The People Have Spoken

Posted: November 6, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , | 2 Comments

Yesterday the American people chose a new president for the next four years. I have been disappointed by election results in the past, but I have never feared for the future of our democracy like I do now with the election of Donald J. Trump and his mini-me J.D. Vance. I have always been optimistic about people in general and my fellow Americans in particular. That optimism has been shattered. I continue to believe (hope?) that when given a chance, individual Americans will do the right thing for a fellow human being. In the collective, however, my faith in Americans is gone. Apparently, given the results of the vote for president, the majority of Americans only care about looking out for themselves and “getting even” as aggrieved individuals and not about the greater good. Contrary to my previous opinions, as a nation, the majority of us prefer a racist, misogynistic, anti-semitic, egomaniac for president who given his resume could not get a security clearance, enlist in the military, or get hired by any self-respecting corporation. But the American people decided that he should have control of the nuclear launch codes.

There will be much hand-wringing, finger pointing and superficial analysis as to how we ended up here. I’ll let the Monday morning quarterbacks figure all of that out. My first blush opinion is one of two answers. Either the country was not ready for a woman of color as president (indicated by the fact that even in the reddest of states, 9 out of 10 of them had a majority vote to protect women’s reproductive rights and even where a Republican candidate won a Senatorial race they underperformed compared to Trump), or the majority of us wanted an autocrat for president. The truth probably is more complicated than that but the results remain the same. Our country wanted an unstable, mentally ill person as president. There is an old saying that we get the government we deserve. The people have spoken, and here we are. Many of his voters dismissed his most draconian, anti-American proposals as “jokes” or “exaggerations” or believe that the guardrails will keep him from his most dangerous actions. Personally, I think that those folks fooled themselves in order to justify their vote.

As I write, the MAGA party has control of the Senate and a good chance to keep the House of Representatives. If the MAGA party wins the House, there will be no guardrails keeping us on track, given that the Supreme Court has already said that a president is immune from prosecution. A president can only be impeached, which we all know will never happen with a MAGA controlled Congress. Scary.

The sky is not falling today. Or tomorrow. But I fear that a year from now we will be living in an America that none of us can imagine. I hope I am wrong.

My real worry is not that Trump will in fact carry out his “promises made, promises kept” pledge (so many of those promises are blatantly anti-American), but rather I am worried about the people around him who clearly have an agenda. I am not sure Trump even knows how our government works, but Vance and the Project 2025 gang absolutely do. They will meet their goals under Vance before Trump even shows up in the Oval Office about noon for a Big Mac and Diet Coke. Trump will be a willing vessel for anything that benefits him and he will not care much about anything else. Can you say “kleptocracy”? The zealots under Vance with their Project 2025 playbook are chomping at the bit to reshape our democracy to their vision. Robert Kennedy and Elon Musk as cabinet officials? Trump says “yes” and that they can do whatever they want. What could go wrong?

I am profoundly concerned, but I have not given up hope. There are millions of people that feel as I do and I do not think that we will go quietly into the night. It just is not clear to me right now as to the path forward in the darkness. But dawn always follows night.

Make America Hate Again

Posted: September 17, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , , , | Leave a comment

“We’re in the process of taking this country back. We are in the process of the second American Revolution, which will remain bloodless, if the left allows it to be.”

— Kevin Roberts, Heritage Foundation, primary author of the Project 2025 plan

Thank you, Kevin, for exposing just how violent a second Trump Administration will be. A more direct threat to democracy can rarely be found than exists in the sentiments behind this exclamation. We are supposed to let autocrats have their way with our democracy, and if we resist, then they will use violence to get what they want.

I intended to write a piece outlining the dangers in Project 2025 (found here: https://www.project2025.org/policy/) as exemplified in their roughly 900 page playbook called Mandate for Leadership: The Conservative Promise (found on the same website). It is intended as the foundation of policies to be implemented by the next Trump Administration and is wildly un-American. But check it out for yourself. Trump and his campaign loudly complain that he has no connection to the project and knows nothing about it. Which may be true, because I doubt that Trump has read any policy documents either as president or as a candidate. Regardless, at least 140 former Trump administration and campaign officials worked on the project including six former Cabinet Secretaries, four nominated Ambassadors and his former deputy chief of staff.

Instead of going blow by blow through the radical ideas espoused as future policies, the bigger picture is important as we see the stark differences between the campaigns of the two major party nominees. Project 2025 is really about people. There is a cliche in Washington that “personnel is policy.” To implement their plan, the forces behind the project intend to use a presidential Executive Order to change the status of over 10,000 government jobs from civil service positions to political appointees, firing all of those long time government employees. This is the way they plan to eliminate the “deep state” and put in place people that have pledged their support to Trump, not to the Constitution, whatever they may claim. This is the key step to creating an autocratic regime. If he is the president, Trump plans to pull in all independent and semi-independent departments, agencies, and commissions and place them under his direct control. The intent is to weaponize the government to go after those that he thinks are his enemies and to pursue policies that personally benefit him.

