War Crime or Murder?
Posted: December 2, 2025 Filed under: Uncategorized | Tags: Constitution, dod, Donald Trump, franklin-cartoon, jsoc, news, pete-hegseth, Rules of Engagement, Secretary of Defense, UCMJ, Ukraine, United States Constitution, War Crimes, war-on-drugs Leave a comment
An AI generated cartoon from Secretary of Defense Pete Hegseth that he posted on “X” in response to war crime accusations. Franklin is a character from books and an animated TV series for young children . Apparently, the Secretary has nothing better to do than to “own the libs.”
The United States continues to attack unarmed boats at sea under the guise of stopping alleged narco-terrorists operating in international waters in the Caribbean Sea and eastern Pacific Ocean. To date they have attacked at least 23 boats and killed over 80 people. The president and his cabinet allege that the boats carry drugs that are killing tens of thousands of Americans. As I have explained in previous posts, such claims are baloney. The administration has yet to present any concrete evidence that the boats are being used in the drug trade or to explain exactly how this is a direct threat to the United States since the boats are too small with too little fuel to directly reach the United States. The president wrongly asserts that he can declare anyone a terrorist and thus they can be legally killed by the U.S. Armed Forces.
In the last few days, the Washington Post published an article asserting that the Secretary of Defense ordered the destruction of the first boat attacked on 2 September this year, with the order to “kill everybody.” There were eleven people onboard, which to those of us that have participated in stopping the drug trade, means it is unlikely that there were significant, if any, drugs on board because the number of people limits the cargo space. There are usually only three people on drug boats like these. After the first weapon hit the boat — the only video released to the public — two people were observed in the water clinging to the wreckage. A second attack followed to kill the unarmed, helpless survivors. This is in direct contrast to everything that the United States holds near and dear and is a crime under U.S. law, international law, and the Department of Defense Law of War Manual which in section 18.3.2.1 describing clearly illegal orders and violations says, “for example, orders to fire upon the shipwrecked would be clearly illegal.” It is the same as the German U-boat commanders machine gunning survivors in lifeboats after hitting a ship with torpedoes.
Most legal experts, former military officers and national security officials understand that the entire operation is illegal. It is not a military problem, it is a legal problem. Even if the people in those boats are drug runners, they are criminals, not terrorists and not a direct threat to Americans. If the attacks are illegal, then the United States is murdering people on the high seas. Even if one believes that the entire operation is legal, then a war crime was committed. Trump and his administration claim that this is to stop the illegal drug trade, which would be humorous even if it were true. The people in the boats are not cartel members or anything but mostly poor fishermen that have been coerced into transporting the cargo or paid a few hundred dollars to help feed their family. This is not to say that anyone condones such activity, but no one is going after the real drug lords or manufacturing plants or distribution centers. Instead we have a Secretary of Defense acting like a 12 year old with new toys to play with. After the first video went public, the Secretary was on Fox News bragging about how he ordered the operation and watched the whole thing “live.” Clearly he knew what happened and observing his personality, he probably thought it was really cool to kill people.
There is now a concerted effort to pin the whole thing on the operational commander Admiral Frank M. “Mitch” Bradley, USN. At the time he was the Joint Special Operations Command (JSOC) commander in Fort Bragg North Carolina. Trump and Hegseth are publicly washing their hands of the whole thing by claiming “support” for the Admiral who they say ordered the strikes. In fact, Admiral Bradley should be held accountable. Whether or not Hegseth ordered the second strike, the Admiral should have known it was an illegal order. But clearly, by his own statements, Hegseth was involved as the senior person in the chain of command that conducted the attack. Therefore he is liable for a war crime. Or murder.
I suspect that there has been push-back from the military about the anti-fishing boat operation. As I wrote earlier, Admiral Alvin Holsey, USN is resigning two years early from his post in charge of the military’s U.S. Southern Command responsible for the Caribbean and Latin America. Widespread reporting indicates that he is leaving after arguing with Hegseth over these operations. Additional reporting indicates that military Judge Advocates General (JAG) did not clear these operations. They decided that they were illegal. The final opinion on the matter — claiming that the U.S. was in ” non-international armed conflict” with “designated terrorist organizations” — came from the Department of Justice (DOJ) Office of Legal Counsel. In other words, non-military people that are coopted in Pam Bondi’s DOJ that is running amok.
Remember that one of Hegseths first moves when voted into office (by one vote — the Vice President’s) was to fire scores of JAGs. Additionally, I warned back in September that Hegseth’s speech to all flag and general officers and senior enlisted at Quantico Virginia had some very disturbing words in it. It turns out that he was signaling that war crimes were just fine with him. As a reminder, here is what he said about the Rules of Engagement (ROE) — essentially what is legal or illegal during a particular operation.
