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    Forget unity – now elections deliver revenge as much as representation | William Davies

    It is scarcely news that the US is divided – by geography, education and above all a diffuse set of moral and political attitudes that get thrown into the basket labelled “culture”. In the wake of an election that saw Donald Trump win around 47% of the popular vote, there is a renewed anxiety about the depth of partisan polarisation in American life. The worry is that liberals and conservatives don’t simply disagree on values any longer, but stare at different realities – whether on cable news or their Facebook feeds.This is the context for the lurking sense of unease that surrounds Trump’s welcome ejection from the White House: what exactly has been resolved? More importantly for the future, can the institutions of liberal democracy – elected representatives, mass political parties and government officialdom – still resolve such conflicts?We should always be wary of imagining some golden age of liberal democracy, in which political and cultural divisions were converted into consensus – most of all in a society that has so often sought to paper over its racial divides by appealing to some “more perfect union”. But the liberal vision of democracy has always rested on the idea that some kind of shared interest can be divined from the chaos of individual values and attitudes, and given representation in government. The question might still be posed as to what representative democracy can still achieve, under 21st-century conditions.Elections in the liberal west are increasingly acquiring the feel of referendums, in which supporters are mobilised around a binary logic of “for and against”. Emmanuel Macron’s eventually decisive 2017 victory over Marine Le Pen was less a reflection of the public’s faith that he had the answers to the country’s problems, and more because a majority of French voters did not wish to see Le Pen in power. Boris Johnson’s 2019 election triumph was partly based on a rerun of the 2016 referendum (“get Brexit done”), but laced for good measure with a “yes/no” question about putting Jeremy Corbyn in charge of the military. Trump’s electoral potency is that he still represents a deafening “no” to Washington DC and all who thrive there – it just happens that a majority has now said “no” to Trump as well.This more confrontational politics has some undoubtedly positive consequences. Following years of rising political disengagement, as detailed so well by the late political scientist Peter Mair – who described how managerial, centrist parties had been reduced to “ruling the void” left by shrinking participation – we may be entering a new era of mass participation and mobilisation. The 2020 US election witnessed the highest turnout (66%) for more than a century. Brexiteers frequently remind their opponents that leave won the largest number of votes (17.4m) for any option on a UK ballot paper in history. Democracy has grown more passionate and more uncertain, features that make it more exciting and vital.There is also an uncomfortable, but ultimately necessary, honesty about how divisions now show up in electoral geography and demography. It may seem odd to think of the US experiencing a moment of “truth”, given the character of its current president and the beliefs of many of his supporters, but the country is arguably less illusioned than it was 20 years ago about the role of race and violence in its history and politics. There are parallels to how Brexit has produced a new awareness of Britain’s highly uneven economic geography and cultural divisions that actually date back many decades.But the difficulty with a plebiscitary politics is that it serves as an engine for division and mutual animosity, rather than a basis for governmental legitimacy of the sort that liberals traditionally hope for. Despite whatever rhetorical appeal politicians such as Barack Obama, Theresa May, Emmanuel Macron or Joe Biden might make to unity, referendum-style elections often deepen the fractures that they purport to overcome. If political parties in the 1990s had become machines for fundraising and media management, many are now morphing into instruments for “getting the vote out” by fair means or foul. What’s lost along the way is the question of whose interests (as opposed to whose identities and animosities) political parties represent.Elections under these conditions can still produce landslides, such as Johnson’s last year, but they don’t produce mandates. Democracy becomes mesmerising, but inconclusive, and – as with Britain’s 2016 referendum – people can end up more suspicious of their opponents and more convinced of their own rectitude than they were at the outset. Modern democracy has always been shaped by accompanying media technologies: anxiety regarding the newly enfranchised “masses” of the 1920s and 30s was shaped by the rise of radio and magazines, before gradually giving way to pessimism regarding the apathetic television viewer of the 1980s and 90s. Elections of the 21st century have the feel of unruly, addictive and neverending Facebook threads, in which the threat of false or distorted information lurks at every turn.Where elections cease to resolve very much, other than to prove who can mobilise the most supporters, the serious work of political coalition-building leaks elsewhere. In particular, it heads “upstream” into those institutions that liberals once hoped would provide the “apolitical” holding environment for democracy, such as the courts and the civil service. The liberal ideal of ringfencing a democratic space marked “politics” has always depended on bureaucratic and legal mechanisms that purport to sit outside it. And it heads “downstream” into those spaces that liberalism exists specifically to pacify: the streets. All of this has been on full display in the US these past few years, but again it is not hard to point to analogues in the UK.In situations such as those in the US and Britain, liberalism now depends for its survival on adequate constitutional reform – without which it becomes ever harder for disputes to be credibly channelled into the arena of party and parliamentary politics. But we shouldn’t hold our breath. Given limited opportunities for policy victories, few politicians have ever wasted much effort on electoral reform (which holds out scant political rewards for them personally), while the Johnson administration seems intent only on sidelining parliament further, possibly even scrapping the Electoral Commission. Meanwhile, the glaring deficiencies in the American political system – from legalised gerrymandering and voter suppression to the electoral college itself – require more power to fix than Biden has won.The likelier alternative is already in sight. Politics becomes an intra-elite battle to control as many institutions as possible, for as long as possible, while popular discontents are channelled into protest and social media storms. (In this regard, Trump was truly a pioneer.) Without any legal means of establishing legitimate paths forward for governing, or for the satisfaction of public demands, progress is replaced by “an endless pendulum of hit and retaliation”, in the words of the German philosopher Peter Sloterdijk. Elections then become opportunities for avenging past defeats. The Democratic coalition mustered an unprecedented mobilisation following the trauma of 2016. For the Republicans, the result of this election – and Trump’s feverish claims of fraud and deception – will offer a rich reserve of indignation for the next four years.• William Davies is a sociologist and political economist. His latest book is This is Not Normal: The Collapse of Liberal Britain More