There will be no more guardrails to uphold our democratic tradition. If you think I am exaggerating, think about this. The Supreme Court this summer declared in Trump v United States that the president is immune from prosecution for any official act taken in office. They did not delineate the extent of “official acts” (a problem, but they left it to themselves to decide in the future what constitutes an official act). They did say that it was inherent in the Constitution that a president was immune from actions taken under the “core powers” delineated in that document. They also articulated two important additional cracks in the guardrails. Any official act is still immune to prosecution even if the president did not have any evidence of malfeasance or simply had bad intentions when, for instance, ordering the Attorney General to prosecute any of his political opponents. Additionally, they declared a president’s right to pardon anyone as “absolute.” Thus, the then thought ridiculous example of a president ordering SEAL Team Six to kill his political rivals and then pardoning them is no longer ridiculous, as Justice Sonia Sotomayor wrote in her dissenting opinion on the case. The president would be immune from prosecution because one core power is his ability to control the military as commander-in-chief. Remember that Trump wanted to use the Insurrection Act to put down demonstrators through military force and to help to keep himself in power in January 2021. Now he will be immune if he tries it again.

The Supreme Court, in my view, is no longer a trustworthy guardrail. Besides, does one really think that in the future Trump will abide by a Supreme Court ruling he does not like? Especially with a bureaucracy behind him that has only one goal in mind, keeping Trump in power? His favorite president is Andrew Jackson who ignored a Supreme Court decision in the 1831 case of Worcester v Georgia. The result was the “Trail of Tears” or the forcible relocation of Native Americans to western reservations. To me that sounds just a little too close to Trump’s promise to round up millions of immigrants, put them in camps, and then send them “back.” The courts in general are suspect when a Trump appointed federal judge threw out the case against him for stealing top secret war plans, nuclear information and other classified documents. Not because of the facts of the case but for some unprecedented legal finding about procedure that legal scholars had no idea was a thing. We are on flimsy ground.

Personally, I think that there are actually three campaigns underway. It is not Democrat vs. Republican vying for the presidency. It is a coalition in favor of democracy (quite the big tent when it stretches from Senator Elizabeth Warren (MA) to former Republican Vice President Dick Cheney) led by Vice President Kamala Harris against the MAGA autocrat wannabes led by Trump. The third campaign? It is the not-so hidden agenda of the Project 2025 folks that want to take our country back to a time when women stayed home in marriages (whether or not they were loved or even safe) to raise kids, minorities knew their place (and it wasn’t in positions of power or even voting), and rich white Christian males ruled over all. Sometimes benevolently, most times in their own interest. This group’s standard bearer is Senator J.D. Vance (OH) the Vice Presidential nominee.

Trump is merely a figure head for the movement. Trump is only interested in making money and keeping himself out of jail. He will do anything the movement wants as long as he keeps the trappings of the presidency (he really likes being called “Sir!”) and anything that helps him personally. He has no real policy agenda, merely a collection of slogans and insults. Vance is the hit man. He was the personal choice of those behind the Project 2025 movement. They were over the moon when he was selected as the Vice Presidential nominee precisely because he was firmly in their camp, would pick up the slack when Trump is writing love letters to Kim Jong Un, actually run the government (with the new tens of thousands of devotees in place) and, let’s face it, Trump is an older man in generally poor mental and physical health, and should he not finish out his term, J.D. is ready to go.

How millions of Americans support a man running for the presidency who is a 34 time convicted felon, been adjudicated as a sex abuser, twice impeached for abusing his office, led a multi-pronged conspiracy to overthrow a free and fair election to keep himself in power and tells lies with real consequences such as the suffering in Springfield Ohio where he lied about the legal immigrants in that city, is beyond me. I honestly cannot get my head around it. We know they are lies because this week on the Sunday talk shows good old J.D. said so. “If I have to create stories” to get attention from the media then, he promised, he is going to continue to do so. (From watching him on TV I’m not too sure how quick on his feet he may be. The first rule of fake news is to deny that it is fake news.)

