Exhaustion Is The Point
Posted: November 13, 2024 Filed under: Uncategorized | Tags: Autocracy, Donald Trump, Election 2024, MAGA, news, Politics, Tribunals, Trump, U.S Military, United States Constitution 1 CommentAfter last week’s election results, I thought it appropriate to take a step back, breath in some fresh air, and enjoy the upcoming holidays. After all, the President-elect won’t take office until next year. Plenty of time to worry about our future next year and to make the most of this time of year with family and friends. Unfortunately, I made the mistake of reading a newspaper — a real newspaper, one that is not part of the propaganda arm of the MAGA party. To my dismay, Trump is already putting into place his plans to make himself the Dear Leader.
Most troubling — and a clear signal of his intent — Trump is insisting that he be allowed to appoint cabinet officers, federal judges and other high-ranking officials without Senate confirmation. This is what is meant by a “recess appointment” and it is a clear attempt at busting through any remaining guardrails right out of the gate. Under Article II Section 2 of the Constitution, the Senate is tasked with providing “advice and consent” on foreign treaties and the appointment of “Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other officers of the United States” not otherwise provided for in the Constitution. To be sure, other presidents have tried to make recess appointments, especially when the Senate is not responsive to their intended appointments, and Article II Section 2, Clause 3 does give a president the power to fill government vacancies on a temporary basis if the Senate is not in session. In recent practice, the Senate theoretically stays in session even when the majority of Senators are absent in order to prevent recess appointments. I am concerned that the upcoming Senate leadership will abdicate their responsibilities as a co-equal branch of government and allow Trump free reign to appoint anyone he wants, whether qualified or not.
Trump’s intent is troubling on two levels. First, he is telling the MAGA majority in the Senate (and as of today, the House) that they must rubber stamp everything that he does. Second, it signals that he may make some appointments that are a step too far even for his MAGA controlled majority. (The recent announcement of Pete Hegseth, a Fox News anchor, as Secretary of Defense (SECDEF) may be the first test of the Senate’s loyalty to Trump.)
Additionally, it appears that Trump is attempting to circumvent the Constitution by creating government departments and “czars” that under the law can only be created and funded by Congress. Here again, given that the MAGA party controls the Congress, he may be contemplating actions that even his most ardent supporters find too extreme. Here is the type of thing to expect. Trump intends to create the Department of Government Efficiency (DOGE) and give cabinet level authority to Elon Musk and Vivek Ramaswamy to run it. In fact, the DOGE would be more like a commission or outside advisory board that makes recommendations to the White House and the Congress, the branch of government that would have to pass the laws needed to implement the recommendations. (Musk and his cronies are giggling over the acronym DOGE because that is a nod to Musk’s cryptocurrency of choice, dogecoin, the value of which is up 150% since Musk started touting the creation of DOGE. The oligarchs are in charge.) The DOGE charter is to reshape the federal government, significantly decrease the size of the federal work force by eliminating the “deep state” and abolish “unnecessary” government departments.
More good news. The Wall Street Journal reported yesterday that a draft Executive Order floated to Trump would create a tribunal to review the status of all military three and four star admirals and generals. As SECDEF Hegseth would support that effort. It is advertised as firing all of the “woke” officers in the military. What it really means is that Trump and his MAGA supporters in government would expect the military to do whatever — I repeat, whatever — Trump wants. In other words, he expects the military to be loyal to him and not to their oath to support and defend the Constitution. In his first term Trump was continually furious at many of the senior leaders in the Pentagon because they would not do his unconstitutional bidding. He means to fix that little quirk of nearly 250 years of loyalty to the Constitution rather than to one man. In fact, in Trump’s opinion because military members believe in something larger than themselves and even die for it, they are “suckers and losers.” Given that, according to the Supreme Court of the United States (SCOTUS) the president is immune for any actions he takes in his “core” powers, of which Commander-in-Chief is one, he can pretty much do whatever (that word again) he wants as long as he finds people with no morals, or ethics or regard for our institutions. And he has, and will, find many of them.
(Before I could publish this, Trump announced that Matt Gaetz of Florida, under investigation for allegedly having sex parties with underaged girls, is his nominee for Attorney General. Get ready for the purges.)
I am already exhausted by the idea of Trump as president, which is part of the plan. Fear and exhaustion are the tools of autocrats and dictators to keep the population in check and to weed out resistance. Democrats and moderate Republicans are caught in a trap. They believe in the Constitution and our traditions and norms and try to follow the law. MAGA folks do not. So President Biden invites Trump to the White House and promises a smooth and peaceful transition of power to the President-elect, while Trump refused to do either and fomented an attempted coup. The MAGA people expect their opponents to do the right thing so that they can take advantage of it. (I’m still wondering why those ten million illegal immigrants that each voted six times weren’t enough to give Vice President Harris the win. Maybe the Jewish space lasers malfunctioned.)
The pundits, experts and analysts have come up with a list of all the reasons that Vice President Harris lost to the MAGA crowd. Spare me. I blame the weak kneed Republicans that caved to a convicted felon, found liable for sexual assault, who fomented a coup, sold national security secrets, covered up hush money payments to a porn star and still believes that famous men have a right to grab women in the crotch. And those are just the highlights. Trump should never have been a candidate in 2016 and given all that we know after 6 January 2021 he should now be a golf caddy at a minimum security prison rather than president. The Republicans had every chance to put an end to his political career but were too afraid to stop him. History will show that Senator Mitch McConnell (KY) did more to destroy our country than any other single person because he had a desire for power greater than his own moral, ethical and professional misgivings. Shame is a word without relevance in today’s MAGA party.