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    'Whoa' – Fox News cuts off Kayleigh McEnany for 'illegal votes' spiel

    Fox News has cut away from a briefing held by the White House press secretary, Kayleigh McEnany, during which she repeated Donald Trump’s refusal to accept defeat in the presidential election and doubled down on allegations of voter fraud, for which there is scant if any evidence.
    Speaking to media on Monday night in her “personal capacity” during what she said was a campaign event at the Republican National Committee headquarters, McEnany said Republicans want “every legal vote to be counted, and every illegal vote to be discarded”, prompting the conservative Fox News network to stop broadcasting the briefing.
    From the studio, host Neil Cavuto said: “Whoa, whoa, whoa – I just think we have to be very clear. She’s charging the other side as welcoming fraud and welcoming illegal voting. Unless she has more details to back that up, I can’t in good countenance continue to show you this.”
    He added: “I want to make sure that maybe they do have something to back that up, but that’s an explosive charge to make, that the other side is effectively rigging and cheating. If she does bring proof of that, of course we’ll take you back. So far she has started saying, right at the outset – ‘welcoming fraud, welcoming illegal voting’. Not so fast.”
    The decision to cut away was Cavuto’s, the Washington Post reported, citing people familiar with the show.
    Rupert Murdoch-owned Fox News has shifted away from its loyalty to Trump over the past week, instead seeming in what appears to be closely co-ordinated messaging to warn its readers that Trump has lost the election despite his claims to the contrary.
    Fox was one of the first news organisations to call the state of Arizona for Joe Biden.
    Some senior Republican lawmakers have continued to refuse to recognise Biden as the election winner. The Senate majority leader, Mitch McConnell, said on Monday that Trump was fully within his rights to look into alleged voting irregularities, and in a Senate speech did not acknowledge Biden as president-elect.

    Trump’s campaign filed a lawsuit in federal court alleging Pennsylvania’s mail-in voting system lacked the oversight and verification applied to in-person voting and seeking an emergency injunction to stop state officials from certifying Biden’s victory in the state.
    The Trump campaign and Republicans have brought numerous lawsuits alleging election irregularities. Judges have already tossed out cases in Georgia and Michigan. More

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    Barr tells prosecutors to investigate 'vote irregularities' despite lack of evidence