Trump is totally and completely unqualified to even be mentioned in the same sentence as “president.” He could not enlist in the military and he could not get a security clearance given his background. Yet, here we are. The real story is the one many Americans are too sanguine to believe. They think that because we saved our democracy in 2021 that we will always have it rather than thinking about how those that tried to hijack our democracy have now had some practice and four years to get it straight. The danger is incremental and thus harder to identify. As a student and as an adult I always thought about how Germans in the early 1930’s allowed their democracy to be stolen. It did not happen over night. It was years of small changes and diminished freedoms until suddenly it was too late. And, no, I am not comparing anyone or anything to the Nazis. At least not yet. More like the fascists in Italy in the 1930s. We need to recognize the danger and especially take a close look at that second campaign using Trump as their cover. Those folks are not going away even if Trump loses the election. Besides, the whole lot of the MAGA/Project 2025 crowd are already telegraphing that they will not accept any outcome other than their own victory. It isn’t going to be pretty.

I worry when I hear things like this. A news reporter asked a group of voters in a focus group about Trump’s pronouncements that he will be a dictator on day one and that after this election we won’t have to vote anymore and all the other statements he has made that he will rule as an autocrat. The focus group’s consensus was that worries about losing our democracy are just hyperbole to “scare” people and are just Democrat’s campaign talking points. They concluded that as long as they could vote, we would have a democracy. Hmmmm. I suppose Russia really is a democracy along with the People’s Republic of China and the Democratic People’s Republic of Korea. Not only do they vote but they even have the word “republic” in their country’s name!

What could go wrong?

Abandon The Truth And Lose Democracy

Posted: January 6, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , | Leave a comment

“Don’t it always seem to go, that you don’t know what you’ve got ’til it’s gone.”

— Joni Mitchell in “Big Yellow Taxi”

Today marks the third anniversary of the insurrection designed to keep Donald J. Trump in office. Yesterday, President Joe Biden gave a speech in Valley Forge Pennsylvania reminding all of us that the attack that day was anti-American and against all of the values that we say we stand for in our country. He also reminded us that without due diligence, it will happen again. Sadly, he is correct.

The effective propaganda campaign waged by the Insurrectionist-in-Chief and his accomplices in the U.S. House of Representatives and the right-wing media is astonishingly effective. The Washington Post made headlines this week when it announced that in a Washington Post-University of Maryland poll, twenty-five percent of Americans believe that it is “definitely” or “probably” true that the FBI instigated the assault on the Capitol. Even more astounding and dangerous to me is that in that same poll, seventy-seven percent of Trump voters are “not sure” or “definitely” believe that the FBI organized and encouraged the attack.

As we start the new year, it seems that our collective optimism that a new year can bring new and improved elements to our lives, is, I am afraid, misplaced. Apparently, the MAGA attempts to destroy our country so that a “strong man” (hint, hint) can take charge and straighten out our nation’s course are going to continue and where possible, are doubled down. Let’s start with the House of Representatives. The MAGA Republicans (essentially all of those Republicans in the House) are holding hostage a bill to provide aid to Ukraine, Israel, Taiwan and our southern border until all of their demands (which coincidentally exactly match Trump’s) are met. For good measure, they are threatening to fail to act to keep the government open when the current continuing resolution (CR) partially runs out on 19 January 2024. (The CR is in two parts for different government functions. The other runs out on 2 February,) While Republicans in the Senate negotiate with Senate Democrats and the president, the House leadership refuses to participate and Speaker Mike Johnson (MAGA-LA) supports the most extreme demands of his caucus. 

All of which ignores the fact that the president and Democrats in the House and Senate all agree that we need to strengthen the border and have asked for roughly fourteen billion dollars to hire new Custom and Border Patrol (CBP) agents and asylum judges, provide aid to border areas dealing with the influx of migrants and to take other measures to strengthen the border. This is not enough for the Republican House who demand, among other things, restricting asylum requests and detaining those seeking asylum until their case is heard (currently that could be years), building Trump’s border wall (while over-riding any environmental or historical concerns and allowing for non-negotiable rights of imminent domain to confiscate private land for the wall), rolling back current protections for immigrant minors, and they want to preclude any reforms to the immigration system such as paths to citizenship or legalizing “Dreamers” (immigrants that were brought into the country as young children and now have lived, gone to school and worked in the United States and are, for all practical purposes, Americans.) There is more in their plan codified in House Resolution 2, but you get the idea. 

In sum, the House under the leadership of a MAGA Speaker refuses to help Ukraine fight Russia, provide needed assistance to Israel and Gaza, support Taiwan against an ever increasingly aggressive China, and provide needed assistance to our own border. But of course, they do not really care about the border. It is only a cudgel to be used to campaign against Democrats in general and President Biden in particular. Or as Texas MAGA Representative Troy Nehls said this week about the president’s border proposals, “Let me tell you, I’m not willing to do too damn much right now to help a Democrat and to help Joe Biden’s approval rating.” A great American. The issue is not solving the border problems, it is winning an election.

