver Lining: A Potential Bipartisan Senate Blockade to Stop Trump

Many agonized observers have been so paralyzed by the shocking appointment of white supremacist Steve Bannon as Trump’s key strategist, to say nothing of a potential paleoconservative Cabinet and the renewed commitment to xenophobia, deportation, and anti-choice sentiments that Trump expressed in an aloof appearance on 60 Minutes, that it has been difficult to remember that politics is a game that Trump may not quite know how to play. Sure, he can whip up the fury of a thoughtless mob to reenact Nuremburg, win votes, and inspire a spate of hate crimes after the election. But being a successful demagogue does not necessarily make one a successful politician. And while the House of Representatives and likely the Supreme Court appears to be on a fearsome rightward trajectory, there is one silver lining to this despotic cloud that Trump and his cohorts have not considered: the power and dynamics of the United States Senate.

As it presently stands, the Senate is likely to be composed of 52 Republicans and 48 Democrats. However, that number could change. There remains a chance to reduce that number to a 51-49 split in favor of the Republicans. The opportunity presents itself with an experienced Louisiana fighter for the people named Foster Campbell. Campbell is running for a Senate seat in Louisiana in a runoff race with Republican State Treasurer John Kennedy (no relation to the 35th President) that is scheduled to take place on December 10, 2016. If Campbell can win, that means the Republicans will only have one majority vote.

That one vote may seem like Trump can push anything he wants through a Republican-controlled Senate, but don’t be so certain. Liberals (myself included) may be looking at this situation the wrong way. Because we keep forgetting that the American political landscape isn’t what it was last week. The new normal isn’t Republican politics as usual, but old Republican politics locked in a potent and quite volatile struggle against the alt-right extremism that Trump and his willing lieutenants will usher in, a strain that a good chunk of the population, including those who voted for Trump, will come to reject once they realize that the “outsider” is a man hobnobbing with insiders and a man who may be unable to deliver on his promises. This brand of right-wing politics is so utterly beyond anything we have seen before, even with Mitch McConnell’s hijacking of the Merrick Garland nomination or anything plotted by Grover Norquist, that we have failed to consider that some Republicans may very well reject it, especially if their phone banks are jammed with constituents regularly calling them.

Politics, as we all know, makes strange bedfellows. And while a moderate Senator created gridlock with Democrats in pre-Trump times, there’s a greater likelihood that moderates will side with Democrats if the full monty of Trump’s extremism streaks through the Senate chambers. There may be some bipartisan options to not only deadlock the Senate on key bills, but that could prevent the Senate from confirming one quarter of the 4,000 new positions that the Trump administration needs to fill before January.

Senator Susan Collins may be a Republican from Maine, but her positions resemble a more conservative Democrat. (Indeed, Newsweek called her one of the last moderates in the Northeast.) She’s pro-choice, willing to raise taxes on any income bracket, supports gun restrictions and same-sex marriage, and, according to someone who called her, was willing to support the DREAM Act (a key piece of legislation for immigrants) as a standalone bill. Senator Harry Reid has cut bipartisan deals with her in the past. So there may be a possibility to work with her in the future.

Another dependable moderate Republican-Democratic alignment may be with Alaskan Senator Lisa Murkowski, who expressed dismay over the radical direction of the Republican party in 2012 and has also expressed a desire to do something about climate change. Like Sen. Collins, Sen. Murkowski has some progressive positions. She supported the DREAM Act and she did reject Trump’s call to deport Muslims last year. She also had tough words for Sarah Palin and Joe Miller.

Politics is a numbers game. And if Senators Murkowski and Collins are willing to work with the Democrats in an age of Trump extremism (and I think they will, provided the alt-right doesn’t get to them), then there’s a possibility that many Trump-inspired bills and confirmations will receive a 51 nay with 49 Democrats in the Senate. This does leave Collins and Murkowski in positions of great influence, and they will certainly use this to their advantage, possibly playing both sides against each other, but it’s a two year buffer that may just hold somewhat if the Democrats can succeed in winning back the Senate during the 2018 midterm elections. Historically speaking, there hasn’t been a tie-breaking vote cast by a sitting Vice President since March 13, 2008. (Joe Biden never cast a tie-breaking vote.) It’s possible that Vice President Mike Pence will overturn John Adams’s 28 tie-breaking vote record under a Trump Administration. This is, after all, an unprecedented moment in American political history in which anything can and will happen. But if Pence does this, this may create friction and animosity between the White House and the Republican Senators, who in turn may revolt against the Trump Administration’s autocratic tactics.

