The Rule Of Law Is Going, Going…

Posted: January 21, 2025 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , , , , | 1 Comment

Most of you were probably carrying out your daily routine, going to work, studying for classes or otherwise too busy to watch the coronation of our new president. By design, it was quite the show. Whatever else he may be, the new president is a showman (of the lowest common denominator) and salesman (not that I would buy anything that he sells). For many Americans, that seems to be enough.

Along with the show, he signed twenty six Executive Orders (E.O.) yesterday during and after the inauguration events. They fell into several general categories. Some were just silly, such as declaring that the “Gulf of Mexico” is now the “Gulf of America.” Some rescinded every meaningful E.O. issued by President Joe Biden, whether or not it was good for the country — if Biden signed it, it’s gone. Some enacted his wildest campaign promises. Some ended our participation in various international organizations. The list goes on.

To me there were three that stood out because they indicate that the current president intends to ignore the rule of law and the Constitution to do whatever his whims dictate — just because he thinks he can.

First, he overrode the suspension of Tik Tok in the United States. Personally, I’ve never knowingly seen a Tik Tok video and have certainly never posted on that platform. I cannot speak to its role in the lives of 175 million Americans. What I do know is that the president declared it a threat to American national security during his first term and pushed to have it banned. (The threat comes from the Chinese Communist Party as Tik Tok’s parent company is based in China. It collects massive amounts of information on every Tik Tok participant. Such knowledge and infiltration is a threat to our national security in times of conflict.) Congress went to work and passed an overwhelmingly bipartisan bill that banned the platform by a date certain (19 January 2025) unless it was bought by an American entity. President Biden signed it into law. The law was appealed to the Supreme Court that unanimously ruled that the law was Constitutional. (A rare 9-0 vote in these times.) To recount, the legislative, executive and judicial branches all duly considered the threat to national security and concluded that it was valid. They all agreed to ban the platform. The new president overrode all of that. Mainly because the tech-bros wanted it and the CEO of Tik Tok flattered the president as the savior for 175 million Americans (and who knows what else was promised or exchanged?) If the price is right, one wonders what other laws will he decide to ignore?

Second, he declared an end to birth right citizenship which is enshrined in Section One of the Fourteenth Amendment of the Constitution. “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” In case you missed your High School civics class, the president cannot do away with parts of the Constitution on impulse. This is a direct threat to all of us. Since 1868 the idea that those born in America are Americans has been foundational to who we are as a nation. It was a main driver to those that immigrated to our country during all of those years knowing that they and their children had a chance to be treated just like anyone else in this great land. Its foundation was the need to enforce the other elements of the Constitution protecting formerly enslaved people and to give them the same rights as their enslavers. Immigration policies or not, a president cannot just ignore the Constitution because he does not like what it says about all of us having equal rights under the law.

Third, in what to me is the most egregious of all of his E.O. actions, is the pardoning of roughly 1500 criminals and the commutation of the sentences of fourteen more involved in the violent attempt to over throw our government. Their actions led to the first time that our country did not have a peaceful transfer of power after an election. Most vile of all, the president’s inauguration speech contained passages that continued to push the Big Lie — that he won the 2020 election which was the cause of the violent attacks. He had the unmitigated gall to stand in the rotunda of our nation’s capital, which was defaced by his supporters, and spout out that the election was rigged and that these violent criminals were “J6 hostages.”

This was a giant double FU to American ideals, the American people, the Constitution, and the rule of law. So much for supporting the thin blue line and law and order.

The president of the United States gleefully and with malice of forethought put violent thugs and domestic terrorists back on the street. Some of those pardoned were convicted of seditious conspiracy. In other words, they got together to plan to violently over throw the government. 140 law enforcement officers were beaten, tased, sprayed with chemicals and otherwise nearly killed. The coup mob is now free and able to act again. Among those set free were Enrique Tarrio of the Proud Boys and Stewart Rhodes of the Oath Keepers — two white nationalist groups loyal to the president. These individuals that were all unconditionally pardoned had been investigated, indicted, either pleaded guilty or were convicted by a jury of their peers and sentenced by judges of all political stripes, including by some appointed in the president’s first term. The President’s action was a clear “in your face” rebuke of FBI agents, multiple prosecutors and judges, the Capitol Police, the Washington Metropolitan Police and anyone that suffered at the hands of the mob.

