The People Have Spoken

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

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

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

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

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

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

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

“So What?”

Posted: October 13, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , | Leave a comment

On 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 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , , , | Leave a comment

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

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

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

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

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

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

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

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

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

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

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

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

What could go wrong?

A Summer of Disarray

Posted: July 25, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , | Leave a comment

July 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.

More Than A Jury Verdict

Posted: May 31, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , | 2 Comments

Yesterday was an historic day for the United States. For the first time in our history an ex-president and presumptive nominee for president of a major political party was convicted by a jury of his peers on thirty-four counts related to election interference, the violation of election laws, and the attempt to cover it up — all felonies.

That the rule of law prevailed, proving in a previously untested way that we are, in fact, a nation devoted to the rule of law and not to the rule of men is significant. No one is above the law. Personally, I take no joy in these thirty-four convictions. I thought that the evidence was there, and to be candid, I would have been disappointed if the now convicted ex-president had once again avoided responsibility for his actions, but I would still have been proud of the way our system of laws worked. Those twelve jurors were able to carry on in the traditions that we all say we believe in as Americans. They put aside their biases, experiences and personal beliefs to listen to the testimony and evidence presented and then unanimously came to a conclusion. Guilty. So it seems that we should pause and consider what just happened. It is sad that an ex-president is a convicted felon. It is a proud day that the system worked.

The convicted ex-president reacted in his typical fashion whining that the system was “rigged” that the proceedings were a “sham,” etc., etc., etc., ad nauseum. The same old, same old. Except that it hit me that there is a bigger picture here that is truly frightening. This is Trump being Trump. It is also Trump, and his toadies and sycophants in the MAGA Republican party telling us that they want to destroy our democratic republic and rebuild it in their own image. Trump would be nothing if he did not have his acolytes vying with each other to out do themselves in debasing their own morality and in trying to help him tear down our rules, norms, and way of life. Note that not one of his defenders actually defends Trump. Not one of them claims that he is innocent. Instead they attack the system and work to undermine the public’s faith in our institutions. Not even his biggest flunkeys defend his actions. They only see him as their way to power and if that means destroying our way of life, then so be it. Shame is a dead emotion in today’s MAGA world.

Too much? Consider this. Trump uses the same language over and over to attack our elections, free press, and now the judicial system. All of them are “disgraceful” or a “sham” or “rigged” or any other word from his limited vocabulary. He constantly talks about how our country has “gone to hell” or that our country is in “serious decline” or that “we have a country that is in big trouble.” Over and over and over. Classic techniques of fascist propaganda. But let me allow the convicted ex-president to speak for himself with these quotes from his campaign speeches. Again, he repeats nearly the same things over and over:

“We will demolish the deep state. We’ll expel, we’re going to expel, those horrible, horrible warmongers from our government. They want to fight everybody. They want to kill people all over the place. Places we’ve never heard about before. Places that want to be left alone.

We will drive out the globalists. We will cast out the communists, Marxists, fascists. We will throw off the sick political class that hates our country. We will rout the fake-news media until they become real. We will evict Joe Biden from the White House, and we will finish the job that we started better than anybody has ever started a job before.“

In other words, call yourself a victim, blame it on the “vermin” that are not like us, and promise to destroy the institutions that stand in the way. And now he calls himself “a political prisoner.” An insult to our system and it trivializes those real political prisoners being held in places like Russia.

The thirty-four count felon ex-president is finally being held accountable. It only furthers his rage and inspires him to go further and further into the dark side. Politicians that know better like the Speaker of the House Mike Johnson (second in line for the presidency behind the VP for gosh sakes!) says that Trump’s conviction is “a shameful day in American history” and called for the Supreme Court to “step in” to overturn the conviction. Senior Republicans only became ever more deranged with their comments. Senator Ted Cruz (TX) said of the conviction that “this is a dark day for America. This entire trial has been nothing but a sham.” Senator Marco Rubio (FL) called the proceedings the “quintessential show trial. This is what you see in communist countries” and without a hint of irony, given his Cuban family roots, compared the conviction to what happened in Castro’s Cuba that “led to executions.” There is so much more but it saddens me too much. These are supposed patriotic Americans that willingly debase themselves in the service of one man.