Speaking of such, let us return to the insurrection that increasing numbers of Americans believe is either fake, or “no big deal.” The story is a familiar one but worth repeating. Trump won the Electoral College in 2016, but as you will recall, he lost the popular vote. Immediately he called “fraud” “rigged” and claimed that there were gross improprieties in the way the results were tabulated. He then put together a national commission to prove that there was voter fraud in the 2016 election. The results of the investigation? Crickets. There was no fraud. The commission quietly disbanded. In Trump world, very little is new or original so he used the same script in 2020. Only this time he lost both the popular vote and the Electoral College. As president he tried to marshal all the resources at his command to upend the results and remain in office. When those efforts failed to work, he instigated an insurrection and gave “aid” and “comfort to the enemies” of the United States. 

Here is the through line. From the beginning Trump claimed that the “deep state” and “Democrats” did not want him to be president because he would fight for the “little guy.” He made that argument in 2016, again during his presidency, and in 2020. Those lined up against the little guy would do anything to keep him from becoming president again. He has been consistent over the last three years in claiming that the 2020 and 2016 elections were rigged. Any effort to debunk that claim is derided as being part of the conspiracy to keep him from office. Thus the insurrection was dialed up by the FBI, the courts are against him, he is unfairly being kept from what is rightfully his (and his cult followers) and on and on and on. It becomes a self-fulfilling prophecy, a continuing spiral. Everything is rigged and you, the common person, are getting screwed because you are not getting what you deserve and I will give it to you. When someone is in the cult, it all makes sense. Swallowing wholesale the idea that the establishment does not want Trump in power results in everything else that happens to him make sense. It is not his fault, it is the deep state out to get him. For true believers (and there are millions, but there are also politicians that don’t buy any of that junk but see a path to their own power — more despicable than the believers) it all makes sense.

Very dangerous.

Which leads us to the Supreme Court agreeing to hear Trump’s appeal of the Colorado court’s decision to invoke the 14th Amendment, Section 3 finding that he was part of an insurrection against the United States and therefore ineligible to hold office. 

For a minute, I have to pause. Which one of us would ever think that it was necessary to go to court to stop a major U.S. political party candidate from running for president after instigating an insurrection? The mere thought of it is absurd. In my mind it would be inconceivable that anyone that tried to overthrow the government would be a leading candidate for president. Or at least it would have been for most of my life. I used to think about some folks in our country and their actions and say “this is not who we are” as a nation. Now, given that millions of people, knowing all of the facts, still support a man that tried to overthrow our government, I am beginning to wonder. Maybe this is who we are as a nation.

My own view is that the Supreme Court will find a technicality to keep Trump on the ballot without actually addressing whether or not he fomented an insurrection and subsequently gave aid and comfort to the insurrectionists. If that happens, then we have lost our way as a nation. Even now, Trump calls the insurrectionists “patriots” and “political hostages.” He vows to pardon them and have government officials apologize to them. He promises revenge and retribution to get even with his perceived enemies. 

Let’s quickly review the facts. More than 140 police officers were injured that day. To date 1,240 individuals have been charged with federal crimes relating to that day, 452 of them for assaulting law enforcement officers and roughly 900 have been convicted in a trial or pleaded guilty to their crimes. For 187 minutes Trump sat on his butt and refused efforts as Commander-in-Chief to take action to stop it, which in my professional career constitutes a gross negligence of duty. Obviously his oath to “preserve, protect and defend” the Constitution means nothing to him. This man has no socially redeeming value to our country. And yet, he has a chance of being elected our president and becoming a “dictator” on day one, as he publicly promised. 

Some people are upset that the courts may decide that Trump is ineligible to run for president. Let the voters decide at the ballot box, they say. I say why? He has already proven that he will not accept the results of any election unless he wins in a landslide. He has tried since 2015 to actively undermine our democracy. He led a coup for goodness sake! What makes anyone think that he will follow any rules, regulations or “guardrails”? He will not. He does not deserve to run for president much less to serve. Is it undemocratic to disallow Barak Obama or George W. Bush from running? They would be popular candidates today and many people would vote for them. They cannot of course, because the Constitution says that they cannot. The same Constitution applies to Trump. I am tired of him getting special consideration that you or I would not get. Frankly, I am just tired. The man is ruining our country, wholly aided and abetted by weak people in the Republican MAGA party that are literally physically afraid of him or that have sold their souls for a smidgeon of power.

Too many people think that “it can’t happen here.” All of the evidence is right in front of our faces. It can happen here. It is happening here. There are forces at work to destroy our country in order to rebuild it in their image of a white, “Christian,” male dominated society where the “right people” dictate to the rest of us as to how to live our lives. Trump just happens to be their standard bearer. Stopping him will put a crimp in their plans but it will not stop their efforts when a new Trumpian figure is in place. The bulk of the Republican party no longer is the party of small government, state’s rights and limited spending. They still talk that game but their actions show that really they want a large monolithic government that dictates the life choices, health care, education, even what books to read for our fellow citizens. It is their way or the highway. Otherwise you and I are “vermin” “poisoning the blood” of America. Believe what they tell you.