I am afraid that this is only the beginning of a long and dark period in our history. Although there are already legal challenges underway to stay or over turn many of his most absurd E.O.s, what is clear is that on the first day of his Administration, the president set the tone that he is above the law, does not need to follow the Constitution and will protect those that commit crimes on his behalf. There is no limit to the danger he presents. In his mind, anything goes and he dares anyone to stop him. My worst fears are becoming real.

What To Expect On Day One

Posted: January 17, 2025 | Author: | Filed under: Uncategorized | Tags: , , , , , , , | Leave a comment

This coming Monday is Inauguration Day. It also happens to be a federal holiday for Martin Luther King Day and the culmination of the college football season with the national championship game. Quite a busy day. For the incoming president, here is a partial list of all the things that he promised to do “on day one.” The list comes from various sources (especially Axios) based on his campaign promises, speeches, social media and interviews. Some are “head scratchers” because it either does not exist or is a made up problem or cannot be done in a day or all of the above. Advisors to the president say that he will issue one hundred Executive Orders on Inauguration Day. I suppose someone with enough time on their hands could put together some kind of bingo card or a drinking game to see how the Executive Orders match up with his promises.

  • Settle the Russia-Ukraine War. Although to be sure, he said in the first 24 hours.
  • Close the border with Mexico.
  • Begin the largest deportation effort in American history.
  • Close public schools that teach Critical Race Theory (CRT) or have a vaccine mandate.
  • End the “electric vehicle mandate.”
  • Increase oil drilling and fracking.
  • End birth right citizenship protected by the Fourteenth Amendment to the Constitution.
  • End “Green New Deal” policies.
  • End “Bidenomics” and start “MAGAnomics.”
  • Ban trans women from competing in girl’s or women’s sports.
  • Pardon January 6th criminals.
  • Stop migrant flights into the U.S.
  • Restore and expand the Trump travel ban.
  • Push for the resignation of anyone in the military involved in the Afghanistan withdrawal.
  • Shift some federal law enforcement agencies to immigration enforcement.
  • Repeal federal government Diversity, Equity, Inclusion (DEI) requirements.
  • Remove CRT from the military.
  • Reduce violent crime.
  • Reduce crime by immigrants.
  • Put sanctions on Iran.
  • Convene a Federal Drug Administration (FDA) panel to see if hormone treatments cause violence.
  • Ban transgender people from the military.
  • Ask Congress for a bill banning gender affirming care for minors.
  • Enact policies to move to having all automobiles built in the United States.
  • Restart the building of the border wall with Mexico.
  • Tell Mexico to stop drug dealers and criminals crossing the border or get hit with a 25% tariff.
  • Hit Canada with a 25% tariff on all goods if they do not stop their open border policy.
  • Roll back federal regulations that drive up the cost of goods.
  • Be a dictator. Although he conceded it would just be for one day.

That’s a pretty full day.

Anticipatory Obedience

Posted: January 16, 2025 | Author: | Filed under: Uncategorized | Tags: , , , , , , , , , | 1 Comment

“The first term everybody was fighting me. In this term, everybody wants to be my friend.”

— The President-elect at Mar-a-Lago in December 2024.

Yale professor Timothy Snyder in his 2017 book On Tyranny focused on the United States’ turn towards authoritarianism and tyranny in the context of American politics. Among other issues, he addressed a key factor in authoritarian efforts to take control that he calls “anticipatory obedience.” In essence, it means that individuals and institutions change their behavior in an attempt to conform to what they think the repressive regime will want, conformity that comes without any effort on the authoritarian’s part to demand it. It is a key factor in cementing an autocrat’s rule as well as informing the regime as to what they can get away with. As a result, in many cases the incoming regimes accrue more power more quickly than they thought possible. Many scholars point to current events in Hungary under Victor Orban as illustrative of how to turn a modern democracy into an autocracy. Victor Orban, not coincidentally, is the shining star of the MAGA movement and a personal hero to our next president.