“We also don’t fight with stupid rules of engagement. We untie the hands of our warfighters to intimidate, demoralize, hunt and kill the enemies of our country. No more politically correct and overbearing rules of engagement, just common sense, maximum lethality and authority for warfighters.” (emphasis added)
Apparently telling people not to kill unarmed survivors that pose no threat is stupid. What a great patriot!
Only an unserious person would think that all of this is about stopping drugs and killing terrorists. There are several “tells.” First, that they did not want any survivors in the first attack. Second, they actually returned two other surviving “narco-terrorists” from another attack on a “go-fast” boat to their native countries where they were allowed to go home. Why? If these are the worst of the worst why not take them prisoner, bring them to the U.S. and put them on trial? In my opinion they did not do that because they would have had to produce actual evidence of their crimes and the survivors would have a chance to tell the world what they were really doing. It would not hold up to public scrutiny. If you want further evidence that this is not a serious counter-drug operation Trump just pardoned and released the former president of Honduras Juan Orlando Hernandez who had been convicted of drug trafficking and sentenced to 45 years in prison. He was at the center of an enormous drug ring that brought tons of cocaine into the United States, tortured informants and is believed to be responsible for more than 50 murders. Trump said it was a political “witch hunt” by President Joe Biden and set him free. So much for the war on drugs.
So what is really going on? I do not know but I have an idea.
Besides the cosplay by Hegseth — have you noticed he is not in on any serious national issues such as the war in Ukraine, solving the Middle East crisis, working on China issues, procuring future weapons systems or anything else that a real Secretary of Defense would have in his portfolio? — there is something else going on.
I think that Trump sees the world as dominated by three people — himself, Putin and Xi. Each has, or should have, their own spheres of influence where they can pretty much do as they want. Trump’s domain is the Western Hemisphere. Putting 15,000 uniformed Americans in the Caribbean area of operations is a demonstration to the rest of the hemisphere that he has the power and the will to use it against anyone that gets in his way. Blowing up fishing boats is a manifestation of that power. He is showing that he can do anything that he wants. In Venezuela, it is to get oil for his billionaire oil buddies that are paying him what are, in essence, bribes by buying his crypto, bitcoins and “contributing” to his various vanity projects.
For Putin, Ukraine is his for the taking. Trump probably believes that Putin deserves to control Ukraine because Russia is a power and Ukraine is not. If one looks closely at the 28 point peace plan — experts can tell it was originally written in Russian and then translated into stilted English — it is really a surrender plan. It gives Russia everything they want with no guarantees of Ukrainian sovereignty. Note also that the prime negotiators for the Russians and the U.S. are billionaire businessmen. Included in the negotiations are many U.S.-Russian business deals ranging from oil to precious minerals to development projects. Ukrainian concerns are not Trump’s concerns. He has also offered to broker a “deal” between NATO and Russia. Wait. What? The U.S. is part of NATO, how could he do that? Because he does not believe in NATO and would leave it at the drop of a hat if it meant a deal with Russia where he benefits. (I have no idea, but some people speculate that the Russian intelligence agencies have copies or at least know what is in the Epstein files.)
Xi gets to have the western Pacific. Specifically he can take Taiwan without the U.S. offering any real resistance. China is big and powerful, Taiwan is not. Japan is not. China deserves it.
Note how Trump talks with such admiration about Putin and Xi. He thinks he is in their league and that they adore him as much as he adores them. So, lets divvy up the world and all its riches. Trump will make himself rich (he has already accumulated billions since he came into office) and he will make all of his billionaire buddies even richer. Same with Putin and Xi. Regional alliances and the rule of law are old fashioned. Plutocrats rule! We, the rich and powerful will run everything. If other people were as smart and savvy as we are they wouldn’t be poor and weak.
With that perspective, a lot of what this administration is doing makes sense. What’s a war crime against some peasants in a boat when we own the world?