That is where we are in today’s United States. I firmly believe that a majority of Americans see Trump and the MAGA movement for what it is. The upcoming election will not be a referendum on two different sets of policies or who is too old to serve or any other issue. It will solely be a choice between a man that wants to protect and preserve our democratic republic and one that will burn it all down in order to give himself the power to glorify himself.

I am proud of our twelve fellow citizens who recognized their sacred and solemn duty and did their best to live up to the ideals of our country. This was no ordinary verdict.

Party Over Country

Posted: February 8, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , | Leave a comment

“…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.

Dysfunction or Destruction (Continued)

Posted: January 31, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , , | Leave a comment

Since the Republican majority in the House of Representatives took office last January, I have pondered in this space as to whether the new majority was totally dysfunctional or totally determined to destroy our country and our democracy. Without painting everyone in the Republican party with the same broad brush, it is increasingly apparent that while the House is dysfunctional under MAGA Republican leadership, it is also bent on destroying the institutions and norms our government established and refined over the last 235 years. Taking one seemingly singular policy — immigration — it is possible to see how the MAGA crowd combines multiple issues into one large untidy package and brings the wheels of government to a grinding halt.

I will explain further in the following paragraphs, but through a supposed concern over our southern border, the MAGA Republicans controlling the House of Representatives have impacted our relations with NATO and other friends and allies; disrupted desperately needed aid to Ukraine, Israel, Gaza, Taiwan and our own border; initiated impeachment proceedings against a cabinet official; threatened the ability of the Supreme Court to interpret our laws; created the conditions for a state to physically impede federal officials from following the law; and elevated an out of government civilian to become the controlling entity on national policy. The implications for our country are too deep and disturbing to be merely the result of incompetence or dysfunction, although that certainly exists. It can only be attributed to a deliberate attempt to destroy our institutions in order to bring an autocrat to power.

Last October President Joe Biden asked Congress for 105 billion dollars for aid to Ukraine ($61.4 billion), Israel ($14,3 billion), and the southern border ($14 billion) and smaller amounts for Taiwan and humanitarian assistance in the Middle East. Republicans in the House and Senate immediately voiced their concerns over the request and it went nowhere. By the end of the year, Republicans were tying the money to policy reforms impacting our southern border. The president agreed to negotiate changes and invited the leadership of both parties in Congress to the White House to get the process started before the end of the year. Speaker of the House Mike Johnson (MAGA – LA) refused to participate in any solutions that did not meet all of the (mostly impractical) demands of his caucus. In the Senate, both parties, along with Secretary of Homeland Security Alejandro Mayorkas and key White House aids entered into intense negotiations. All parties involved agree that there is a crisis on the southern border and that significant steps must be taken to alleviate the situation. Compromises came from both sides, and although the final product is not yet public, many Republican Senators publicly applauded the deal, as did most Democrat Senators and the president. South Carolina Senator Lindsey Graham declared that it was the best immigration deal in decades. The legislation seems to be moving to a vote in the Senate in the coming weeks. Money for Israel — great! Money for Ukraine — great! More money to hire significantly more Customs Border Protection (CBP) agents, asylum judges, and facilities to house migrants on the southern border — great! Unicorns and rainbows and meaningful accomplishments! Except for one thing.

Speaker Johnson (also known as “MAGA Mike”) refuses to entertain any of it. Why? Because his boss, an out of office civilian pending criminal prosecution, told him to kill it. Trump has very few, if any, issues in his retribution campaign for the presidency. The only policy issue he touts to date is immigration. He deplores the current policies and claims that we have an “open border.” He uses dystopian rhetoric and xenophobia to paint the crisis on the border as an existential threat to our security and yet, no deal. He wants to run on the issue and cannot do so if it is resolved. He does not want to give a “win” to the Democrats (even though the Republicans publicly declare that they got almost everything they want) and so the country must endure another year of crisis until he is in office. A great patriot. 