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    The US attorney general, William Barr, has authorized federal prosecutors to begin investigating “substantial allegations” of voter irregularities across the country in a stark break with longstanding practice and despite a lack of evidence of any major fraud having been committed.
    The intervention of Barr, who has frequently been accused of politicizing the DoJ, comes as Donald Trump refuses to concede defeat and promotes a number of legally meritless lawsuits aimed at casting doubt on the legitimacy of the election. Joe Biden was confirmed as president-elect on Saturday after he won the critical battleground state of Pennsylvania.
    Barr wrote on Monday to US attorneys, giving them the green light to pursue “substantial allegations of voting and vote tabulation irregularities” before the results of the presidential election in their jurisdictions are certified. As Barr himself admits in his letter, such a move by federal prosecutors to intervene in the thick of an election has traditionally been frowned upon, with the view being that investigations into possible fraud should only be carried out after the race is completed.
    But Barr, who was appointed by Trump in February 2019, pours scorn on such an approach, denouncing it as a “passive and delayed enforcement approach”.
    The highly contentious action, which was first reported by Associated Press, was greeted with delight by Trump supporters but with skepticism from lawyers and election experts. Within hours of the news, the New York Times reported that the justice department official overseeing voter fraud investigations, Richard Pilger, had resigned from his position.
    “Having familiarized myself with the new policy and its ramifications,” Pilger reportedly told colleagues in an email, “I must regretfully resign from my role as director of the Election Crimes Branch.”
    Doubts about Barr’s intentions were heightened after it was reported that a few hours before the letter to prosecutors was disclosed, he met with Mitch McConnell, the Republican Senate majority leader.
    McConnell has so far remained in lockstep with Trump. Earlier on Monday he expressed support for the defeated president on the floor of the chamber. He said: “President Trump is 100% within his rights to look into allegations of irregularities and weigh his legal options.”
    As news of Barr’s memo circulated, social media lit up. “Here we go,” tweeted Stephanie Cutter, Barack Obama’s deputy campaign manager in the 2012 presidential race after the Barr memo was revealed.
    Mimi Rocha, a former assistant US attorney in the southern district of New York, decried the memo, saying it “negates DoJ policy re not getting involved til after election certified. Not good.” She added though that there were no “clear and apparently-credible allegations of irregularities”, as cited by Barr, and urged federal lawyers to “remain true to your oaths”.
    The Barr memo is the culmination of months of cumulative controversy in which the attorney general has proven himself willing to imperil the reputation for impartiality of the justice department by following Trump into his election-fraud rabbit hole.
    In particular, he has doubled down on Trump’s baseless claims about rampant fraud in mail-in voting. That included lying on television about an indictment for an electoral crime in Texas that his department later had to concede never took place.
    Barr’s intervention emerged shortly after the Trump campaign filed another longshot lawsuit in Pennsylvania, attempting to block the state from certifying its election results. It was the calling of the Pennsylvania contest on Saturday by media organisations in favor of Biden, who remains about 45,000 votes ahead of Trump in the state, that tipped the Democratic candidate over the 270 electoral college mark and awarded him the presidency.
    The new Pennsylvania lawsuit rehashes many of the already disproven claims that have failed to succeed so far in federal and state courts. The case hangs on the claim – posited without any new hard evidence – that voters were treated differently depending on whether they voted by mail or in person.
    The legal action also claims that almost 700,000 mail-in and absentee ballots were counted in Philadelphia and Allegheny county, both Democratic strongholds, without observers present. That complaint has already been repeatedly debunked.
    Josh Shapiro, the Democratic attorney general of Pennsylvania, dismissed the lawsuit as meritless. “I am confident Pennsylvania law will be upheld and the will of the people of the Commonwealth will be respected in this election,” he said. More

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    Trump has no intention of offering concession, campaign insists