Six Senators and Representatives with military and national security backgrounds released a video reminding the military that not only does one not have to obey an illegal order, it is the law as established in the Uniform Code of Military Justice (UCMJ) that they must not obey an illegal order. The six are 100 percent correct as any individual that has been in the military more than two months knows. Hegseth is clearly threatened as he is making a lot of noise about bringing Captain Mark Kelly, USN (ret) (now a Senator from Arizona) up before a court martial. (Officers serve at the pleasure of the president. Retired officers can be recalled to active duty at any time — even if it is extremely unusual.) The others are being threatened by the FBI. It is ridiculous and without any legal grounding to do so, but the intent is not to actually convict anyone. The intent is in the harassment, expenses and time involved in defending oneself. It is meant to instill fear and to inhibit criticism. The exercise of power against the powerless. The message is that if we can come after these high ranking people we can come for you. He also thinks that the military should be loyal to him, not to the Constitution. They should do whatever he orders them to do and the six are getting in his way. He even threatened to execute them.
Each of those participating in the video ended their explanation the same way that we should all be thinking — from “No Kings” demonstrations to quiet support for those in need. We should all remember their words which are the foundational motto of the United States Navy:
DON’T GIVE UP THE SHIP!
Are You an Alien Enemy?
Posted: March 24, 2025 Filed under: Uncategorized | Tags: Alien Enemies Act, Civics, Constitution, Fifth Amendment, Fourteenth Amendment, Immigration, Immigration Customs Enforcement (ICE), Supreme Court, Tren de Aragua, Trump, United States Constitution Leave a commentWithin political circles, in the news and among the talking heads on the television, there are ongoing discussions as to whether the actions of the 47th president will lead to a Constitutional crisis. Are we there yet or not? I believe that we are already there.
In our daily lives it is easy to lose track of all the chaotic actions taken by the president and his DOGE-bros to disrupt and destroy the federal government under the lie that they are eliminating waste, fraud and abuse. Possibly, you have yet to personally feel anything different or to have experienced any changes to your daily life. Therefore, you may ask, why do I really care about any of it? You may even believe that you are apolitical or “tired” of all the discussions and drama and divisiveness so you just tune it out. Good luck. While you were not paying attention, you lost many of the rights we thought were guaranteed to us by our Constitution.
Too dramatic? Let’s take a closer look.
On 14 March 2025 Trump signed an Executive Order claiming to have the right under the Alien Enemies Act of 1798 (as amended in 1918) to declare that a group of undocumented immigrants from Venezuela are conducting “irregular warfare” against the United States and that they therefore fall under the provisions of the Act because they are perpetrating an “invasion” or “predatory incursion” into the U.S. Specifically, he claims that a Venezuelan based gang known as Tren de Aragua (or TdA) is acting in concert with the government of Venezuela to destabilize the U.S. by using drug trafficking as a “weapon” to attack U.S. citizens.
For context, the provisions of that 18th century law (USC 50 Sections 21-24) have been invoked three times. It was used during the War of 1812, World War I and, perhaps best well-known, for the shameful internment of Japanese-Americans during World War II. The law is generally considered to be relevant only in the context of a “declared war” which was used literally in the era in which it was written. The Trump Administration is trying to declare that the other language in the Act applies, specifically that illegal immigrants constitute an “invasion” or “predatory incursion” — although those terms are also used literally to mean large scale armed attacks by foreign forces as in a war or a step towards war. Throughout our history, the Act was understood to be a war time power only, not a hedge to get around the use of regular immigration law. Under the Constitution, only Congress can declare war. However, to provide for emergency responses, a president can declare that an invasion or predatory incursion is underway.
In the public relations realm, the Trump Administration has a powerful story to tell. Let’s face it, no one defends TdA as a bunch of nice fellows. They are murderous drug dealers that have no mercy for anyone from outside of their gang. In a word, they are scum. This provides a means to attack those that criticize Trump’s actions as being outside the law and they continue to attack anyone, including federal judges, that would disallow their use of the Alien Enemies Act to arrest and deport them.
But that is not the issue. And they know it. No one in the U.S. thinks that TdA is a positive force in our lives. Anyone you ask would say that they should be arrested, tried, punished and deported. The courts and the critics of the Administration are not arguing about the nature of TdA. They are arguing that there are already effective laws that deal with criminals like this gang that can be used under the Constitution rather than ignoring the protections we all should have as basic rights. (Curiously, Trump declared last week that he never signed the Executive Order, which itself creates a whole new set of questions.)
What happened on the weekend of 15 March is that the Immigration and Customs Enforcement (ICE) officers made 238 Venezuelans and 23 Salvadorans “disappear” into one of the world’s most cruel and dangerous prisons in El Salvador under the alleged provisions of the Alien Enemies Act. To date, our government refuses to release the names of those captured. However, the Hollywood style videos of the deportations and incarcerations have given friends and families of those abducted a chance to identify their loved ones that disappeared without a trace. Most have no criminal record. Some appeared for their regularly scheduled check-in appointments as they awaited an asylum hearing and were arrested and thrown into the Salvadoran jail. Note that the Venezuelans were not deported to their home country but to a jail in El Salvador. Oh, yeah. I forgot to add that the Trump Administration is paying the president of that country 6 million dollars to keep them.