For 246 years we have had a pretty good ride as a democratic republic that values the freedom of individuals. Ours is not a perfect union, but throughout our history we strived “to form a more perfect union.” We sure will miss it if we lose it.

“A Republic If You Can Keep It”

Posted: December 21, 2023 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , | Leave a comment

In a 4-3 vote on 19 December 2023, the Colorado Supreme Court reached a momentous and far-reaching decision. Citing Section 3 of the 14th Amendment, they deemed that Donald J. Trump was ineligible to be president again because he engaged in an insurrection on 6 January 2021. This decision raises many perplexing questions that could impact the future of our democratic republic.

The 14th Amendment was enacted in 1868 to solidify the civil rights gained through the Civil War. Primarily, it protects the rights of all Americans by addressing the basic tenets of citizenship in the United States. Perhaps its most cited sections concern birth-right citizenship and equal protection under the law found in Section 1 of the five sections. Section 3 is included to prevent former Confederates from holding state or federal office and reads as follows:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”

The Colorado decision will undoubtedly be appealed by Trump’s lawyers to the Supreme Court of the United States (SCOTUS), as I believe it should. While current “conservatives” push state’s rights, our system will not function if each state decides for itself what criteria are necessary to run for president. The question is how quickly the SCOTUS will hear the case. The Colorado court stayed its decision until 4 January 2024, unless the case is heard by the SCOTUS before then. The date reflects a 5 January deadline for printing the state’s primary ballot. There is precedent for a quick SCOTUS decision regarding presidential ballots as found in the 5-4 decision in 2000 that effectively handed George W. Bush the presidency in the case Bush v Gore.

Before moving forward with this piece, there are a few things to say up front. I am not an attorney and certainly not an expert on the Constitution. I do, however, have a brain and believe that this section of the amendment is pretty straight forward in its language. I must also add that this case in not the result of far left wing radicals or an attempt by Democrats to derail the Trump campaign. The plaintiffs in the case are five conservative Republicans and an independent voter. The original arguments for applying the 14th Amendment to Trump came from some of the most conservative judges in the country, including members of the Federalist Society. It remains relevant to remember that the ruling disqualifies Trump from the ballot. It does not impose any punishment or result in a conviction for a crime. As is often cited, he is not qualified under the 14th Amendment just as he would not be qualified if he failed to meet the other requirements for the presidency under the Constitution (at least 35 years old, a natural born citizen and lived in the country for at least 14 years).

It would be easy to get down in the weeds and parse every word of Section 3. I am sure some will do exactly that. It seems to me that there are a few salient points that address the issues in larger ways through these main arguments. 

Is the president an “officer of the United States?” Common sense and logic say yes. Why would the Constitution disqualify an insurrectionist from every office requiring an oath to the Constitution, except for the highest office in the land and the one most susceptible to danger from insurrection? The counter argument is that the Constitution often references specific requirements, duties or official actions for office holders. The President and Vice President are not listed in Section 3 by name so therefore they cannot be disqualified for being insurrectionists. This just does not pass the logic test. It does not even pass the Trump logic test. In other court cases he is arguing that he is immune from prosecution as an officer of the government, but here, he claims not to be. 

Another area of dispute involves the boundaries of what exactly constitutes an insurrection. Was the attack on Congress on 6 January an insurrection? And if it was, how is Trump as president responsible for the attack or giving “aid and comfort” to it? To me, the actions Trump took for days and weeks leading up to the attack clearly demonstrate his intent and clear actions to prevent the peaceful transfer of power. The counter argument is that Trump has never been found guilty of engaging “in an insurrection or rebellion,” indeed he has yet even to be indicted for insurrection. Therefore, the argument goes, he cannot be disqualified. The Colorado Supreme Court and the lower court before it, studied the available, exhaustive investigations into the attack and unequivocally declared it to be an insurrection. I am with them.

Some argue that the disqualification would be imposed without due process. Again, I am not an attorney but it seems that Trump had lawyers in the court room presenting the case for his continued eligibility. They presented arguments as to why the Constitution should not apply and provided evidence to support their case. They will have the same opportunity in front of the SCOTUS. What more do they want?

Other arguments against the disqualification include questions concerning whether or not the provisions in this amendment are “self-executing.” In other words, is it a provision that can stand on its own and that can be enforced without any other action or laws required? There are a number of self-executing provisions in the Constitution, especially in the designation of powers of the three branches of government. Partly, this is about what exactly is an insurrection or rebellion. Should it be defined in law with specific consequences clarifying the 14th Amendment?