There are some bright spots to give me hope. On the state level Democrats did surprisingly well even in red states. As a nation we did away with the Articles of Confederation because they were too unwieldly and divisive. Maybe a move back in that direction is in order. I always have and always will believe that your rights and quality of life under a government should not depend on your zip code but in today’s environment I hope that reasonable state governors and legislatures step up and assert themselves to protect their citizens from what is about to happen in Washington D.C. Those states will beacons of light keeping the principles of our democracy alive during a dark period of our history.
The People Have Spoken
Posted: November 6, 2024 Filed under: Uncategorized | Tags: 2024 Election, Autocracy, Donald Trump, MAGA, news, Politics, Project 2025, Trump, United States 2 CommentsYesterday the American people chose a new president for the next four years. I have been disappointed by election results in the past, but I have never feared for the future of our democracy like I do now with the election of Donald J. Trump and his mini-me J.D. Vance. I have always been optimistic about people in general and my fellow Americans in particular. That optimism has been shattered. I continue to believe (hope?) that when given a chance, individual Americans will do the right thing for a fellow human being. In the collective, however, my faith in Americans is gone. Apparently, given the results of the vote for president, the majority of Americans only care about looking out for themselves and “getting even” as aggrieved individuals and not about the greater good. Contrary to my previous opinions, as a nation, the majority of us prefer a racist, misogynistic, anti-semitic, egomaniac for president who given his resume could not get a security clearance, enlist in the military, or get hired by any self-respecting corporation. But the American people decided that he should have control of the nuclear launch codes.
There will be much hand-wringing, finger pointing and superficial analysis as to how we ended up here. I’ll let the Monday morning quarterbacks figure all of that out. My first blush opinion is one of two answers. Either the country was not ready for a woman of color as president (indicated by the fact that even in the reddest of states, 9 out of 10 of them had a majority vote to protect women’s reproductive rights and even where a Republican candidate won a Senatorial race they underperformed compared to Trump), or the majority of us wanted an autocrat for president. The truth probably is more complicated than that but the results remain the same. Our country wanted an unstable, mentally ill person as president. There is an old saying that we get the government we deserve. The people have spoken, and here we are. Many of his voters dismissed his most draconian, anti-American proposals as “jokes” or “exaggerations” or believe that the guardrails will keep him from his most dangerous actions. Personally, I think that those folks fooled themselves in order to justify their vote.
As I write, the MAGA party has control of the Senate and a good chance to keep the House of Representatives. If the MAGA party wins the House, there will be no guardrails keeping us on track, given that the Supreme Court has already said that a president is immune from prosecution. A president can only be impeached, which we all know will never happen with a MAGA controlled Congress. Scary.
The sky is not falling today. Or tomorrow. But I fear that a year from now we will be living in an America that none of us can imagine. I hope I am wrong.
My real worry is not that Trump will in fact carry out his “promises made, promises kept” pledge (so many of those promises are blatantly anti-American), but rather I am worried about the people around him who clearly have an agenda. I am not sure Trump even knows how our government works, but Vance and the Project 2025 gang absolutely do. They will meet their goals under Vance before Trump even shows up in the Oval Office about noon for a Big Mac and Diet Coke. Trump will be a willing vessel for anything that benefits him and he will not care much about anything else. Can you say “kleptocracy”? The zealots under Vance with their Project 2025 playbook are chomping at the bit to reshape our democracy to their vision. Robert Kennedy and Elon Musk as cabinet officials? Trump says “yes” and that they can do whatever they want. What could go wrong?
I am profoundly concerned, but I have not given up hope. There are millions of people that feel as I do and I do not think that we will go quietly into the night. It just is not clear to me right now as to the path forward in the darkness. But dawn always follows night.
Make America Hate Again
Posted: September 17, 2024 Filed under: Uncategorized | Tags: 2024 Election, Constitution, Democracy, Donald Trump, Kamala Harris, MAGA, news, Politics, Project 2025, Russia, Supreme Court, Trump Leave a comment“We’re in the process of taking this country back. We are in the process of the second American Revolution, which will remain bloodless, if the left allows it to be.”
— Kevin Roberts, Heritage Foundation, primary author of the Project 2025 plan
Thank you, Kevin, for exposing just how violent a second Trump Administration will be. A more direct threat to democracy can rarely be found than exists in the sentiments behind this exclamation. We are supposed to let autocrats have their way with our democracy, and if we resist, then they will use violence to get what they want.
I intended to write a piece outlining the dangers in Project 2025 (found here: https://www.project2025.org/policy/) as exemplified in their roughly 900 page playbook called Mandate for Leadership: The Conservative Promise (found on the same website). It is intended as the foundation of policies to be implemented by the next Trump Administration and is wildly un-American. But check it out for yourself. Trump and his campaign loudly complain that he has no connection to the project and knows nothing about it. Which may be true, because I doubt that Trump has read any policy documents either as president or as a candidate. Regardless, at least 140 former Trump administration and campaign officials worked on the project including six former Cabinet Secretaries, four nominated Ambassadors and his former deputy chief of staff.
Instead of going blow by blow through the radical ideas espoused as future policies, the bigger picture is important as we see the stark differences between the campaigns of the two major party nominees. Project 2025 is really about people. There is a cliche in Washington that “personnel is policy.” To implement their plan, the forces behind the project intend to use a presidential Executive Order to change the status of over 10,000 government jobs from civil service positions to political appointees, firing all of those long time government employees. This is the way they plan to eliminate the “deep state” and put in place people that have pledged their support to Trump, not to the Constitution, whatever they may claim. This is the key step to creating an autocratic regime. If he is the president, Trump plans to pull in all independent and semi-independent departments, agencies, and commissions and place them under his direct control. The intent is to weaponize the government to go after those that he thinks are his enemies and to pursue policies that personally benefit him.