    Donald Trump has no intention of admitting defeat in the US presidential election or offering Joe Biden his concession, his campaign insisted on Monday.“That word is not even in our vocabulary right now,” Jason Miller, a senior campaign adviser, told Fox Business.Trump has launched an array of lawsuits to press claims of electoral fraud and corruption for which he has produced no evidence. State officials say they are not aware of any significant irregularities.Biden cleared the threshold of 270 electoral college votes needed to win the White House on Saturday. He beat Trump by more than 4.3m votes nationwide, as Trump became the first president in 28 years to lose his bid for re-election.Biden delivered a victory speech in Wilmington, Delaware, on Saturday, then unveiled a coronavirus taskforce on Monday.Traditionally, the losing candidate calls and congratulations the winner, then delivers a concession speech that seeks to unite the country. But far from cooperating in a transition, Trump continues to falsely argue that he is the rightful winner and vow that his team will fight to the end in the courts, mounting long-shot challenges in several states.We’re going to go and pursue all these legal means, all the recount methodsIn his Fox Business interview, Miller said: “We’re going to go and pursue all these legal means, all the recount methods. We’re going to continue exposing and investigating all these instances of fraud or abuse, and make sure the American public can have full confidence in these elections.”Miller said he expected recounts in Georgia and Arizona, legal action in Michigan and Wisconsin and sufficient evidence to challenge the outcome in Pennsylvania.The legal offensive has flopped so far, with judges throwing cases out of court for lack of evidence. Trump’s campaign released a dozen emails on Monday seeking donations for an “official election defense fund”. But there was no indication that any new strategy would fare any better.In a separate interview Tim Murtaugh, communications director of the Trump campaign, told Fox Business: “We have high confidence that as the president pursues his lines of legal recourse – including the recounts in Georgia and Wisconsin, at least – we do feel like there is a runway for the president to win this and win re-election.”Murtaugh rejected reports that Trump plans to hold campaign-style rallies to push for recounts but promised “grassroots events” such as boat parades to protest against Biden’s victory, explaining: “People are upset.”There is no evidence of fraud in the vote count, which culminated in media networks announcing Biden as the winner.Trump’s improbable stand against reality appeared to be splitting both his White House and the Republican party.The president is reportedly being urged by his son-in-law Jared Kushner, lawyer Rudy Giuliani and Miller to keep pushing hard for recounts. The White House chief of staff, Mark Meadows, and aide David Bossie are said to be encouraging him to consider throwing in the towel.Melania Trump, the first lady, tweeted on Sunday: “The American people deserve fair elections. Every legal – not illegal – vote should be counted. We must protect our democracy with complete transparency.”Trump’s stranglehold on his party is such that only a small number have publicly acknowledged his defeat. Among them are the party’s only living former president, George W Bush, its defeated 2012 nominee Mitt Romney and two other senators, Lisa Murkowski of Alaska and Susan Collins of Maine.According to a count by the Washington Post, just eight Republicans in the House of Representatives have described Biden as the winner. The bulk of the party has backed Trump’s effort to pursue legal options or have endorsed his conspiracy theories.Pat Toomey, a Republican senator for Pennsylvania, told CBS News’s Face the Nation on Sunday: “Seventy million Americans voted for Donald Trump, and they and the president deserve to have this process play out. Now, I understand yesterday the media projected how this is going to end and the media projection is probably correct. But there is a reason that we actually do the count.”America’s interests depend on the federal government signaling that it will respect the will of the American peopleThere was a hint on Monday that the president might bow to the inevitable when the Axios website reported that he “had already told advisers he’s thinking about running for president again in 2024”.Trump would be eligible to run because presidents are allowed to serve two terms which do not to have to be consecutive. He won more than 70m votes this year, a strong show of resilience. In 2024 he will be 78, the age Biden will reach this month.Trump’s intransigence has raised fears of a bumpy transition, with little sign of him inviting Biden to the White House in the way Barack Obama held a meeting with him shortly after his shock 2016 victory.The General Services Administration is responsible for formally recognising Biden as president-elect, which begins the transition, but the agency’s Trump-appointed administrator, Emily Murphy, has not started the process or given guidance on when she will do so.During the election Trump refused to commit to a peaceful transfer of power and it remains unclear whether he will instruct his staff to cooperate with the incoming team, as custom demands.Jen Psaki, a Biden transition aide, tweeted: “America’s national security and economic interests depend on the federal government signaling clearly and swiftly that the United States government will respect the will of the American people and engage in a smooth and peaceful transfer of power.”The advisory board of the non-partisan Center for Presidential Transition urged the Trump administration to “immediately begin the post-election transition process and the Biden team to take full advantage of the resources available under the Presidential Transition Act”.Trump will remain president for more than two months. In a sign of business as usual on Monday, he fired his defense secretary, Mark Esper, while it was revealed that his housing secretary, Ben Carson, tested positive for Covid-19 after attending a crowded election night party at the White House. More