These are the broad outlines of the legal arguments swirling around the Colorado decision. The real fall out, of course, is political. Many MAGA and Republican luminaries are arguing that Trump’s fitness and qualifications for office should be decided at the ballot box. It is, they shout, un-American to keep the people from voting for the candidate of their choice. When I stop laughing, it might be worth noting that Trump tried, and continues to try, to do exactly that. He still claims he won the 2020 election and worked hard (including an insurrection) to keep the will of the voters from coming to fruition. He already tried to overthrow the government! He tried to prevent the duly elected president from taking office! How can that be any more un-American or anti-democratic? One might argue that disqualifying him from the ballot is actually the most pro-American, pro-democracy act we could imagine. The court system works “without fear or favor!”

(Note: In a future piece I plan to address Trump’s attacks on the judiciary, of which this is one more. The main institution that saved our Republic after the 2020 election was the courts. Trump is now working as hard as he can to disrupt, destroy and de-legitimize our court system. If he succeeds, there will be no guard rails to save our democracy should he prevail in 2024.)

The vast majority of the original citizens impacted by Section 3 of the 14th Amendment were never indicted or tried for insurrection or rebellion. There were no Congressional laws defining how the amendment should be applied. Why must we always bend the system to fit Trump’s desires and demands?

I hope that the Justices decide the case purely on legal and Constitutional grounds while ignoring the crescendo of pro-Trumpers that will put tremendous pressure on them to “stay out of politics.” Screaming “separation of powers” and all of that. I do not see how the SCOTUS can ignore the political and social ramifications of any decision they make. It will be viewed as a political decision, whichever way they go. My guess is that they will decide the issue on a narrow technical aspect of the law and the Constitution. As some suggest, they may hang their hat on the final provision of the section and decide that since the Congress can override a “disability” with a two-thirds vote of each House, then this is really a matter for the Congress to decide and the courts should stay out of it. 

In the end, we will be further down the road of dysfunction and division. 2024 will be wild. Be there.

Many Of Us Are Vermin

Posted: November 13, 2023 | Author: | Filed under: Uncategorized | Tags: , , , , , | Leave a comment

“We pledge to you that we will root out the communists, Marxists, fascists, and the radical left thugs that live like vermin within the confines of our country that lie and steal and cheat on elections. They’ll do anything whether legally or illegally, to destroy America and to destroy the American Dream.”

— Donald J. Trump speech on Veteran’s Day 2023

In case it is not clear, the ex-president is referring to anyone that voted against him or that does not personally show their loyalty and devotion to him. Not to the Constitution. To him. In case he was not clear enough, he went on to say that “the threat from outside sources is far less sinister, dangerous and grave than the threat from within. Because if you have a capable, competent, smart, tough leader, Russia, China, North Korea, they’re not going to want to play with us.” Since I absolutely do not support the ex-president, I suppose that makes me more of a threat to my fellow Americans than Putin, XI or Kim. Who knew? And I guess that makes me, and many of you that read this blog, vermin. What happens to vermin? They get exterminated. This is not the first time that the ex-president and future hopeful dictator has used dehumanizing terminology about his political opponents, just like in Europe in the 1920s and 30s.

Hyperbole, you say? Trump being Trump, you say? I agree that it is Trump being Trump — Trump telling us what he plans to do should he get elected in 2024. As I’ve written in this space before, history reveals that dictators and autocrats tell the world of their plans before they implement them. They do not always succeed, but that doesn’t mean they don’t try. Plans are already in place and workers are already being recruited to take over the government in 2025 when Trump, or someone like him, takes over the presidency. If you doubt it, take a look at the tenets of the 2025 Presidential Transition Project commonly referred to as Project 2025. Under the auspices of the Heritage Foundation, future members of the Trump administration are putting together their playbook to take over the executive branch of the government “on day one.” The planners are adherents of the “unitary executive theory.” This theory posits that the president controls the entire federal executive branch (there are no independent agencies such as the Department of Justice, Federal Reserve, Federal Communications Commission, etc.) and that Congress cannot limit a president’s control over the executive branch because the Constitution established them as totally separate branches.

The plan has four pillars. Pillar One: Mandate for Leadership. This is a roughly 900 page book that reveals the methods to realign the administrative state and to implement specific policies. Pillar Two: People Are Policy. The “deep state” thwarted the ex-president from implementing his desired policies and activities in his first term because federal workers are inherently “liberals”. Therefore, their argument goes, they must be replaced by people that are loyal to “conservative” (Trumpian) principles. There is already a data base for future federal employees that have been scrubbed and vetted to ensure their loyalty to Trump and his views. They will replace the workers currently in the government. The goal is to have 10.000 workers ready to go to work in the federal bureaucracy on Inauguration Day. Several thousand have already been selected. (You can apply here, if you are so inclined.) Pillar Three: Training. Online courses (later, in person courses will be added) are available now in subjects such as Conservative Governance 101 and Conservative Governance: Advancing Policy. Pillar Four: Executive Orders. This section instructs future administration officials as to what, and how policies are made through executive orders. It helpfully supplies an appendix with templates for such orders impacting a variety of policies.