There will be no more guardrails to uphold our democratic tradition. If you think I am exaggerating, think about this. The Supreme Court this summer declared in Trump v United States that the president is immune from prosecution for any official act taken in office. They did not delineate the extent of “official acts” (a problem, but they left it to themselves to decide in the future what constitutes an official act). They did say that it was inherent in the Constitution that a president was immune from actions taken under the “core powers” delineated in that document. They also articulated two important additional cracks in the guardrails. Any official act is still immune to prosecution even if the president did not have any evidence of malfeasance or simply had bad intentions when, for instance, ordering the Attorney General to prosecute any of his political opponents. Additionally, they declared a president’s right to pardon anyone as “absolute.” Thus, the then thought ridiculous example of a president ordering SEAL Team Six to kill his political rivals and then pardoning them is no longer ridiculous, as Justice Sonia Sotomayor wrote in her dissenting opinion on the case. The president would be immune from prosecution because one core power is his ability to control the military as commander-in-chief. Remember that Trump wanted to use the Insurrection Act to put down demonstrators through military force and to help to keep himself in power in January 2021. Now he will be immune if he tries it again.
The Supreme Court, in my view, is no longer a trustworthy guardrail. Besides, does one really think that in the future Trump will abide by a Supreme Court ruling he does not like? Especially with a bureaucracy behind him that has only one goal in mind, keeping Trump in power? His favorite president is Andrew Jackson who ignored a Supreme Court decision in the 1831 case of Worcester v Georgia. The result was the “Trail of Tears” or the forcible relocation of Native Americans to western reservations. To me that sounds just a little too close to Trump’s promise to round up millions of immigrants, put them in camps, and then send them “back.” The courts in general are suspect when a Trump appointed federal judge threw out the case against him for stealing top secret war plans, nuclear information and other classified documents. Not because of the facts of the case but for some unprecedented legal finding about procedure that legal scholars had no idea was a thing. We are on flimsy ground.
Personally, I think that there are actually three campaigns underway. It is not Democrat vs. Republican vying for the presidency. It is a coalition in favor of democracy (quite the big tent when it stretches from Senator Elizabeth Warren (MA) to former Republican Vice President Dick Cheney) led by Vice President Kamala Harris against the MAGA autocrat wannabes led by Trump. The third campaign? It is the not-so hidden agenda of the Project 2025 folks that want to take our country back to a time when women stayed home in marriages (whether or not they were loved or even safe) to raise kids, minorities knew their place (and it wasn’t in positions of power or even voting), and rich white Christian males ruled over all. Sometimes benevolently, most times in their own interest. This group’s standard bearer is Senator J.D. Vance (OH) the Vice Presidential nominee.
Trump is merely a figure head for the movement. Trump is only interested in making money and keeping himself out of jail. He will do anything the movement wants as long as he keeps the trappings of the presidency (he really likes being called “Sir!”) and anything that helps him personally. He has no real policy agenda, merely a collection of slogans and insults. Vance is the hit man. He was the personal choice of those behind the Project 2025 movement. They were over the moon when he was selected as the Vice Presidential nominee precisely because he was firmly in their camp, would pick up the slack when Trump is writing love letters to Kim Jong Un, actually run the government (with the new tens of thousands of devotees in place) and, let’s face it, Trump is an older man in generally poor mental and physical health, and should he not finish out his term, J.D. is ready to go.
How millions of Americans support a man running for the presidency who is a 34 time convicted felon, been adjudicated as a sex abuser, twice impeached for abusing his office, led a multi-pronged conspiracy to overthrow a free and fair election to keep himself in power and tells lies with real consequences such as the suffering in Springfield Ohio where he lied about the legal immigrants in that city, is beyond me. I honestly cannot get my head around it. We know they are lies because this week on the Sunday talk shows good old J.D. said so. “If I have to create stories” to get attention from the media then, he promised, he is going to continue to do so. (From watching him on TV I’m not too sure how quick on his feet he may be. The first rule of fake news is to deny that it is fake news.)
Trump is totally and completely unqualified to even be mentioned in the same sentence as “president.” He could not enlist in the military and he could not get a security clearance given his background. Yet, here we are. The real story is the one many Americans are too sanguine to believe. They think that because we saved our democracy in 2021 that we will always have it rather than thinking about how those that tried to hijack our democracy have now had some practice and four years to get it straight. The danger is incremental and thus harder to identify. As a student and as an adult I always thought about how Germans in the early 1930’s allowed their democracy to be stolen. It did not happen over night. It was years of small changes and diminished freedoms until suddenly it was too late. And, no, I am not comparing anyone or anything to the Nazis. At least not yet. More like the fascists in Italy in the 1930s. We need to recognize the danger and especially take a close look at that second campaign using Trump as their cover. Those folks are not going away even if Trump loses the election. Besides, the whole lot of the MAGA/Project 2025 crowd are already telegraphing that they will not accept any outcome other than their own victory. It isn’t going to be pretty.
I worry when I hear things like this. A news reporter asked a group of voters in a focus group about Trump’s pronouncements that he will be a dictator on day one and that after this election we won’t have to vote anymore and all the other statements he has made that he will rule as an autocrat. The focus group’s consensus was that worries about losing our democracy are just hyperbole to “scare” people and are just Democrat’s campaign talking points. They concluded that as long as they could vote, we would have a democracy. Hmmmm. I suppose Russia really is a democracy along with the People’s Republic of China and the Democratic People’s Republic of Korea. Not only do they vote but they even have the word “republic” in their country’s name!
What could go wrong?
More Than A Jury Verdict
Posted: May 31, 2024 Filed under: Uncategorized | Tags: Convicted Felon Trump, Democracy, Donald Trump, MAGA, news, Politics, Politics of Fear, The Rule of Law, Trump, United States Constitution 2 CommentsYesterday 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.