Meanwhile, no money for Ukraine. No money for Israel. No money for additional resources on the border. The MAGA Republicans’ total support of Trump includes his desire to withhold money for Ukraine. The pro-Putin wing of the party would like to see Ukraine fail. This is not a domestic issue. By preventing the United States from fulfilling its commitments to NATO, Ukraine and our friends and other allies around the world, we are sending a very clear message to the world that no country should depend on the United States for anything. This plays perfectly into the hands of Putin, Xi, Kim and the mullahs in Iran. If the United States does not stand fully with Ukraine, it is a safe bet that Xi will not expect us to stay the course with Taiwan. We will be finished as a reliable partner and supporter of democracy. The lesson for the world is that democracy does not work. Too chaotic. Too unreliable. Too dysfunctional to accomplish anything meaningful. 

Meanwhile, at the same time that Secretary Majorkas is working with the Senate to find a solution to the border crisis, he is about to be impeached by the House. No “high crimes or misdemeanors,” just that they do not like the administration’s policies. Constitutional scholars of all stripes agree that there is no basis under the Constitution or the law for such an impeachment. Only one cabinet officer in our history has been impeached and that was nearly 150 years ago. (For those curious, it was Secretary of War William Belknap in 1876 for blatant corruption. Although a majority voted to convict him in the Senate, it did not reach the required two-thirds threshold. He had already resigned.) This is just another blatant political MAGA stunt taken at Trump’s direction in order to make his two impeachments look less terrible and to further hurt our country. The Secretary is likely to be acquitted in the Senate — if they even hold a trial which is not required – but if he is removed from office, the president will appoint another person to carry out the same policies. The entire thing is blatantly ridiculous and is underway only to appease one man.

As if this were not enough, the MAGA governor of Texas, Greg Abbott is defying a Supreme Court order concerning the placement of razor wire along the border that restricts and in some cases prevents the federal CBP from doing their job. Under the Constitution, the United States has jurisdiction over immigration and the borders, not Texas. The MAGA rhetoric surrounding the issue is reminiscent of that from southern states in the 1850s. ”States’ rights” is again the issue. Governor Abbot is using the Texas National Guard to “defend” the border and to prevent the federal agents from doing their jobs. Other MAGA governors are promising to send Guard units to Texas to help them defend their “sovereignty” and Governor Abbott’s claims that “the fight is not over” and that Texas has a right to “self defense.” By that he means that state laws and policies have priority over federal law, in direct conflict with the supremacy clause of the Constitution. Great MAGA minds such as Representative Thomas Massie (KY) promote over riding the Supreme Court decision by eliminating President Biden’s border funds. In other words, he advocates solving the border crisis by defunding the DHS. Brilliant! The next steps by the governor or the president are unclear as I write, but it could easily escalate into another self-generated crisis. What is clear is that MAGA politicians are willing to go against the Constitution in order to support Trump and his ambitions. A bad sign for our future.

Taken as a whole, the House of Representatives and certain state houses around the country see that their goal is to create chaos and disruption in order to bring down our established norms and institutions in the name of one man. There are multiple severe domestic and international threats to our national security as a result. Dysfunction may be MAGA’s middle name, but such a wide spread and concerted effort can only be explained when we realize that the real point is the destruction of our norms in order to elevate an autocrat to power. 