Among other things, this project tells me that Trumpism will survive Trump. The pillars support Trump’s view of government, but any MAGA Trump impersonator that gets elected president will be using this same approach to governing.

As the MAGA politicians feel more comfortable with their chances of winning the election, they have become more comfortable with pronouncing their plans for a Trump (or suitable substitute) administration. Besides rooting out the vermin among us, their greatest hits include the following:

  • Investigating with the intent to prosecute those critical of him including former administration members General John Kelly, Attorney General William Barr, White House Counsel Ty Cobb and General Mark Milley, to name a few.
  • Executive Orders to deploy the military domestically on Inauguration Day under the Insurrection Act.
  • Achieve retribution by arresting his political opponents including President Biden and his family. They are doing it “so I can do it too.”
  • Pardon the January 6 insurrectionists who he claims are political “hostages.”
  • Appoint only sycophants to the Cabinet.
  • Reimpose and expand the “Muslim ban.”
  • Designate drug cartels as “unlawful enemy combatants” and use U.S. military special forces to enter Mexico and attack them.
  • Deputize local law enforcement and federalize the National Guard to seek out and round up millions of immigrants. placing them in newly built “camps” until they can be deported.
  • End birthright citizenship enacted in the 14th Amendment.

The list can go on and on. Remember, this is the guy that says that Article II of the Constitution gives him the power “to do whatever I want.” He is building a government in waiting that believes that is true. Of course, this is also the guy that is still whining about losing the election and saying that because of “massive fraud” it “allows for the termination of all rules, regulations and articles, even those found in the Constitution.”

The election is a year away. A lot can happen in a year. Yet, I am flabbergasted that millions of people think that the ex-president should be back in office. Given that some are delusional, some are hood-winked by the grifter-in-chief and some truly pine for an autocratic leader that will “restore” our white, Christian nation, there are still way too many people that say they support Trump. It is too early to worry about polls. At this state of the game people will express their political anger and unhappiness by expressing support for unpalatable candidates. When they get into the voting booth, most of the time, they reevaluate their choices, especially when our democracy is on the line. None-the-less, Trump clearly thinks he is the anointed one and is preparing accordingly. With lots of help.

This is not a “the sky is falling” piece. The above is a factual statement of what the MAGA folks say out loud that they want to do to our country. They are proud of what they want to do. Trump started a movement that will probably continue — at least for awhile — without him. If he sticks around, he will have lots of help. The “Republicans” in the House of Representatives are a fully owned subsidiary of Trump, Inc. They will aid and abet him. Numerous state legislatures around the country are totally in the Trump camp. They will aid and abet him. (Take the case of Ohio where voters overwhelmingly voted for an amendment to their state Constitution allowing the right to an abortion. The legislature is now working feverishly to pass legislation to eliminate any role for the judiciary in interpreting the new amendment. Only the legislature will be able to do so and they intend to put into law draconian conditions for obtaining an abortion, thus effectively eliminating it in the state despite the will of the majority.)

Some observers are not worried about Trumpian rule because, they say, the MAGA crowd tried to overturn the 2020 election and failed miserably thanks to the courts. What if Trump and his supporters refuse to abide by court decisions? How does it get implemented? What restrains him? Trump is already working overtime to undermine confidence in our judicial system. He constantly derides the judges, prosecutors and juries that try to hold him accountable. He is systematically trying to delegitimize the rule of law. In the end, court decisions only have meaning if law abiding, moral citizens abide by them. Trump and his supporters are neither law abiding nor moral. Already we have an example in our history when both President Andrew Jackson and the state of Georgia ignored a Supreme Court decision in 1832 (Worcester v Georgia). Referring to the Chief Justice, President Jackson is said to have stated, “John Marshall has made his decision, now let him enforce it.” The president then went ahead and did exactly what he wanted to do. Jackson is one of Trump’s role models.

Finally, I have no doubt that Trump and his supporters will try to disrupt and suppress the vote in 2024 by any means at their disposal. As Trump continues to dehumanize those that oppose him, it becomes more likely that political violence will spread in our country. It happened in 2020, how can we be so sanguine as to believe it will not happen again, even if we are better prepared?

In that regard, Trump and his acolytes are already telling us about the draconian measures they will put in place if he wins. What we should think about is the fact that they are not telling us what they plan to do if he loses.

Dysfunction Or Destruction?