Immigration — MAGA Style
Posted: April 6, 2024 Filed under: Uncategorized | Tags: border, Border Policy, illegal-immigration, Immigration, news, Politics, Posse Comitatus Act, Project 2025, Trump, Undocumented Immigrants Leave a comment“The Democrats say, ‘Please don’t call them animals. They’re humans.’ I said, ‘No, they’re not humans, they’re not humans, they’re animals.'”
“On day one, we will terminate every open border policy of the Biden Administration and begin the largest deportation in American history starting with all of the criminals pouring in. Our local police will tell us where they are.”
— Donald J. Trump, Green Bay Wisconsin on 2 April 2024 referring to immigrants
Unfortunately, by now we are, perhaps too much so, used to the vile rhetoric of the presumed Republican nominee for president. The problem is, it is not just rhetoric. He and his minions that will populate the cabinet of a second Trump Administration are serious about doing exactly what he says. It is not rhetoric, it is a plan of action. Stephen Miller, Trump’s former senior adviser in the first administration, is in line to assume another senior position in a second term and will support Trump’s authoritarian tendencies and push harsh immigration policies to end what he calls “the equity cult.” For those that think such talk is an exaggeration or a fiction created by the media, may I recommend some light reading in the form of the Project 2025 900 page policy book Mandate for Leadership: The Conservative Promise. Chapter Five addresses immigration and other Department of Homeland Security issues. As a reminder, Project 2025, under the leadership of the Heritage Foundation, lays out the “Playbook”, policy, personnel, and training for a MAGA take over of the federal government. It is no joke. In 2016, Trump and his supporters were ill-prepared to lead and did not have a deep group of supporters to place in key government positions. It will be different if there is a second time around.
Immigration is a legitimate issue. Democrats agree that measures must be adopted to ease tensions on the border and to better handle the influx of peoples from around the world. They even worked with Republicans to come up with, according to both Democrats and Republicans, the most comprehensive immigration reform measure in the U.S. in at least forty years. Trump said no and his MAGA acolytes shut it down. They are not interested in solving the problem, merely exploiting it as a campaign issue. They have their own plan.
When Trump and his loyal henchmen talk about “the largest deportation in American history” what do they really mean? He and his future government officials look to the 1954 U.S. government deportation effort known as Operation Wetback as their guiding light. That is not the slang term for it, that is the official name of the operation. One can already tell that if a racial slur is involved, it is probably not going to be an easygoing methodology for returning immigrants to their native lands. To date, it is the largest deportation effort in U.S. history involving as many as 1.2 million people (the exact number is unclear as some people were deported more than once). The intent was to remove Mexican immigrants from the U.S. through wide-scale roundups of people, many of whom legally entered the U.S. and some who were actually U.S. citizens, and loading them on buses, trains, planes and ships to unceremoniously dump them in Mexico — often in areas totally unfamiliar to those being deported. It is a lot easier to do this if one believes that Mexicans are “not humans, they’re animals.” At the time of Operation Wetback, Mexicans were portrayed as “dirty, disease-bearing and irresponsible” here to “steal jobs” from Americans. Sound familiar?
The genesis of the operation is a bit complicated. During World War II, the U.S. suffered from a labor shortage as our citizens joined the military and worked in war production factories to stave off fascism. In 1942, the U.S. and Mexico agreed to implement the U.S.-Mexico Farm Labor Program also known as Operation Bracero. In exchange for guaranteed wages and humane treatment, farm workers were legally allowed into the country on temporary visas. Between 1942 and 1964 an estimated 4.2 Mexican workers entered the country legally to work in the Operation. Unfortunately, but still the norm today, some employers did not want to pay the agreed upon (higher) wages under the program, especially in Texas. Conversely, the Mexican government did not want their laborers working in Texas due to the deep discrimination against, and ill-treatment of, Mexican citizens, so Texas was not included in the Bracero program. (Most of the legal workers went to California.) However, Texas did import significant numbers of Mexican workers — illegally and at significantly lower wages — to which the federal and state governments turned a blind eye for many years. (The undocumented immigrants were said to have swum across the Rio Grande, thus the derogatory term “wetbacks” which came to be used as a racial epithet for any Latino worker.)
By 1953 the economic aspects of Texas farmers paying their workers substantially less than those in other states created an unfair advantage. Besides, many Americans were tired of being “over run” by Mexican immigrants whether they were legal or not. Initially the plan called for the National Guard to be used to conduct massive round ups of people (also what Stephen Miller wants to do in 2025). President Eisenhower rejected that plan citing the Posse Comitatus Act which precludes the military from civil law enforcement. In 1954, the Border Patrol under Harlon B. Carter and the Immigration and Naturalization Service under General Joseph Swing used their own agents in military style raids to sweep farms and factories and other locations employing the workers. Many were kept in the desert in wire fenced “concentration camps” while awaiting deportation. Some had their heads shaved — supposedly for hygiene purposes but really to humiliate those in captivity. Lives were uprooted, families separated and some Mexican workers died under the conditions they suffered after being rounded up and held awaiting deportation.
This is the model that MAGA Republicans promise to emulate — nay, exceed — as they promise to round up “the animals” and conduct the “largest deportation in American history.” When asked in a 2016 CNN interview if he thought that Operation Wetback was a “shameful chapter in American history” Trump replied that “some people do, some people think it was a very effective chapter. It was very successful, everyone said. So, I mean, that’s the way it is.” It most emphatically should not be the way it is.
Assassinations Are Okay
Posted: January 13, 2024 Filed under: Uncategorized | Tags: Donald Trump, Impeachment, news, Politics, Presidential Immunity, Trump, U.S. Court of Appeals, United States Constitution Leave a commentIt 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 Filed under: Uncategorized | Tags: 14th Amendment, 2024 Election, 6 January Insurrection, Congress, Constitution, Donald Trump, Politics, Supreme Court, Trump, United States Constitution Leave a comment“Don’t it always seem to go, that you don’t know what you’ve got ’til it’s gone.”
