Party Over Country

“…former President Trump has become citizen Trump…”

–U.S. Court of Appeals for the DC circuit ruling rejecting Trump’s presidential immunity claim

Although the Court of Appeals categorically denied Trump’s claims of “absolute immunity” as a former president, a decision expected to be appealed to the Supreme Court, he continues to act as if he is above the law and continues to try and destroy our country for his own political and monetary gain. His latest power play is the trashing of a significant bipartisan bill put together by Senate, White House and Department of Homeland Security (DHS) negotiators that provides much needed immigration reforms, beefs up security on our southern border and sends crucial aid to Ukraine, Israel, Taiwan and humanitarian assistance in war torn parts of the world. 

The 118 billion dollar Emergency National Security Supplemental Appropriations Act, primarily negotiated by Senators James Lankford (R-OK), Chris Murphy (D-CONN) and Kyrsten Sinema (I-AZ), was touted as the best border security bill to come out of Congress in decades. It died a shameful death in just over 24 hours. Here is what that means.

In October 2023 President Joe Biden asked for supplemental appropriations to assist Ukraine in its existential war with Russia and to bolster Israel in their war with Hamas and to help Taiwan defend against Chinese aggression. The Republican Speaker of the House Mike Johnson (MAGA-LA) flatly refused to consider any aid overseas without first taking meaningful steps to secure the border. Multiple Senate Republicans joined in to express their support for reforms on the border before acting on the request to aid Ukraine and the others. President Biden agreed and the Senate went to work to hammer out a bipartisan deal. After four months of nearly continuous work, and despite multiple attempts by MAGA supporters to undermine the act without even knowing what was in it, the negotiators unveiled the finished supplemental on Sunday night this week. Before it was fully read and digested, the leadership of the House declared it “DEAD on arrival in the House.” (The caps were in their actual statement. Hmmm. Someone else deals in all caps.) As Senator Murphy lamented, on Sunday night there were 20-25 Republican Senators that said they would support it and vote for it. By Monday night there were only four. What happened?

Trump happened.

Trump put out the word that anyone that voted for the supplemental act would be the target of his retribution. As a result, there was no vote in the House and a procedural vote in the Senate to move to debate over the bill failed. Before Monday night, a notable number of Senators from both parties considered this bill to be the best chance to enhance border security in decades. And then it was gone. Along with aid to Ukraine, a country desperate for supplies to counter the Russian invasion. There were no profiles in courage this week. To underscore the magnitude of the reversal, Republicans got nearly everything that they could hope for in a border bill. Frankly, I believe that they were shocked by how much they got. In past negotiations, Democrats had demanded a path to citizenship for Dreamers and others, but not in this bill. The Democrats agreed that there was a crisis on the border and were looking for concrete measures to improve the system. Additionally, many of the Democrats were focused on our commitments to our friends and allies in Europe and around the world believing that aid to counter Russia and China was paramount. They were willing to deal. 

Republicans could not take yes for an answer.

Why would Trump kill it? For several reasons. First, he does not really want to solve the crisis on the border. In many ways, it his identity as a demagogue and provides the fodder to rant and rave about the “others” “invading” our country. If the crisis is solved or even alleviated, he has nothing to run on. By arguing that he can get a better deal when he is president (he can’t — as proven by four years of his presidency) he can continue to argue that the country is being overrun and that it is the Democrats’ fault. Recall the other debacle that took place Tuesday night when the House tried to impeach Secretary of Homeland Defense Alejandro Mayorkas and failed. (They will keep trying until they succeed.) There was no Constitutional basis to do so. It was merely political theater to try and agitate about the border crisis. The very border crisis that they refuse to do anything about. Clearly, the MAGA Republicans and those too afraid to resist them are putting party over country. More specifically, they are putting one man over the needs of our nation. As the Circuit Court identified him, he is citizen Trump. He has no legal or moral authority to dictate anything to the Congress of the United States.

This leads to the other reasons why citizen Trump torpedoed the bipartisan bill. He did it to show that he can. This may be the most dangerous of all the reasons. He demonstrated that in or out of office, he controls the Republicans in the Congress and as a result, given that the Republicans have a majority in the House and very little can get accomplished in the Senate without a filibuster proof majority of Senators, he dictates what gets accomplished in the Congress by vetoing any progress. Trump is laying the groundwork for his autocratic rule in the future. 