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    Diverse, union-powered Nevada county delivers again for Democrats

    For a brief moment last Friday, it appeared that Nevada could carry Joe Biden over the electoral college finish line.
    America was three days into its long wait to learn who would be its next president and all eyes were on the officials counting outstanding ballots in Clark county. Major news outlets interviewed anxious voters waiting in line with their photo IDs to “cure” their ballots, a process which allows them to resolve issues with their voting papers.
    In the end, it was Pennsylvania that on Saturday gave Biden the 270 electoral votes he needed to defeat Donald Trump. Decision desks called Nevada for Biden’s column soon after, and the Silver state limped out of the limelight as quickly as it had entered. But Nevada is still counting its votes, and as it works to finalize the tally, a picture is emerging of how its residents viewed this election and the challenges ahead.
    According to 5 November figures, Nevadans cast 1.28m ballots this election, surpassing raw voter totals from 2016. Approximately 93% of those votes have been counted so far, with Biden leading Trump by 36,163 votes. Trump supporters, too, came out in strong numbers. Early voting, same-day registration and new vote-by-mail provisions led to improved voter participation in many rural counties. The president has already surpassed his 2016 support in the state.
    Nevada has been slower than other states to count its votes. County election departments have been processing an influx of more than 600,000 mail-in-ballots, a record number due to a state assembly bill that expanded vote-by-mail during the pandemic. Those ballots continue to arrive, because state law allows counties to receive them until 10 November as long as they are postmarked on or by election day. The same law gives state registrars until 12 November to count them all. Add in a strict ballot verification process, as well as multiple lawsuits filed by the Trump campaign and the Nevada Republican party, and officials have had plenty of reasons to keep taking their time.
    “Our priority here is to make sure we are accurate in what we are doing. We are not interested in moving as fast as we can,” the Clark county registrar, Joe Gloria, said during a press conference on Friday.
    Just like in other states that are still counting, the Trump campaign has mounted legal challenges, without offering concrete evidence of its claims. For the past five days, Trump supporters have gathered outside the building where Clark county votes are being processed – some chanting, some praying, some armed – to “Stop the steal”. On Sunday afternoon, they were joined by Nevada’s former attorney general, Adam Laxalt, and Matt Schlapp, chairman of the American Conservative Union. In an afternoon press conference, Laxalt criticized the state’s newly implemented vote-by-mail system, stating it “simply did not have enough checks in it”.
    But there is no evidence of voter irregularities, and that Nevada would go for Biden was expected by many who study Nevada politics. Nevada has not gone red in a general election since George W Bush won in 2004. In 2016, the Democratic candidate Hillary Clinton defeated Trump by 2.4%. Based on his current trajectory, Biden will probably surpass that winning margin.
    For the past four presidential elections, the Democratic candidates’ success in Nevada has been rooted in the party’s ground game in the diverse, union-powered landscape of Clark county. This time around, the Biden campaign’s success was aided by one of the party’s most reliable allies, Culinary Union Local 226. Many of the union’s 60,000 members have been out of work since March. They organized anyway, but with pandemic precautions.
    The union, said Culinary 226’s communications director, Bethany Khan, in a press release, “was the first organization in Nevada to conduct safe door-to-door canvassing”. Culinary 226 organizers wore PPE, practiced social distancing, and conducted virtual meetings throughout their organizing efforts.
    “We found creative, deliberate, strategic ways to engage with voters,” said Yvanna Cancela, a senior adviser to the Biden campaign and Nevada state senator. “We knew it was going to look different than every other campaign, but the goal was always the same, which was to win.”
    In many ways, the state also represents the enormous challenges the country faces after the fanfare of election season passes. Nevada claims the second-highest state unemployment rate, at 12.6%. On Saturday, health officials recorded Clark county’s largest single-day increase in coronavirus cases since July. The state government is facing unprecedented budget deficits as a result of decreases in tourism-driven tax revenue. Without a second stimulus package that includes support for state and local governments, the state’s ability to provide relief for residents will continue to be strapped.
    The Trump campaign’s anti-lockdown message certainly spoke to many struggling Nevadans. Very few state economies have been as negatively affected by the pandemic, and the working class has borne the brunt of it. Still, Biden has maintained an edge. The majority of ballots that remain to be counted come from Clark county, the democratic stronghold that includes the city of Las Vegas, making it likely that Biden’s advantage will keep widening. More