The Constitution protects all people living in the U.S. regardless of their immigration status. Everyone has the right to due process under the law if accused of a crime. Everyone within the U.S. is eligible for a fair and impartial hearing by the government under the Fifth and Fourteenth Amendments before their life, liberty, and the pursuit of happiness is taken away from them. The Sixth Amendment provides for legal counsel for anyone accused of a crime. Given the nature of the arrests, it is worth noting that the Fourth Amendment protects all of us against unlawful entry and searches without a warrant or probable cause.
Here is where it gets interesting for you and me and why I think it is important for all of us to pay attention. The Trump Administration attorneys in the Department of Justice argue that under the Alien Enemies Act, the Fourth Amendment does not apply. In other words, if you are in the next group of people that Trump unilaterally declares are enemies of the state, the federal government can break down your door and come charging in without probable cause or a search warrant.
Additionally, in a sworn declaration during a court hearing on the use of the Act, ICE Acting Field Office Director of Enforcement and Removal Operations Robert Cerna argued that “the lack of specific information about each individual actually highlights the risk they pose” and “demonstrates that they are terrorists with regard to whom we lack a complete profile.” He added that “while it is true that many of the TdA members removed under the AEA [Alien Enemies Act] do not have criminal records in the United States, that is because they have only been in the United States for a short period of time. The lack of a criminal record does not indicate they pose a limited threat.”
Many of those arrested and accused of being members of the gang were targeted solely because they had tattoos. One of those individuals, a professional soccer player in Venezuela who had been tortured by the government regime and received permission to enter the U.S. awaiting an asylum hearing had a tattoo. Of his favorite soccer club. Real Madrid.
So, for those keeping score at home, the Trump Administration claims that they can enter your home for any reason without a court order and arrest you, even if you have no criminal record. Because, according to Mr. Cerna, you are even more dangerous because you don’t have a criminal record. And don’t have any strange looking tattoos in Spanish.
We are living in Bizzaro World.
The issue is now in the courts. As expected, Trump and his henchmen and women in the Administration are crying loud and strong that a single federal judge cannot thwart the will of the great and powerful king in the White House. Apparently, they slept through their civics class that discussed the three equal branches of the government under the Constitution. If they do not like what the district court judge did, then appeal it. Instead they are calling for his impeachment. (Which will go nowhere but will provide for a fund raising advertisement for the MAGA crowd.) Eventually, this issue should wend its way to the Supreme Court. In my mind, this is a no brainer in favor of the Constitution as we have understood it for nearly 250 years. However, nothing is “for sure” anymore. After all, the current Supreme Court is the same one that said the president is immune from prosecution for any act taken within his official duties. Maybe they say that the president can use the Alien Enemies Act in whatever way he wants.
Additionally, the Supreme Court is sometimes reluctant to rule on Constitutional issues when it comes to specific duties assigned to other branches of the government. In this case, Congress declares war under the Constitution and the president carries out the duties of Commander-in-Chief.
This will be a real test of our checks and balances of the three equal branches of government which is already under tremendous stress as the Trump administration continues the quest to turn Trump into the autocrat he so craves to be. He has already subdued the Congress that seems now to exist only to rubber stamp whatever Trump wants. MAGA Republicans bend the knee whenever required and the Democrats in Congress seem leaderless and impotent.
The attack on the judiciary is a direct frontal assault. Trump already silenced several major law firms that stood up to him in the past. They caved. Several news organizations caved to Trump’s extortion threats. So far the judicial branch is holding. I am not sure how long they can continue to hold out, especially as they come under increased threats to their well-being as well as threats to their families.
Please pay attention. We are in a Constitutional crisis. Trump and his supporters are about to decide to ignore or defy a judicial order, putting our cherished democratic republic in danger. It can happen here. It is happening here.
“So What?”
Posted: October 13, 2024 Filed under: Uncategorized | Tags: Autocracy, Constitution, Democracy, Donald Trump, Election 2024, MAGA, Vladimir Putin Leave a commentOn 2 October 2024, Judge Tanya Chutkan of the U.S. District Court for the District of Columbia released a 165 page indictment brought by Special Prosecutor Jack Smith in response to Donald J. Trump’s attempts to overturn the 2020 election. This is a superseding indictment replacing a previous indictment following the Supreme Court’s decision that presidents are immune from prosecution when acting in an “official capacity.” Mr. Smith responded to that decision by arguing that Trump acted in his capacity as a candidate, not as a president, and therefore he should be held accountable for his actions. Note that the federal judge released the previously sealed indictment, not the Special Prosecutor or the Justice Department, despite accusations from Trump and his MAGA acolytes.