Likewise, Trump is pro-Putin, pro-Xi and he sends love letters to Kim in North Korea. Aid to Ukraine would run counter to his support for Putin and Russia. Many of his MAGA supporters are likewise enamored of Putin and other “strong men” around the world. ”America First” means withdrawing from NATO and other alliances around the world. Trump is demonstrating to the world that the U.S. cannot be counted upon to meet its commitments and will turn away from our friends in need. Like it or not, without U.S. leadership, the forces of evil in the world have an ever increasing chance of prevailing. The Russian invasion of Ukraine is a prime example. It is a “pay me now or pay me later” proposition. Should Russia prevail in Ukraine, other nations are next on the list. But do not take my word for it, take a look at Finland and Sweden. Both nations rebuffed offers to join NATO for nearly 75 years. They know Russia. Since the invasion of Ukraine, Finland joined NATO and Sweden is in the process of doing so. They recognize the danger from an expansionist Russia. 

Add to the picture that Trump is pushing his acolytes to remove Senator Mitch McConnell (R-KY) from his leadership position in the Senate. Why? Because he deigned to work with Democrats on bipartisan bills. Trump is also pushing to remove Ronna McDaniel the current head of the Republican National Committee (RNC) because even though she has let Trump do pretty much whatever he wants, she is now considered not MAGA enough. Trump wants a puppet as the RNC chair so that he has absolute control over the political levers of the party. Additionally, he is already using his “rigged election” mantra in Indiana claiming that Nikki Haley, his only remaining opponent for the presidential nomination, is illegally on the primary ballot there. He wants her removed and if she is not, then obviously “they” are trying to steal the election. 

Put all of these pieces together and one can discern that citizen Trump, with no actual role in government, is building the will and the political infrastructure to do as he pleases in our country. His efforts are insidious but ever present. 

We are in for a bumpy and dangerous year.


Where Are The Pesos?

(With a bow in the direction of Steve Schmidt, the former campaign manager for Senator John McCain’s presidential bid, for the title.)

Last night the president gave a speech to the nation about the alleged crisis on our southern border.  Lots of figures and statistics continue to be thrown around to support the president’s desire to build a wall.  Most are misleading or purposely distorted in order to support his campaign pledge.  Whether you support the wall or not, here are the facts provided by Mr. Trump’s own administration and other independent sources.  We can disagree on the best way to provide border security, but it should be a fact based discussion.  With the emotion removed it becomes a different situation.