Posted: October 23, 2023 | Author: | Filed under: Uncategorized | Tags: , , , , | Leave a comment

Tomorrow, it will be three weeks since the United States of America had an actual Speaker of the House of Representatives. On 3 October, Republican Representative Kevin McCarthy (CA) was voted out of his position as the Speaker due to a revolt of the hard right MAGA Republicans. They were enraged that he worked to pass a bipartisan continuing resolution (CR) to keep the government operating until 17 November of this year. For those zealots, doing anything with the support of Democrats is unacceptable. In this case, it was, to them, an outrageous breach of faith that Mr. McCarthy worked to allow the government to continue to operate without their hard right policies in place. Since then, the Republicans (the majority party in the House is always responsible for choosing the Speaker) have floated a number of options for choosing a new Speaker, including giving the current Speaker Pro Tempore Representative Patrick McHenry (R-NC) more power to enact some basic legislation. (Under the current rules, the Speaker Pro Tempore can only preside over the election of a permanent Speaker.) Complicated, it is. The only good thing that has happened so far is that Representative Jim Jordan (MAGA-OH) failed three times in his attempt to bully, intimidate, and threaten his way into the Speakership.

Democrats have consistently and unanimously voted for Representative Hakeem Jeffries (D-NY). Note that he gets more votes than any Republican so far (it takes a majority of 50% plus one to be elected). Mr. Jeffries continually floats bipartisan proposals to solve the crisis, but Republicans refuse to allow Democrats to participate (see above and the impact on Mr. McCarthy when trying to use bipartisanship).

As I write, nine Representatives have thrown their hats into the ring to attempt to convince their colleagues that they should take the gavel. I will note that only two of those running voted to certify the election of President Biden in 2020. It would seem that acknowledging the results of a free and fair election would be a prerequisite for the job which is second in the line of succession to the presidency, but it is not in the current state of the party formerly known as the Republican Party. This does not bode well for certifying the 2024 election results should their preferred candidate lose.

As the old saying goes, “pay backs are hell!” This past week numerous Republicans and their families were the recipients of death threats, vile insults, intimidating emails and other actions that are part and parcel of the MAGA playbook against their perceived “enemies” (fellow Americans) because they would not support Mr. Jordan as Speaker. They were aghast at what they heard and appalled that it happened. Hmmm. I don’t recall any of them standing up and expressing their outrage when political violence was threatened by an ex-president and his MAGA acolytes against those in the other party, the Department of Justice, FBI, or judiciary, to name but a few of their targets.

The main question I now have is whether the Republican Party’s inability to preform the most rudimentary of parliamentary duties is a result of their dysfunction or is it a deliberate attempt at destruction? There are a solid block of the hard right in the caucus that are perfectly happy to knee cap the democratic process and thereby prevent the most basic of government functions to take place. If past performance is indicative of future results, then I opine that although not planned, the current state of affairs fits perfectly into their scheme to burn it all down and start over under autocratic rule with a certain ex-president in charge.

The world is on fire with serious conflicts in Europe and the Middle East that each have the potential to blow up into wide-spread wars impacting our own national security. The government shuts down because of the lack of spending authority in about four weeks. All funding for the military, foreign aid, government functions, etc. originates in the House of Representatives, which can take up no legislation without a Speaker. Layer on top of that Republicans in the Senate holding up promotions for over 300 senior military officers and the Ambassadors to Israel and Egypt, as well as other ambassadors, in the midst of an explosive crisis.

Such actions have serious domestic and international consequences. The lack of the House to get itself in order is not only a national embarrassment, it sends exactly the wrong signal to our adversaries and undermines our claims that democracy is the best form of government on the planet. Putin, Xi, Kim and others are loving it.

Meanwhile, an ex-president is openly admiring our adversaries, mocking our own men and women in uniform and generally running amok as he pursues his personal wealth and power.

Even the most casual observer of our domestic political turmoil would recognize that the Democrats are interested in, and capable of, governing even if one may disagree with particular policies. That same observer would also recognize that as a party, Republicans either have no interest in, or ability to, govern. Governing requires positive actions. The MAGA crowd, and those Republicans that refuse to stand up to them, have only negative actions to sustain them. They are against a lot, but there is little to nothing that they are doing to move the country forward.

At the risk of sounding like a doomsayer, I do not see things getting any better leading up to and beyond the 2024 election. Political violence and dysfunction are part of the MAGA playbook. There will be serious attempts to disrupt the elections and we already know that the MAGA followers will not accept the results of any election that they do not win. We had one failure of imagination in that no one expected an attempted coup in our country. It happened. Given the current state of affairs fomented by one man and his followers in and out of Congress, I have little expectation that things will improve over the coming year. Dysfunction or destruction? It does not matter. The results are the same.