— Joni Mitchell in “Big Yellow Taxi”
Today marks the third anniversary of the insurrection designed to keep Donald J. Trump in office. Yesterday, President Joe Biden gave a speech in Valley Forge Pennsylvania reminding all of us that the attack that day was anti-American and against all of the values that we say we stand for in our country. He also reminded us that without due diligence, it will happen again. Sadly, he is correct.
The effective propaganda campaign waged by the Insurrectionist-in-Chief and his accomplices in the U.S. House of Representatives and the right-wing media is astonishingly effective. The Washington Post made headlines this week when it announced that in a Washington Post-University of Maryland poll, twenty-five percent of Americans believe that it is “definitely” or “probably” true that the FBI instigated the assault on the Capitol. Even more astounding and dangerous to me is that in that same poll, seventy-seven percent of Trump voters are “not sure” or “definitely” believe that the FBI organized and encouraged the attack.
As we start the new year, it seems that our collective optimism that a new year can bring new and improved elements to our lives, is, I am afraid, misplaced. Apparently, the MAGA attempts to destroy our country so that a “strong man” (hint, hint) can take charge and straighten out our nation’s course are going to continue and where possible, are doubled down. Let’s start with the House of Representatives. The MAGA Republicans (essentially all of those Republicans in the House) are holding hostage a bill to provide aid to Ukraine, Israel, Taiwan and our southern border until all of their demands (which coincidentally exactly match Trump’s) are met. For good measure, they are threatening to fail to act to keep the government open when the current continuing resolution (CR) partially runs out on 19 January 2024. (The CR is in two parts for different government functions. The other runs out on 2 February,) While Republicans in the Senate negotiate with Senate Democrats and the president, the House leadership refuses to participate and Speaker Mike Johnson (MAGA-LA) supports the most extreme demands of his caucus.
All of which ignores the fact that the president and Democrats in the House and Senate all agree that we need to strengthen the border and have asked for roughly fourteen billion dollars to hire new Custom and Border Patrol (CBP) agents and asylum judges, provide aid to border areas dealing with the influx of migrants and to take other measures to strengthen the border. This is not enough for the Republican House who demand, among other things, restricting asylum requests and detaining those seeking asylum until their case is heard (currently that could be years), building Trump’s border wall (while over-riding any environmental or historical concerns and allowing for non-negotiable rights of imminent domain to confiscate private land for the wall), rolling back current protections for immigrant minors, and they want to preclude any reforms to the immigration system such as paths to citizenship or legalizing “Dreamers” (immigrants that were brought into the country as young children and now have lived, gone to school and worked in the United States and are, for all practical purposes, Americans.) There is more in their plan codified in House Resolution 2, but you get the idea.
In sum, the House under the leadership of a MAGA Speaker refuses to help Ukraine fight Russia, provide needed assistance to Israel and Gaza, support Taiwan against an ever increasingly aggressive China, and provide needed assistance to our own border. But of course, they do not really care about the border. It is only a cudgel to be used to campaign against Democrats in general and President Biden in particular. Or as Texas MAGA Representative Troy Nehls said this week about the president’s border proposals, “Let me tell you, I’m not willing to do too damn much right now to help a Democrat and to help Joe Biden’s approval rating.” A great American. The issue is not solving the border problems, it is winning an election.
Speaking of such, let us return to the insurrection that increasing numbers of Americans believe is either fake, or “no big deal.” The story is a familiar one but worth repeating. Trump won the Electoral College in 2016, but as you will recall, he lost the popular vote. Immediately he called “fraud” “rigged” and claimed that there were gross improprieties in the way the results were tabulated. He then put together a national commission to prove that there was voter fraud in the 2016 election. The results of the investigation? Crickets. There was no fraud. The commission quietly disbanded. In Trump world, very little is new or original so he used the same script in 2020. Only this time he lost both the popular vote and the Electoral College. As president he tried to marshal all the resources at his command to upend the results and remain in office. When those efforts failed to work, he instigated an insurrection and gave “aid” and “comfort to the enemies” of the United States.
Here is the through line. From the beginning Trump claimed that the “deep state” and “Democrats” did not want him to be president because he would fight for the “little guy.” He made that argument in 2016, again during his presidency, and in 2020. Those lined up against the little guy would do anything to keep him from becoming president again. He has been consistent over the last three years in claiming that the 2020 and 2016 elections were rigged. Any effort to debunk that claim is derided as being part of the conspiracy to keep him from office. Thus the insurrection was dialed up by the FBI, the courts are against him, he is unfairly being kept from what is rightfully his (and his cult followers) and on and on and on. It becomes a self-fulfilling prophecy, a continuing spiral. Everything is rigged and you, the common person, are getting screwed because you are not getting what you deserve and I will give it to you. When someone is in the cult, it all makes sense. Swallowing wholesale the idea that the establishment does not want Trump in power results in everything else that happens to him make sense. It is not his fault, it is the deep state out to get him. For true believers (and there are millions, but there are also politicians that don’t buy any of that junk but see a path to their own power — more despicable than the believers) it all makes sense.
Very dangerous.
Which leads us to the Supreme Court agreeing to hear Trump’s appeal of the Colorado court’s decision to invoke the 14th Amendment, Section 3 finding that he was part of an insurrection against the United States and therefore ineligible to hold office.
For a minute, I have to pause. Which one of us would ever think that it was necessary to go to court to stop a major U.S. political party candidate from running for president after instigating an insurrection? The mere thought of it is absurd. In my mind it would be inconceivable that anyone that tried to overthrow the government would be a leading candidate for president. Or at least it would have been for most of my life. I used to think about some folks in our country and their actions and say “this is not who we are” as a nation. Now, given that millions of people, knowing all of the facts, still support a man that tried to overthrow our government, I am beginning to wonder. Maybe this is who we are as a nation.