  • Mexico will not pay for the wall.  Claims that the new U.S., Mexico, Canada trade agreement (NAFTA by any other name with a few improvements) will result in Mexico “essentially” paying for it is false.  Whether or not the new agreement changes the balance of trade between the U.S. and Mexico, that money does not go into the U.S. Treasury.  And the U.S. Senate has yet to take up the new agreement so it is not in force.  No time-table for ratification is set.
  • 800,000 American federal workers are out of a pay check come Friday.  There are hundreds of thousands of more American workers without pay checks that support the Federal government or that provide services to the government that are without pay checks and will not get back pay.
  • Claims that the number of migrants crossing the border are unprecedented are wrong.  According to the U.S. Border Patrol, there were 303,916 apprehensions at the border in 2017.  That is the lowest in 45 years.  In 2018 there were 396,579.  A slight increase, but significantly lower than the 1.6 million apprehended in 2000.
  • The southern border is not the primary way that undocumented immigrants enter the country.  According to the Department of Homeland Security, in 2017, 606,926 people were in the country illegally by over staying their visas.  That is roughly twice the number from the southern border.  101,281 of those who did not leave when their visa expired were from Canada.
  • According to the U.S. State Department, “there was no credible evidence indicating that international terrorist groups have established bases in Mexico, worked with Mexican drug cartels, or sent operatives via Mexico into the United States.”
  • According to the U.S. government, in 2017, 2,554 official encounters in the U.S. occurred with people on the terrorist watch list (which does not mean they are terrorists as it is often a case of mismatched names or other glitches).  Of those, 2,170 attempted to enter through airports.  NBC news reports, based on a DHS report to Congress, that the “roughly 4,000” terrorists cited by Trump Administration officials that were stopped were from around the world, not at the southern border.  This includes stopping some before they get on an airplane overseas.  Again this refers to people on the watch list, not necessarily actual terrorists.  In the first half of 2018 exactly six immigrants were stopped at the southern border for being on the list.  In the same time frame, forty-one were stopped at the Canadian border.
  • Immigration and Customs Enforcement (ICE) personnel deported 5,872 suspected gang members in 2018.  ICE does not break down which gangs these people belong to so it is impossible to know how many belong to MS-13.  Additionally, some of those in the mix that were deported were not actually members of gangs.  It is likely that the number of MS-13 gang-bangers arrested by ICE is in the hundreds.  The total number of gang members deported in 2018 is less than one percent of those entering legally and then staying in the country illegally.
  • Any murder or rape is a tragedy.  Keep in mind that statistics consistently show that immigrants — legal or illegal — are far less likely to break the law than those born in the United States.
  • According to the Drug Enforcement Agency (DEA) about 90% of the heroin entering the U.S. comes through Mexico.  Frankly, no one knows exactly how much enters the country each year.  However, DEA reports that the very large majority of it comes through legal ports of entry by land, sea and air.
  • The vast majority of non-U.S. citizens attempting to enter the U.S. do so at legal ports of entry.  Under U.S. and international law, those seeking asylum must be taken at their word that they are in danger of their lives, or persecution in their native lands until a hearing is held to adjudicate their claim.  Not everyone crossing the southern border seeking asylum is granted it.  Current administrative processes at the border result in extremely long wait times (it could be months) to enter through a port of entry.  This induces desperate people to try to cross illegally and then to turn themselves in to authorities.  This happens quite often and in peaceful ways.  Whether the individuals entered legally or illegally, if they ask for asylum, under the law, they must be heard.

Here is my opinion.

What is really at stake is Article I of the Constitution.  In what is known as the “vesting”clause, all legislative authority is given to the Congress, including appropriations and authorizations to spend money.  Note that it comes before Article II that gives executive power to the president.  Article III creates the judiciary.

In his first two years, Mr. Trump did not have a Congress that would put a check on his whims, desires and plans.  Now he does with Democrats controlling the House of Representatives.  On their part, the House is exercising their Constitutional power of the purse to establish that they are a co-equal branch of government and do not have to give in to the president on every issue.  Frankly, it is about time.  Missing in action is Senate Majority Leader Mitch McConnell (R-Ky) who got burned by the president’s promises in December and refuses to get involved to end the shutdown.  It is likely that in short order (a few days to a week) Republican Senators will start to come over to the Democrat’s plan and Mr. McConnell will have to bring the Democrats’ bills to the floor to again pass what they already did just before Christmas.

Remember that the bills passed by the House last week are exactly the same as those already passed by the Republican controlled Senate.  Because a new Congress was installed last week, all bills not passed by both Houses need to start over.

The government shutdown over the wall has nothing to do with border security.  All sober government officials, Republican or Democrat, support border security.  They differ on how our money and resources should be spent to protect and regulate the border.

The wall is a political stunt.  The president backed himself into a corner and when a bipartisan deal was presented to him (including the bill passed in the Senate just before Christmas), after agreeing to it, he caved to right-wing pundits and proudly proclaimed that he would own the shutdown.  That he and many of his advisers did not understand that when a shutdown goes into effect it means the government shuts down, hurting countless thousands of people across the country, is a story for another day.

Warning!  Warning!

It appears that there are three ways this situation can be resolved.  Mr. Trump caves.  The House and Senate get together and pass veto proof bills to fund the government.  Finally, Mr. Trump may follow through on his threat to declare a National Emergency, mobilize the military and use Department of Defense funds to build his wall.  This last move is that of an autocrat.  It is Despot 101.  Create a threat where one doesn’t exist, declare an emergency, mobilize the military, bypass the democratically elected legislature and take steps to curtail any opposition.

And all of it is based on a big lie.  I cannot think of a more dangerous scenario.