Everything I’ve suggested here is contingent upon Foster Campbell winning the Louisiana Senate seat. A Senate composed of 48 Democrats will create stalemates. A Senate composed of 49 Democrats will create possibilities for a formidable blockade with one or two moderate Republicans on their side.

So can Foster Campbell become Senator? For one thing, he’ll need donations. But here’s the math based on the November Senate race:

Republican candidates received the following votes:

John Kennedy (25%); Charles Boustany (15.4%); John Fleming (10.6%); Rob Maness (4.7%); David Duke (3%); Donald Crawford (1.3%); Joseph Cao (1.1%); Charles Marsala (0.2%).

TOTAL REPUBLICAN PERCENTAGE: 61.3%

Democratic candidates received the following votes:

Foster Campbell (17.5%); Caroline Fayard (12.5%); Derrick Edwards (2.7%); Gary Landrieu (2.4%); Josh Pellerin (0.4%); Peter Williams (0.4%); Vinny Mendoza (0.3%).

TOTAL DEMOCRATIC PERCENTAGE: 36.2%

This is quite a margin of voters for Foster Campbell to win over. Trump won 58% of the state in the election. However, the Times-Picayune reported that there was a dropoff this year in African-American voter participation. Polling expert Edward Chervenak pointed out in the article that voters in overwhelmingly white precincts were more likely to vote than voters at overwhelmingly black precincts. If African-American voters (and other Democrats) show up to vote for Campbell in droves during the December 10, 2016 election, then Campbell may stand a chance of winning this seat and creating a quasi-blockade in the Senate. And if it can be done, and it does appear to be a Hail Mary pass at this point, then there remains a very good possibility that the Democrats can stop Donald Trump from enacting his extremist policies with the help of a few moderates.

The Zeitoun Foundation’s Finances: An Investigation

Dave Eggers’s Zeitoun was one of the rare books that managed to turn an Entertainment Weekly review and a lengthy Times-Picayune profile into advertisements for a charitable foundation. The Zeitoun Foundation is an organization ostensibly intended as grantor for post-Katrina rebuilding initiatives. “All author proceeds from this book go to the Zeitoun Foundation,” reads the beginning of a clearly stated note at the end of Zeitoun, which is followed by a list of nonprofit organizations that will receive the proceeds.

“From the beginning, I told them I wouldn’t be paid and I would not benefit from their story in any material way,” said Eggers in a 2009 interview. “The Zeitoun Foundation will be a lean organization, one that simply acts as a conduit to donate proceeds from the book to specific charities, including the Muslim American Society, Islamic Relief and Rebuilding Together, which helps return evacuees to their homes in New Orleans. Tangible and beneficial results can be achieved, which allows the Zeitouns to feel that something good came from their suffering.”

But according to the Louisiana Secretary of State, The Zeitoun Foundation is not in good standing (as seen in the above screenshot). The foundation has failed to file a single Annual Report since its registration date on August 3, 2009. This represents over $250,000 in grants, distributed over the course of three years, that has no clear or fully accountable trail.

The only information that the foundation’s website provides is a list of “nonprofits supported by the Foundation,” but nothing on the website designates how this grant money has been disseminated. The foundation’s website has announced five separate rounds of grant allocations since its inception, but it’s troubling that these cheery dispatches offer neither a date nor a list of specific grants for each round (one such example can be seen below).

According to public records, the three officers that the Foundation lists as directors are Kathy Zeitoun, Abdulrahman Zeitoun, and Michelle Quint. Yet Kathy told The Times-Picayune‘s Laura Maggi that the Zeitouns were not involved in the foundation. This leaves Michelle Quint, who was Dave Eggers’s assistant in 2008, as the accountable director.

Quint did not return our emails or telephone calls for comment. We did manage to get through to McSweeney’s by telephone, where a young and somewhat nervous male voice informed us that “someone will get back to you very shortly.” We are still waiting.

If you give directly to The Zeitoun Foundation, you’re asked to make out your checks to a literary and visual arts collective called Press Street. But in studying financial documents, one begins to encounter a few accounting problems.