My own view is that the Supreme Court will find a technicality to keep Trump on the ballot without actually addressing whether or not he fomented an insurrection and subsequently gave aid and comfort to the insurrectionists. If that happens, then we have lost our way as a nation. Even now, Trump calls the insurrectionists “patriots” and “political hostages.” He vows to pardon them and have government officials apologize to them. He promises revenge and retribution to get even with his perceived enemies.
Let’s quickly review the facts. More than 140 police officers were injured that day. To date 1,240 individuals have been charged with federal crimes relating to that day, 452 of them for assaulting law enforcement officers and roughly 900 have been convicted in a trial or pleaded guilty to their crimes. For 187 minutes Trump sat on his butt and refused efforts as Commander-in-Chief to take action to stop it, which in my professional career constitutes a gross negligence of duty. Obviously his oath to “preserve, protect and defend” the Constitution means nothing to him. This man has no socially redeeming value to our country. And yet, he has a chance of being elected our president and becoming a “dictator” on day one, as he publicly promised.
Some people are upset that the courts may decide that Trump is ineligible to run for president. Let the voters decide at the ballot box, they say. I say why? He has already proven that he will not accept the results of any election unless he wins in a landslide. He has tried since 2015 to actively undermine our democracy. He led a coup for goodness sake! What makes anyone think that he will follow any rules, regulations or “guardrails”? He will not. He does not deserve to run for president much less to serve. Is it undemocratic to disallow Barak Obama or George W. Bush from running? They would be popular candidates today and many people would vote for them. They cannot of course, because the Constitution says that they cannot. The same Constitution applies to Trump. I am tired of him getting special consideration that you or I would not get. Frankly, I am just tired. The man is ruining our country, wholly aided and abetted by weak people in the Republican MAGA party that are literally physically afraid of him or that have sold their souls for a smidgeon of power.
Too many people think that “it can’t happen here.” All of the evidence is right in front of our faces. It can happen here. It is happening here. There are forces at work to destroy our country in order to rebuild it in their image of a white, “Christian,” male dominated society where the “right people” dictate to the rest of us as to how to live our lives. Trump just happens to be their standard bearer. Stopping him will put a crimp in their plans but it will not stop their efforts when a new Trumpian figure is in place. The bulk of the Republican party no longer is the party of small government, state’s rights and limited spending. They still talk that game but their actions show that really they want a large monolithic government that dictates the life choices, health care, education, even what books to read for our fellow citizens. It is their way or the highway. Otherwise you and I are “vermin” “poisoning the blood” of America. Believe what they tell you.
For 246 years we have had a pretty good ride as a democratic republic that values the freedom of individuals. Ours is not a perfect union, but throughout our history we strived “to form a more perfect union.” We sure will miss it if we lose it.
“A Republic If You Can Keep It”
Posted: December 21, 2023 Filed under: Uncategorized | Tags: 14th Amendment, 2020 Election. Insurrection, 2024 Election, Constitution, Donald Trump, Insurrection, Politics, SCOTUS, Supreme Court, Trump Leave a commentIn a 4-3 vote on 19 December 2023, the Colorado Supreme Court reached a momentous and far-reaching decision. Citing Section 3 of the 14th Amendment, they deemed that Donald J. Trump was ineligible to be president again because he engaged in an insurrection on 6 January 2021. This decision raises many perplexing questions that could impact the future of our democratic republic.
The 14th Amendment was enacted in 1868 to solidify the civil rights gained through the Civil War. Primarily, it protects the rights of all Americans by addressing the basic tenets of citizenship in the United States. Perhaps its most cited sections concern birth-right citizenship and equal protection under the law found in Section 1 of the five sections. Section 3 is included to prevent former Confederates from holding state or federal office and reads as follows:
“No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any state, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any state legislature, or as an executive or judicial officer of any state, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.”
The Colorado decision will undoubtedly be appealed by Trump’s lawyers to the Supreme Court of the United States (SCOTUS), as I believe it should. While current “conservatives” push state’s rights, our system will not function if each state decides for itself what criteria are necessary to run for president. The question is how quickly the SCOTUS will hear the case. The Colorado court stayed its decision until 4 January 2024, unless the case is heard by the SCOTUS before then. The date reflects a 5 January deadline for printing the state’s primary ballot. There is precedent for a quick SCOTUS decision regarding presidential ballots as found in the 5-4 decision in 2000 that effectively handed George W. Bush the presidency in the case Bush v Gore.
Before moving forward with this piece, there are a few things to say up front. I am not an attorney and certainly not an expert on the Constitution. I do, however, have a brain and believe that this section of the amendment is pretty straight forward in its language. I must also add that this case in not the result of far left wing radicals or an attempt by Democrats to derail the Trump campaign. The plaintiffs in the case are five conservative Republicans and an independent voter. The original arguments for applying the 14th Amendment to Trump came from some of the most conservative judges in the country, including members of the Federalist Society. It remains relevant to remember that the ruling disqualifies Trump from the ballot. It does not impose any punishment or result in a conviction for a crime. As is often cited, he is not qualified under the 14th Amendment just as he would not be qualified if he failed to meet the other requirements for the presidency under the Constitution (at least 35 years old, a natural born citizen and lived in the country for at least 14 years).
It would be easy to get down in the weeds and parse every word of Section 3. I am sure some will do exactly that. It seems to me that there are a few salient points that address the issues in larger ways through these main arguments.