Most of Trump’s actions leading up to the attempted coup of 6 January 2021 are already known to us in broad terms thanks to the work of the House Select January 6 Committee. The latest indictment contains information previously unknown to the public and reveals the full extent of Trump’s efforts to overturn the election, starting before voting was underway. It was a vast, multi-pronged effort at polling places, election offices, state capitals, in the U.S. House and Senate and finally through the violent attack on our nation’s capitol. The details are sobering. (Read it here.) In step by step detail, the indictment lays out Trump’s actions and the actions of those, mostly out of government accomplices, that worked to overturn the election. It lays out a timeline of events on 6 January with comparisons of specific events detailed on Fox News and Trump’s subsequent tweets, many of which were aimed at Vice President Mike Pence. When a White House staffer informed Trump that his Vice President was in grave danger (“Hang Mike Pence!”) and had been evacuated from the capitol his response was “so what?” Trump took no action to stop the violence.
“So what?”
To me that response is the essence of Trump. He cares nothing about anyone or anything unless there is a direct benefit to him personally. In his current campaign his willingness to hurt, defame or endanger innocent people has become increasingly obvious, less shielded in double speak and exceedingly dangerous.
There is every reason to believe that Trump will try to overturn any election result that does not declare him the winner. This time around, he has a willing accomplice in his Vice Presidential nominee Senator J.D. Vance (OH). Trump and Vance continue to reject the 2020 election results and to cast doubt on the 2024 election. Indeed, it has become a litmus test for MAGA supporters and politicians. One must reject the 2020 election in order to be a full fledged member of the MAGA cult. Four years later, the numbers of people claiming election fraud continues to grow rather than recede. As a result, the MAGA campaign, and those of others down ballot, are becoming increasingly autocratic, bordering on fascism, with political violence as an ever increasing subcurrent of the rhetoric. Trump’s language is openly racist, misogynistic, and antisemitic. He is dangerous.
With the election just over three weeks away, I am increasingly fearful for our democracy. If Trump wins, we are in big trouble. If he loses a closely contested result, we are in big trouble. The attempts to undermine our democracy are already underway. Consider the following few examples:
- Filing lawsuits in Pennsylvania, Michigan and North Carolina brought by Republican organizations and politicians seeking to disallow ballots cast by American citizens living overseas. The law known as the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) lays out the method for U.S. citizens living abroad to vote, and includes our military forces and their families whether overseas or otherwise away from their home states. Trump claims that this act is a plot by Democrats to “cheat” and collect illegal votes. He is trying to disenfranchise our men and women in uniform to increase his perceived chances of winning.
- Claiming that “illegal aliens” are swarming across the border to vote for Democrats in the election. As a result, multiple states passed laws that resulted in thousands of eligible voters being purged from voting lists and enacted voting requirements that disenfranchised many Americans, especially in low income areas. It is against the law for non-citizens to vote in any federal election. The number of cases prosecuted in the U.S. is statistically zero, meaning single digit cases in some states.
- Pushing state legislatures and courts to reject mail-in ballots. In some states, such as Pennsylvania, election officials accept ballots with minor clerical errors. The Republicans say this illegal. Similar efforts are underway in Georgia, North Carolina, Wisconsin, Nevada, and Michigan. Democrats tend to use mail-in ballots more than Republicans. (I assume it is only a coincidence that these states are critical to Republicans winning the election.)
I can go on, but you get the idea. Here is the MAGA game plan as I see it.
First, challenge everything in courts. Many, many lawsuits in addition to the ones above are underway. The intent? Suppress the vote. No Republican has won the popular vote since George H.W. Bush in 1988 with the exception of George H. Bush in 2004. Trump has a ceiling on the number of votes he is likely to get, with a two time track record to prove it, so instead of getting more voters to support him, eliminate the opposition.
Second, intimidate voters in likely Democrat precincts through implicit or direct threats of violence in order to lower voter turnout. In some areas I expect to see armed Trump supporters loitering near polling places.
Third, put Trump supporters on local, county and state election boards to disrupt the counting of votes, challenge their legitimacy and ultimately to delay or outright refuse certification of the results.
Third, use state legislatures to tie up certification of election results or to even ignore the results and use alternate electors dedicated to Trump. They tried this in 2020 and failed. They have worked out the kinks.
