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I would like to think the Dems were naive and that they didn't think the GOP would let the country burn. I might be naive in thinking that myself. I want to think that most didn't let it happen because they wanted to but didn't think the GOP would go this far. Of course when one party says they will not work with you at all why would you even try? That was true in Obama's day at least and I had no idea why he even tried.
It is obvious now like you said, if it isn't a law then the Dems shouldn't even bother. When Obama missed his opportunity for his SC pick (not that his pick was that good to begin with, it seemed to be an appeasement pick for the right) because it was too close to his end of term it didn't stop Moscow Mitch from letting Trump's pick go forward with just a week before the election. I really hope the Dems learned their lesson that the right will do whatever it takes to stay in power no matter the costs and stop appeasing them.
I feel we are losing because we are trying to do the right thing but if there is no law against it the Dems should do whatever they can to take the country back. They shouldn't be just asking for donations they need to do something. I have no idea if they have any legal means of doing anything with the GOP in charge but there could be other things. One idea I'm trying to get people to think about is getting together with the censored comedians and do a remember the first tour. If these comedians that have been censored by the networks show up to an event and some of the state Dems that were running were there that would at least get their names out. I would like to think that remember the first amendment might be a good unifier but I don't have any influence with anyone to make that happen. I'm trying to reach out to people but I personally don't know anyone high enough to get the word out.