Reluctant Habits has obtained financial documents filed by Press Street with the IRS for 2009 and 2010. (To follow along, here’s the 2009 990 (PDF) and the 2010 990 (PDF).) During the year 2009, Press Street issued $62,500 in grant money to The Zeitoun Foundation, designated to “rebuilding and cultural awareness grants to New Orleans area non-profits and to other national organizations.” Obliged to reveal the grantees over $5,000, the 2009 990 contains a schedule listing the following organizations:

There’s one big problem with this. And it isn’t the $17,500 in grantees that the schedule doesn’t specify (which is likely grantees who each received less than $5,000 in money for that year).

Someone who donates money to The Zeitoun Foundation is probably going to expect that the funds will be directly allocated to post-Katrina efforts or ongoing rehabilitation in Louisiana. But a few of these groups have nothing to do with The Zeitoun Foundation’s stated goal, which is “to aid in the rebuilding and ongoing health of the city of New Orleans, and to help ensure the human rights of all Americans.” The Muslim American Society is based in Chandler, Arizona and its stated mission is “to move people to strive for God consciousness, liberty, and justice, and to convey Islam with utmost clarity.” (Additional financial documents obtained by Reluctant Habits revealed that this chapter of the Muslim American Society operates at Tulane University, based in New Orleans.) That’s a laudable goal, but this faith-based approach is somewhat different from the foundation’s stated reconstruction goals. (In contrast to this, Islamic Relief USA, another Zeitoun grantee which is based in California, has a clearly articulated relief-based mission fitting in with Zeitoun’s goals.)

And then there’s Voice of Witness, which Eggers himself is involved in.

Voice of Witness is a McSweeney’s publishing imprint founded in 2004 as a nonprofit which has released several well-received oral history collections relating to social injustices. In 2006, Voice of Witness published the book Voices from the Storm: The People of New Orleans on Hurricane Katrina and Its Aftermath. But since 2009, Voice of Witness’s activities have not involved Katrina or New Orleans at all. Here are a list of books that Voice of Witness has published from 2009 on:

  1. Out of Exile: Narratives from the Abducted and Displaced People of Sudan (September 1, 2009)
  2. A Spanish edition of Underground America: Narratives of Undocumented Lives (April 6, 2010)
  3. Hope Deferred: Narratives of Zimbabwean Lives (March 1, 2011)
  4. Nowhere to Be Home: Narratives from Survivors of Burma’s Military Regime (April 12, 2011)
  5. Patriot Act: Narratives of Post-9/11 Justice (August 23, 2011)
  6. Inside This Place, Not of It: Narratives from Women’s Prison (November 8, 2011)
  7. Throwing Stones at the Moon: Narratives From Colombians Displaced by Violence (September 12, 2012)

Of the six new titles, only two (Patriot Act and Inside This Place, Not of It) fit into the Zeitoun Foundation’s secondary goal of ensuring “the human rights of all Americans.” The other titles, while tackling admirable issues, have nothing to do with Katrina or New Orleans.

So why would Press Street allocate funds through The Zeitoun Foundation to publish books that have little to do with its mission statement? Especially when Press Street itself has been publishing books that are more directly related to New Orleans and Katrina.

It is with the 2010 990 that the Press Street/Zeitoun Foundation finances become especially murky. The Press Street 990 shows $155,500 in grants distributed in 2010 through The Zeitoun Foundation for “rebuilding & cultural awareness grants to NOLA-area non-profits & national org + Benefits over $5,000.” Yet unlike the 2009 990, the 2010 990 doesn’t include an attached schedule which designates the organizations and individuals who received grants over $5,000, much less the class of activity, the grantee’s name and address, the amount given, and the relationship of the grantee, as required by law.

We reached out to Press Street Director Anne Gisleson — the woman who signed the 990s — by telephone, email, and Facebook to clarify the Press Street/Zeitoun connection. She informed us by email that she had become involved with Eggers’s philanthropy because Eggers had been “a longtime supporter of the New Orleans Center for Creative Arts,” the high school arts conservatory where Gisleson teaches creative writing. The idea was to use Press Street as a fiscal sponsor for the foundation “because it was the most expedient way to distribute grants from the proceeds of the book.”

“The Zeitoun Foundation is a fiscally sponsored project of Press Street and focuses the rebuilding of New Orleans and the fostering of interfaith understanding,” said Gisleson. “After the book, Zeitoun, was released, the author and the Zeitoun family decided on a number of nonprofit organizations to which they would direct proceeds from the book. After compiling this list of organizations, the sole task of the Zeitoun Foundation was to direct funds to these organizations whenever funds from the book became available. Beyond helping to choose the organizations the Foundation supports, Kathy and Abdulrahman Zeitoun have had no day-to-day duties with the Foundation.”