Fourth, use Trump’s useful idiots in the House and Senate to disrupt the final certification of the results. The effort, also attempted in 2020, is to throw the election into the House. Under the Constitution, each state gets one vote. That means that Montana, with one Representative, gets the some number of votes as New York with twenty six Representatives. Currently, there are more states with Republican delegations than Democratic ones, which is likely to hold, even if the Democrats win the majority in the House overall. This is not some theoretical outcome. It was and is part of the plan. It happened once in our history. Following the 1824 election, Andrew Jackson had the most electoral and popular votes but not a majority. The vote went to the House and the second place finisher, John Quincy Adams, was elected president.
Meanwhile, Trump is using ever more autocratic tactics and vile rhetoric to undermine the public’s trust in the federal government. He and his mini-me J.D. Vance are spreading despicable lies about the hurricane recovery efforts, legal migrants in Ohio, and the citizens of Aurora Colorado to make it seem as if the government is either out of control or actually aiding and abetting illegal activity. The purpose is to sow further divisions in our country and for people to expect the worst. When it all goes haywire leading to, during, and after the election, Trump and Vance will step up as “saviors” to take over and use their “strongman” tactics to “protect” us. During Trump’s alleged seven phone calls with Vladimir Putin over the last few years while out of office, he may have been getting pointers on how to take over a government.
One area that will differ in the Trump/MAGA totalitarian playbook regards attacks on the U.S. capitol. I doubt we will see another January 6 attack in 2025 in Washington D.C. The city will be an armed camp this time around with very, very, tight security. I do expect there to be attempts at violence and other efforts to disrupt the peaceful transfer of power. I think they will be more geographically scattered but potentially even more disruptive. The attacks will come in large cities, especially with large numbers of minority voters, at locations collecting and counting ballots. Perhaps also against county and state election boards. Several state capitals will be targets as domestic terrorists attempt to change or prevent the certification of ballots. I fear we are in for a tough go of it.
So what? Lighten up, you may tell me. The U.S. is fine and we will all be okay. The guardrails of democracy will hold. The sky is not falling. I hope so, but I believe what Trump, Vance and their minions are saying. They have come to believe what they are spouting. We always hope for the best. But we need to prepare for the worst. Most demoralizing and frightening is the willingness of formerly main stream Republican politicians and leaders to just go along. There is very little to no pushback from Republicans in Congress or in state legislatures regarding Trump’s vile plans and increasingly unhinged behavior. The man is becoming delusional and people I used to think were smart and cared about our country pretend that it is not happening or have actually gotten onboard with the lies.
We can save ourselves with an overwhelming vote in support of the coalition of Republicans, Democrats and Independents that want to preserve our democracy and are voting for Vice President Kamala Harris. There are several hundred former Republican and Trump Administration senior officials who have put aside their policy differences in order to keep our democracy. Take a look at the list. It includes two Republican Vice Presidents (Mike Pence — who refuses to support his old boss — and Dick Cheney), Trump’s former Secretary of Defense, two of his former National Security Advisers, his Chief of Staff, his Chairman of the Joint Chiefs of Staff, his Director of National Intelligence, former cabinet officials, security officials, ambassadors, generals, admirals, and on and on. These are the people that Trump claimed were “the very best people” who saw him up close and personal and do not want him anywhere near the White House ever again. We can overcome the efforts of the autocrats to install Trump as the Dear Leader. Every vote counts. Let’s keep our democracy.
Make America Hate Again
Posted: September 17, 2024 Filed under: Uncategorized | Tags: 2024 Election, Constitution, Democracy, Donald Trump, Kamala Harris, MAGA, news, Politics, Project 2025, Russia, Supreme Court, Trump 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?
A Summer of Disarray
Posted: July 25, 2024 Filed under: Uncategorized | Tags: Assassination, Constitution, Democratic Republic, Donald Trump, MAGA, President Joe Biden, Presidential Campaigns Leave a commentJuly traditionally is a quiet month for American politics and politicians. Washington D.C. is hot and humid and the Congress uses the time for vacations, family time and to raise money. This year, not so much.