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    The Guardian view on Johnson's Biden problem: not going away | Editorial

    The Irish question has played havoc with the best-laid plans of hardline Brexiters. Since 2016, successive Conservative governments have struggled to square the circle of keeping the United Kingdom intact, while avoiding the reimposition of a hard border on the island of Ireland. The border issue has been the achilles heel of Brexit, the thorn in the side of true believers in a “clean break” with the EU. So the prospect of an Irish-American politician on his way to the White House, just as Boris Johnson attempts to finagle his way round the problem, is an 11th-hour plot twist to savour.
    Joe Biden’s views on Brexit are well known. The president-elect judges it to be a damaging act of self-isolation; strategically unwise for Britain and unhelpful to American interests in Europe. But it is the impact of the UK’s departure from the EU on Ireland that concerns Mr Biden most. This autumn, he was forthright on the subject of the government’s controversial internal market bill, which was again debated on Monday in the House of Lords. The proposed legislation effectively reneges on a legally binding protocol signed with the EU, which would impose customs checks on goods travelling between Britain and Northern Ireland. In doing so, it summons up the spectre of a hard border on the island of Ireland, undermining the Good Friday agreement. Mr Biden is adamant that the GFA must not “become a casualty of Brexit”. He is expected to convey that message, in forceful terms, when his first telephone conversation with Mr Johnson eventually takes place.
    This is somewhat awkward for the prime minister. Mr Johnson badly needs to establish good relations with the new regime in Washington, ahead of crucial trade negotiations. In light of that, Mr Johnson may choose not to insist on the clauses relating to Northern Ireland when the bill goes back to the Commons. That would certainly be the wise move, although the noises coming from the government remain defiant. But the prime minister’s challenges in dealing with the coming regime change in Washington go well beyond Brexit.
    The personal dynamics between Mr Johnson and Mr Biden and his team are, to put it mildly, unpromising. The prime minister’s insulting remarks four years ago, about Barack Obama’s Kenyan ancestry, have not been forgotten. Mr Johnson seems to be viewed by many senior Democrats as a kind of pound-shop Donald Trump. There is also little regard for the consistency or sincerity with which Mr Johnson holds his views. At the weekend, when the prime minister instagrammed his congratulations to Mr Biden on his victory, a Biden ally witheringly referred to Mr Johnson as “this shape-shifting creep”.
    So in the race to make friends and influence people in the new Washington, Britain has the very opposite of a head start. The smart money is on Paris becoming the first European capital to receive President Biden. That reflects both good relations with Emmanuel Macron and a concern to rebuild diplomatic bridges, after four years in which Mr Trump rarely ceased to disparage and seek to undermine the EU. Mr Biden means to bring back a sense of diplomatic propriety and integrity to America’s relations with European friends and allies.
    Britain, having left the EU, cannot be a central player in this restoration project. But it can avoid making unforced errors. The government should urgently start to read the runes of new, more internationalist times. The politics of disruptive confrontation, as exemplified by the internal market bill, suddenly looks dangerously dated. When the Northern Ireland minister, Brandon Lewis, confirmed in September that the bill would break international law, senior Conservatives such as Sir Michael Howard and Theresa May expressed their dismay at the damage to Britain’s reputation that would result. They were ignored.
    But faced with an Irish-American president who is determined to rehabilitate relations with the EU, and is deeply suspicious of Mr Johnson’s Trumpian tendencies, to continue with the bill as it stands would be folly. With Mr Trump on his way out, Mr Johnson needs to sober up and start shifting some shapes on this and other matters. More

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    Loser! Voters revel in targeting Trump with one of his favourite taunts

    As the president refuses to concede defeat, there has been no shortage of people keen to tell him: ‘You’re fired’“Hillary, get on with your life and give it another try in three years!” This is how Donald Trump advised the failed Democratic candidate for president in 2017, but it seems he has been unable to heed the same advice. Related: ‘Make America rake again’: Four Seasons Total Landscaping cashes in on Trump fiasco Continue reading… More