This statement confirms Kathy Zeitoun’s remarks with the Times-Picayune‘s Laura Maggi.

We also asked Gisleson if she could provide us with a schedule accounting for the 2010 grantees that were not listed in Press Street’s 2010 990. Gisleson claimed that Press Street was “in between spaces, with all of our papers and equipment in storage, so we’re looking into finding the hard copy of the 2010 990 to see what happened with the Schedule O pages.” She did provide us with this list of 2010 grantees:

  1. Innocence Project NOLA
  2. Muslim American Society
  3. Rebuilding Together
  4. The Green Project
  5. Louisiana Capital Assistance Center
  6. Voice of Witness
  7. Meena Magazine
  8. New Orleans Lens
  9. Islamic Relief USA
  10. The New Orleans Institute
  11. The Neighborhood Story Project
  12. Catholic Charities
  13. Jeremiah Group
  14. New Orleans Center for Creative Arts
  15. Restore Wesley United
  16. Muslim Student Association/Tulane University
  17. The Porch

But without the dollar amounts, it’s difficult to understand how these funds were allocated, or if they were even fairly divided. We pressed Ms. Gisleson further on the finances and she was kind enough to divulge the Schedule O sums (that is, the amounts over $5,000) on the 2010 990, in which the grantees are listed (with dollar amounts) as follows:

We were relieved to learn that most of the finances were accounted for and that Press Street was on firmer ground (even if The Zeitoun Foundation remains “not in good standing”). Voice of Witness, however, was the top grantee, receiving $25,000 of the funds. And as we have established above, the books don’t quite fit in with the foundation’s stated goals.

It’s bad enough that Dave Eggers has refused to speak with journalists about Abdulrhaman Zeitoun’s recent arrest on three charges of solicited murder — a set of developments which flies in the face of Eggers’s depiction of Zeitoun as a robust and morally upstanding hero in his book. Eggers did issue this statement with Jonathan Demme, stating that he and Demme were “in daily contact with Kathy since the incident on July 25” and asking his audience to “join us in respecting the Zeitoun family’s privacy at this difficult time.” But while Demme is preparing an animated film adaptation of Zeitoun, what does Demme have to do with The Zeitoun Foundation? Shouldn’t this statement be released on the main McSweeney’s site?

But it would be refreshing to see Eggers, whose motives are clearly benevolent, open up about how he has used charitable funds. We shouldn’t have to do this much digging to find out how the foundation has been allocating its monies. All this should be outlined on the foundation’s website. (By contrast, The Valentino Achak Deng Foundation’s financial documents are more clearly accountable.)

Eggers has claimed The Zeitoun Foundation to be “a very simple grant-giving operation.” But if it was so simple, why did we have to do all this detective work? The McSweeney’s operation has been around for fourteen years. Shouldn’t it keep proper records by now? If The Zeitoun Foundation could file its documents in a timely manner or be transparent about the way it disseminates grants, we wouldn’t have to make sure that it was in the clear.

8/16/2012 UPDATE: Thanks to an anonymous source, Reluctant Habits has obtained the 990 for The Zeitoun Foundation for 2009 (PDF available here) and it appears that The Zeitoun Foundation is more complicated than previously reported.

The 990 lists another organization by the name of Jableh, LLC, which was incorporated on July 16, 2009 and lists Dave Eggers as the registered agent for the organization. The 2009 990 for The Zeitoun Foundation lists $161,331 due to Jableh, LLC, which exceeds the $145,476 in revenue taken in by The Zeitoun Foundation for that year ($84,044 in royalty income from the book, $50,000 in film rights, and $11,432 in “contributions, gifts, grants, and similar amounts received”). According to Eggers’s book, Jableh is where Abdulrahman Zeitoun was born and lived for a while.

Needless to say, our investigation has been reopened. We will offer additional findings in a separate report.

11/18/2012 UPDATE: We made efforts to talk with Mr. Eggers in person about these charges and more. As we reported at length on November 14, 2012, he ran away from us. He is also fleeing inquiries from other reporters. Mr. Zeitoun has also been indicted for attempted first-degree murder and solicitation.