This summer has been a tumultuous time in Washington and throughout the nation. Foremost among the events of the past weeks, of course, is the abhorrent attempted assassination of an ex-president and current major party nominee. Thankfully, Mr. Trump was not seriously wounded. Unfortunately, an innocent bystander named Corey Comperatore was gunned down and two others in the grandstand were seriously wounded. The shooter used America’s favorite mass murder weapon, an AR type assault rifle. As of today, his motive is unknown. While many radicals tried to declare a political motive for the shooting, there is as yet no evidence to support any theory of why the shooting occurred. Remember that the shooter that seriously wounded President Ronald Reagan in 1981 was motivated by his efforts to impress a young movie actress. The worst mass shooting in American history took place in Las Vegas in 2017. That investigation has yet to define a motive for the shooter who killed 60 people and wounded 413. Likewise, we may never know the motivation for the Butler Pennsylvania shooting. We do know that such actions are the antithesis of what we want America to stand for. Political violence is never justified.
Days after the attempted assassination the MAGA Party held their national convention. Mr. Trump and Senator J.D. Vance (MAGA-OH) are now the official nominees of their party for president and vice president. Seemingly, the shooting had little impact on the course of the MAGA party as our nation heads for the election in November. The hateful rhetoric and draconian plans to reshape America by returning to the past, and all that that means for women, minorities and non-Christians remain intact. I am still dumbfounded that one of our great political parties are all in for a convicted felon, found liable for sexual harassment and defamation, who cheats in his business, steals our nations deepest secrets to show them off, and for the first time in our nation’s history fomented an insurrection to keep himself in power rather than effect a peaceful transfer of power from one president to another. Any one of these actions would preclude a potential recruit from entering the military. No one with that record could qualify for a security clearance in the United States. Indeed, most corporations would not hire a person with that record. Yet, millions of people want to entrust this man with the future of our nation.
Perhaps the course of history was changed in an even greater way when President Joe Biden announced that he would not seek a second term as president. He endorsed Vice President Kamala Harris and in an astonishingly short period of time, she consolidated her support and is now considered the presumptive nominee for President of the United States for the Democrats. Last night President Biden gracefully and eloquently explained his reasons for stepping down, outlined his focus for bringing to fruition more of his policy goals over the next six months, and provided a vision for the United States and the future of our democracy. In the tradition of past presidents Democrat or Republican, he explained that the United States is an “idea.” Unlike most nations that are based on culture, religion, ethnicity or other unifying traditions, we are a nation built by the diverse people of our great land, not the politicians. Public servants should want to gain office to reflect and to assist our collective aspirations as we continually strive to attain a “more perfect union.” American citizens do not exist to fulfill the ambitions of one man. President Biden correctly and clearly explained the stakes for all of us looming over the upcoming election. One party has crowned its nominee as the individual ready to unilaterally change the nature and traditions of our nation, while giving him a “mini-me” as the vice presidential nominee, a man willing to be even more draconian than the ex-president. President Biden’s party is devoted to maintaining our democratic republic. The differences could not be more stark.
Putting together the larger picture outlining our summer of disarray includes inexplicable Supreme Court decisions that light a torch to burn up the concept of “settled law” that all of the current Justices swore was an integral part of any decision they would make. Other judges, such as one in Florida, are making up the law as they go along to help one man in his aspirations to take over the country. As we learn more about the contents of the blue print for a Trump second term known as Project 2025 and reflected in their party platform approved at their convention, we see just how draconian their plan actually is. All of these issues and more deserve fuller explanations and an understanding of their impact on our democracy. I hope to dive into them in the coming days. The picture is bleak, unless one believes that the majority of our fellow citizens prefer to look to the future and resolve our differences rather than go backward in a storm of lost rights and personal retribution. I am optimistic that the majority of us do want to move forward and will not give in to autocracy once the issues are clearly delineated and the ramifications of their subversive language are fully understood. It will not be easy, but failure is not an option.
Abandon The Truth And Lose Democracy
Posted: January 6, 2024 Filed under: Uncategorized | Tags: 14th Amendment, 2024 Election, 6 January Insurrection, Congress, Constitution, Donald Trump, Politics, Supreme Court, Trump, United States Constitution 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 Filed under: Uncategorized | Tags: 14th Amendment, 2020 Election. Insurrection, 2024 Election, Constitution, Donald Trump, Insurrection, Politics, SCOTUS, Supreme Court, Trump Leave a commentIn 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 Filed under: Uncategorized | Tags: 2024 Election, Amendments to the Constitution, Constitution, Deep State, Project 2025, Voter Suppression 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.