Is the president an “officer of the United States?” Common sense and logic say yes. Why would the Constitution disqualify an insurrectionist from every office requiring an oath to the Constitution, except for the highest office in the land and the one most susceptible to danger from insurrection? The counter argument is that the Constitution often references specific requirements, duties or official actions for office holders. The President and Vice President are not listed in Section 3 by name so therefore they cannot be disqualified for being insurrectionists. This just does not pass the logic test. It does not even pass the Trump logic test. In other court cases he is arguing that he is immune from prosecution as an officer of the government, but here, he claims not to be.
Another area of dispute involves the boundaries of what exactly constitutes an insurrection. Was the attack on Congress on 6 January an insurrection? And if it was, how is Trump as president responsible for the attack or giving “aid and comfort” to it? To me, the actions Trump took for days and weeks leading up to the attack clearly demonstrate his intent and clear actions to prevent the peaceful transfer of power. The counter argument is that Trump has never been found guilty of engaging “in an insurrection or rebellion,” indeed he has yet even to be indicted for insurrection. Therefore, the argument goes, he cannot be disqualified. The Colorado Supreme Court and the lower court before it, studied the available, exhaustive investigations into the attack and unequivocally declared it to be an insurrection. I am with them.
Some argue that the disqualification would be imposed without due process. Again, I am not an attorney but it seems that Trump had lawyers in the court room presenting the case for his continued eligibility. They presented arguments as to why the Constitution should not apply and provided evidence to support their case. They will have the same opportunity in front of the SCOTUS. What more do they want?
Other arguments against the disqualification include questions concerning whether or not the provisions in this amendment are “self-executing.” In other words, is it a provision that can stand on its own and that can be enforced without any other action or laws required? There are a number of self-executing provisions in the Constitution, especially in the designation of powers of the three branches of government. Partly, this is about what exactly is an insurrection or rebellion. Should it be defined in law with specific consequences clarifying the 14th Amendment?
These are the broad outlines of the legal arguments swirling around the Colorado decision. The real fall out, of course, is political. Many MAGA and Republican luminaries are arguing that Trump’s fitness and qualifications for office should be decided at the ballot box. It is, they shout, un-American to keep the people from voting for the candidate of their choice. When I stop laughing, it might be worth noting that Trump tried, and continues to try, to do exactly that. He still claims he won the 2020 election and worked hard (including an insurrection) to keep the will of the voters from coming to fruition. He already tried to overthrow the government! He tried to prevent the duly elected president from taking office! How can that be any more un-American or anti-democratic? One might argue that disqualifying him from the ballot is actually the most pro-American, pro-democracy act we could imagine. The court system works “without fear or favor!”
(Note: In a future piece I plan to address Trump’s attacks on the judiciary, of which this is one more. The main institution that saved our Republic after the 2020 election was the courts. Trump is now working as hard as he can to disrupt, destroy and de-legitimize our court system. If he succeeds, there will be no guard rails to save our democracy should he prevail in 2024.)
The vast majority of the original citizens impacted by Section 3 of the 14th Amendment were never indicted or tried for insurrection or rebellion. There were no Congressional laws defining how the amendment should be applied. Why must we always bend the system to fit Trump’s desires and demands?
I hope that the Justices decide the case purely on legal and Constitutional grounds while ignoring the crescendo of pro-Trumpers that will put tremendous pressure on them to “stay out of politics.” Screaming “separation of powers” and all of that. I do not see how the SCOTUS can ignore the political and social ramifications of any decision they make. It will be viewed as a political decision, whichever way they go. My guess is that they will decide the issue on a narrow technical aspect of the law and the Constitution. As some suggest, they may hang their hat on the final provision of the section and decide that since the Congress can override a “disability” with a two-thirds vote of each House, then this is really a matter for the Congress to decide and the courts should stay out of it.
In the end, we will be further down the road of dysfunction and division. 2024 will be wild. Be there.
America Held Hostage
Posted: May 8, 2023 Filed under: Uncategorized | Tags: Appropriations, Budget, Debt Ceiling, MAGA Republicans, Trump, U.S. Constitution Leave a commentAs traditionally happens in this century, a Republican controlled House of Representatives is holding the nation’s debt ceiling hostage to get concessions from a Democrat president. So far, despite the cliff hanging last minute resolutions of the past, the U.S. has never defaulted on its debts. This time it feels different. I’ll explain why below.
As I have written in this space before, it is important to remember that the debt limit is based on commitments already made by the U.S. government based on the budget and appropriations authorized by past Congresses. It is not about new spending. It is about paying for past commitments, much like using a credit card to pay for a new suit and then later having to pay the credit company for the clothes you are already wearing. The laws creating the debt ceiling can be traced to the U.S. entry into World War I and were designed to make it easier for the government to expend funds in time of war. Since 1960 the debt ceiling has been raised 78 separate times, 49 times under Republican presidents and 29 times under Democratic presidents. Indeed, it may surprise you to know that the debt ceiling was raised three times under the last administration with no muss, no fuss and in a bipartisan vote.
Why the debt ceiling is important can be complicated. Likewise, so is the impact of failing to raise it this time. In part, no one knows exactly what will happen because the U.S. has never defaulted on its obligations to pay creditors. However, most economists and financial experts believe that a default, perhaps even the threat of a default as we inch closer to the deadline, could have catastrophic consequences for the U.S. economy and to the world economy. As Catherine Rampell succinctly outlines it in an opinion piece in the Washington Post, based on interviews with leading experts on the subject, the result would be a “financial Armageddon.” Briefly, much of our and the world’s investments and financial institutions are based on the ironclad belief in U.S. Treasury bonds. The U.S. has always made good on the interest and principal payments for those bonds. They are the bedrock of the financial system because they have always been considered risk free. If U.S. bonds are deemed unreliable and they are down graded, it has a cascading effect on other assets. As a result, interest rates would rise across the board, the stock market would plummet, companies holding bonds that count on bond interest payments for revenue and investments could collapse, investors accepting bonds as collateral could call in the money owed, which without the bonds and their interest, could cause borrowers to go bankrupt and if all of that happens at the same time, the system simply would collapse.