There is a fine line between political reality, lobbying for one’s preferred policies and practicing anticipatory obedience. With any new administration organizations and individuals work to influence the new policies sure to come with the changes in the power dynamic. For example, in the modern era inauguration funds are raised by the party of choice to make a grand event of the days leading to and on the day that power is transferred. It is not unusual for political parties to sell exclusive access or V.I.P. tickets to big donors. This year, the incoming administration has run out of tickets to give out and is still raking in huge donations. According to the New York Times, by early January the current inauguration committee raised over 170 million dollars and is still collecting large donations, despite the fact that there are no V.I.P. tickets still available. That compares to a total of 107 million dollars in 2017. By some calculations the President-elect’s allies since Election Day have raised roughly 250 million dollars for the inauguration, to help promote his policies and to fill his coffers. There are no limits on the amount of any contribution and even although access is now closed to many events, some contributors are still writing one and two million dollar checks. Some of the most famous of the tech-bros have contributed millions in their company names. It is not happening because they really like the guy. Many of those same individuals were attacked during the campaign including threats to throw Mark Zuckerberg of Meta (formerly face book) in jail. He donated a million dollars to the inauguration. Was that enough? Apparently not as Mr. Zuckerberg also did away with fact checking face book posts, moved staff out of “blue” California to “red” Texas and took other measures to ensure that he would be on the good side of the incoming president. All without being asked.

Other examples of anticipatory obedience include the decisions by the billionaire owners of The Washington Post and Los Angeles Times to ignore decades of precedent and to not endorse any candidate for president after they conferred at Mar-a-Lago with the MAGA candidate. (Both papers are said to have endorsements of Vice President Kamala Harris ready to go when they were pulled.) As a result, both newspapers lost senior staff members and lots of subscribers, but they pleased a budding autocrat without being asked.

This week we are seeing numerous examples of anticipatory obedience in Congress. Republican (are there any left?) Senators are about to confirm several totally unqualified candidates to the incoming Cabinet because the Dear Leader wants them. He wants them because they will show absolute fealty to him and not to the Constitution. Does anyone really believe that, for example, Senator Joni Ernst (R-IA) really, truly believes that Pete Hegseth will be an effective Secretary of Defense? Of course not. Most of her colleagues do not think so either but they are afraid of what the MAGA president might do to them politically or even personally. In the process they are giving up one of their most important duties under the Constitution, the duty to provide advice and consent to a president’s Cabinet nominees. While it may be argued that incoming presidents should have the people in the Cabinet that share the same policy views, it is also necessary to entrust our nation to people with a solid understanding and devotion to the Constitution and that are competent in their ability to run their department.

The Speaker of the House Mike Johnson (MAGA – LA) yesterday fired the Republican chairman of the House Intelligence Committee Representative Mike Turner (R – OH). The reason according to many sources (but not according to the Speaker who gave a really lame excuse that it was time for someone else to have a chance) is that a decree came down from Mar-a-Lago to get rid of him. Why? Representative Turner was too bi-partisan and would not always toe the dictated party line. By all accounts, Mr. Turner was a solid Chairman who took his duties seriously and understood the importance of overseeing the intelligence community in a bi-partisan manner. National security is a serious business. An ill thought out policy on education could hurt our country but it is recoverable. A national security mistake could end our existence. Apparently, there will be no serious oversight in the near future.

Other examples abound, and the inauguration is not until Monday 20 January.

I for one, believe that our democracy and the institutions that protect it will be sorely tested in the coming months and years. It is hard to figure out what individual citizens can do to actively protect our republic. Professor Snyder looks at the lessons taught through history — autocrats and dictators whether fascists or communists — and finds the common threads that cause people to allow themselves to be subjugated. In my mind, anticipatory obedience is akin to the old saying “go along to get along.” Expediency and self-preservation take priority over doing what is right. The Silicon Valley tech-bros are the budding oligarchs of the United States. They are hitching their wagons to the incoming president for a reason — they are sure that he will create the conditions to allow them to wield power unobstructed. Elon Musk already thinks he is the leader of our government. He is dabbling in politics in Germany, Italy and the United Kingdom, using his billions and his own platform “X” to influence millions of followers to support far right wing agendas in Europe. Surely he expects the MAGA crowd to push our country hard right. President Biden warned us last night in his farewell speech that “today, an oligarchy is taking shape in America of extreme wealth, power and influence that really threatens our entire democracy, our basic rights and freedom” and he warned of a “tech-industrial complex” of unchecked power over our lives.

Don’t make it easy. As professor Snyder writes, “do not obey in advance.”