United States of America v. Donald J. Trump
Posted: August 2, 2023 Filed under: Uncategorized | Tags: 2020 Election, 2020 Insurrection, Constitution, Electoral College, Special Counsel, Trump Indictment Leave a commentFor the third time this year, the 45th ex-president was indicted yesterday. This time it is on four counts relating to his attempt to overturn the 2020 election and keep himself in power. Yesterday was an historic, if ultimately sad, day for America. For over 240 years, nothing like this happened. The hallmark of our democracy was the peaceful transfer of power following the certified results of elections. The ex-president (aka “the Defendant”) broke that tradition through a multi-pronged, coordinated attempt to overturn a free and fair election in order to retain power for himself. He seriously degraded wide-spread trust in our system and continues to do so today as he whines about “election interference” and a “weaponized” Department of Justice (DOJ). He may be the biggest threat to our democracy in our history, certainly since the Civil War. It is not a threat from abroad. The threat is coming from inside the house.
I recommend that you read the indictment for yourself. (Find an annotated version here.) It is an easy read — what is known as a “speaking indictment” — that spells out in plain language the key elements of the four charges brought against him. The longest part of the document lays out the case of how, and why, the Defendant and his six un-indicted co-conspirators, tried to empanel fake electors in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin to support the ex-president in seeking a win in the Electoral College by replacing the legitimate electors voting for Mr. Biden. Failing that, they hoped to create enough confusion that the decisions as to who gets the electors’ votes would be sent back to the individual states or sent to the House of Representatives where the Defendant would be declared president. It was a far-reaching conspiracy.
A necessary element of the plan was to bring Vice President Mike Pence into the scheme in order to get the slates of fake electors into the certification proceedings. As we know, Mr. Pence did not give in to the ex-president’s demands, but the indictment yesterday details the tremendous pressure brought against the Vice President to get him to cave to their demands. According to the document, the attempts to overturn the election results continued after the Capitol building was cleared and the House and Senate had reconvened. While Jack Smith, the Special Counsel overseeing the investigation, did not explicitly implicate the ex-president in directing the assault on the Capitol on 6 January, he makes it clear that sending the mob to intimidate Congress was part of the larger plot to undo the election.
As the criminal indictments mount against the ex-president — and a fourth indictment may be forthcoming in the days ahead in Georgia — it is worth contemplating the state of our nation had he succeeded. Our democracy would be wrecked. Probably, there would be some sort of martial law in place in many parts of the country. I do not say that frivolously as the indictment recounts how the plot participants were anticipating possible wide-spread protests should they succeed and opined that that was why there was an Insurrection Act as part of federal law. Without going too far into the specifics, the Insurrection Act allows the president to suspend Posse Comitatus which prohibits the Armed Forces from carrying out law enforcement activities. In other words, the president can deploy military and National Guard troops in the United States to suppress a declared insurrection or rebellion or to help in natural disasters. It has been used by presidents in the past, including to enforce desegregation laws in the 1950s and 1960s and to aid in preventing looting following hurricanes. Since the Defendant is running again for president, it is worth considering what kind of president he would be since he was pushing hard to overturn a free and fair election by all means at his disposal.
In his brief remarks last evening, Jack Smith noted that “the men and women of law enforcement who defended the U.S. Capitol on January 6 are heroes. They’re patriots, and they are the very best of us. They did not just defend a building or the people sheltering in it. They put their lives on the line to defend who we are as a country and as a people. They defended the very institutions and principles that define the United States.” In other words, the attack was not just a one off. It was not an unforeseen anomaly. It was part of a conspiracy to overthrow our democracy. The Defendant has shown no remorse over what he did. He will try again. He learned a lot in his first attempts to keep himself in power. He will succeed the second time if given the chance.
There will be much wailing and gnashing of teeth by those that support the ex-president. They will claim that he was duped by his lawyers. They will say it is a First Amendment right to question an election. They will claim all sorts of feeble defenses for the Defendant. We know who the ex-president is. We know his morals, we know his lack of respect, we know his disdain for the Constitution, we know that he is working hard to be a dictator. We have known that for a long time. I am totally disgusted by the elected Republican officials that continue to support an indicted criminal or that remain silent. It is clear that they have no respect for the rule of law, the Constitution or the American people. They only have a blind devotion to one man in order to preserve their own power. This is not the United States that I thought I knew. As a retired naval officer, I take my oath to support and defend the Constitution seriously. Many of my fellow service members have given their lives in defense of the Constitution. It means something to those of us that understand what we are saying and doing. Clearly, the Defendant and his supporters in elected office have no understanding of that oath. None.
This is a grave development that none of us should celebrate. This is a sobering situation that puts our Republic and democracy in danger. This is serious stuff. Our national character is at stake. Our standing on the world stage as a beacon of democracy to the rest of the world is at stake. Benjamin Franklin is often quoted saying that we have a Republic, “if you can keep it.” This will be a major test of our ability to do so.
Tom
Into The Fray 
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