Assassinations Are Okay

Posted: January 13, 2024 | Author: | Filed under: Uncategorized | Tags: , , , , , , , | Leave a comment

It is easy to get caught up in all of the vile, dangerous and non-sensical pronouncements of Donald J. Trump (he recently said that Abraham Lincoln should have negotiated with the South and thereby prevented the Civil War — and if he had done so, “you probably wouldn’t even know who Abraham Lincoln was.”) The problem is that if we ignore it, or just laugh it away, we run the danger of normalizing his behavior. On the other hand, the more we talk about it, the more he does it. I am sick of the guy and wish we could focus on defining our nation’s course going forward, rather than dealing with him. Unfortunately, the reality is that he is here to stay, whether or not he gets a second term.

Sometimes, we really need to pay attention. One of those times occurred this week and it was not Trump speaking but rather his knowledgeable and experienced attorneys making what they felt was a reasoned and Constitutional argument in the U.S. Court of Appeals for the District of Columbia. A three judge panel is hearing Trump’s appeal of a lower court decision that he does not have total immunity from prosecution for any actions that he took as president. His lawyers claim that any president has total immunity as evidenced by over 200 years of our history where no president has ever been criminally tried for actions taken while president. Which is true. Mainly because no previous president committed crimes while in office. (The relevant exception is Richard M. Nixon. He accepted a pardon which is considered an admission of guilt.)

Without getting too far down into the inner workings of the law, especially since I am not an expert, my understanding is that Trump’s attorneys are arguing that under the Constitution, a president must be impeached by the House and convicted by the Senate before he or she can be prosecuted for a crime. They base their argument on Article I, Section 3, Clause 7 of the Constitution which says:

“Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.“

In other words, they argue, no conviction in the Senate, no prosecution for a crime. Which turns the established interpretation of the clause upside down and opens up a whole can of worms over hypothetical situations where the president can literally get away with murder. The Court of Appeals and Trump’s lawyers went there.

Judge Florence Y. Pan asked Trump’s lead attorney Mr. D. John Sauer if any president could be charged for ordering SEAL Team Six (the Navy’s elite special forces unit) to assassinate a political rival. The reply by Mr. Sauer was that a president could only be tried if the House impeached him and the Senate convicted him. Without those preconditions, there was no possibility under the Constitution to prosecute him. 

This was no wild claim made during a Trump rambling campaign speech in front of his adoring followers. This was the legal argument in the U.S. Court of Appeals.

The hypotheticals cascade from there. The president could murder anyone and resign before being impeached. The president could murder a rival and then have his non-supporters in the Senate killed before he was convicted. The mind can run loose on any number of scenarios. Mr. Sauer argued that a president was immune from prosecution for all of that unless impeached and convicted in the Congress.

This is what we have reaped for putting Trump center stage.

I have no idea whether Trump or any other president would try to eliminate all political opposition through murder. What it does tell me is that should the court decide that a president is immune from prosecution for any actions while president, then Trump will use that finding to his full advantage. He will undertake all kinds of previously unimaginable activities as president if he thinks it will help him to get whatever he wants and he cannot be held accountable. 

To be clear, there are some complications to finding that a president can be prosecuted for any action taken while president. In Trump’s mind that means he can prosecute Presidents Obama and Biden should he so desire for any action of theirs that he decides was “criminal.” The Appeals Court (and likely the Supreme Court where the case could go next) will have to figure out a way to define or limit the parameters for prosecution. We must all remember as well that presidents do not prosecute people. The citizens of the United States prosecute people. Grand juries indict people. A jury of our peers hears cases involving the alleged crimes and must reach a unanimous guilty verdict. Laws must be followed. Yet, it is clear by Trump’s arguments that he thinks he is above the law and I, for one, have no doubt that should he get into the White House again, he will ignore any limits that may have constrained his predecessors.

When we worry that we spend too much time, energy and resources on thinking about Trump, remember that he thinks assassinations are okay.

Abandon The Truth And Lose Democracy

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

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

— Joni Mitchell in “Big Yellow Taxi”

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

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

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

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

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

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

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

Very dangerous.

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

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

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

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

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

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

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

“A Republic If You Can Keep It”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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