Kind of a big deal. That summary also does not mention that Social Security, Medicare, Medicaid, military salaries, government workers salaries, etc. etc. would not be paid. Some believe that “selective” payments of certain bills over others could mitigate the impact of a full default but no one in government is sure how that would work, who decides and whether it is even legal under current laws.
That is why the MAGA Republicans are holding the debt ceiling hostage. The consequences are considered to be so dire, that surely the president must concede to their draconian demands in order to save the world. Bwaaaahahahaaa.
In theory, we have already broken through the ceiling. In practice, through the use of “special measures” Secretary of the Treasury Janet Yellen has been able to keep paying the bills. She now says that come 1 June, the special measures will no longer be able to meet the payments required.
The Republican controlled House did pass a debt ceiling increase in a bill last week. Many of the Republicans that voted for it expressed their opinion that it would never make it into law but rather that it was just a starting point for negotiations with the president. In fact, President Biden is scheduled to meet with the leaders of both parties in the House and Senate to discuss the issue tomorrow. The problem is that President Biden says he will not negotiate with terrorists. Well, I said that. He said he would not negotiate over the debt ceiling but was happy to do so for the budget and appropriations. The Speaker of the House refuses to separate the issues. Probably, because the House bill passed last week is so extreme, he knows it will not pass on its own and thus he must hold the debt ceiling hostage in order to squeeze out concessions.
Please note that President Biden put forth his budget over a month ago and the Republicans have yet to present their version of the budget, only the vague provisions in their debt ceiling bill. (A quick primer on U.S. government. The budget is the desired spending requirements and where, the Appropriations process is where the actual allocation of funds occurs and the Authorization committee allows for funds to be spent. The bills usually go through a lengthy committee process that involves detailed negotiations. That is the “regular order” that the president would like to see happen rather than the high stakes game playing out now.)
Here are some of the highlights of the bill pushed through by the MAGA Republicans in the House. The actual bill is hundreds of pages long, but here are areas that have drawn the most attention. The debt ceiling will only be extended until March of 2024. Thus if the president accedes to all of their demands, we will be in the same situation in less than a year anyway and an election year at that. They demand a 22% cut in all “non-defense discretionary spending.” They also say Social Security and Medicare are off the table. As Dana Milbank explains, that means that the areas cut will, among others, include the FBI, border security, airport security, highway construction, veterans health benefits, food stamps, national parks and a whole lot more. If they decide not to cut 22% from some programs (remember that they have not said where the cuts will come from, only that they are required), then the cuts will be more than 22% in some areas. Should this become law, it will have a devastating impact on our economy. Economists warn that the provisions of the current bill would greatly increase unemployment, significantly slow economic growth and raise the probability of a recession in the coming months.
Why would the MAGA Republicans want to do that? Two things come to mind. One, is if the economy is significantly disrupted, it increases Republican chances to retake the White House and the Congress in 2024. That’s the most charitable scenario. The second reason for playing with the economy is much more nefarious in my mind.
By definition, MAGA Republicans are ardent supporters of Trump, Trumpism and the insurrectionists on 6 January. Trump tried to overthrow the government in order to keep himself in the presidency. There is no question about that. Fake electors. Attacks on voting machine companies. Pleas to find phantom voters — “I just want 11,780 votes.” Fomenting violence against the Congress to preclude a fair and peaceful transition of power. It is all there. They are domestic terrorists. Too strong a statement? I think not. What else would we call people that supported overthrowing the duly elected government of the United States? If they supported Osama Bin Laden they would be called terrorists. He didn’t fly the planes into New York and Washington DC. Yet, clearly he was a terrorist. How is it different in this case? I cannot believe that anyone in these united states would support Trump for anything other than a long prison term. I cannot think of one good policy or decision that he made. But even if you named twenty wonderful things that he did, sorry, game over. He tried to foment a coup to overthrow the government. End of discussion. It did not work but I think he and his supporters will try again. Yet increasingly, Trump’s actions are being normalized. He has an upcoming one hour “town hall” on CNN. That is normalizing his actions and legitimizing his candidacy. To date, no other candidates have a one hour town hall scheduled. Why give him his infomercial to spread lies?
What does all of this have to do with the debt ceiling? My point is that there are MAGA Republicans willing to do anything to get rid of President Biden and bring in Trump (or some other autocrat wannabe like him). If that means tanking the world economy and throwing everything into chaos, then so be it. Terrorists use every means available to gain their desired end state.
I have absolutely no doubt that there are members of the House that would be perfectly happy to see the U.S. default on its debt. Just the price of doing business to create the conditions for an autocrat to assume power.
There are ways to stop the madness. I am not sure that there are any Republican “moderates” left in the House that could be counted upon to do the right thing. They all voted for the current mess of a bill that we have now. Yet, the Speaker only has a four vote majority. There may be five or ten Republicans willing to break ranks and join the Democrats to pass a reasonable debt ceiling bill. There are at least 18 House districts where Republicans won, but President Biden won the presidential vote handily. The Democrats already have a bill in committee that could be used to create a “discharge petition” that under certain rules, could bring a bill to the floor despite the Speaker’s objections. It requires the signed support of the majority of the House, which while a long shot, has a chance. Unfortunately, the window between proceeding with collecting the signatures and the date of default is very narrow.
Another option may be the 14th Amendment which reads in part, “The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned.” The original intent of this portion of the amendment was a reaction to Civil War debts, and it has never been used in modern times. Some legal experts believe that it gives the president authority to exceed the debt limit on his own, but should it be invoked, it will surely end up before the courts and that process could lead to a long period of uncertainty which would be nearly as disastrous to the economy.
What is certain is that no one knows exactly how this will be resolved. Current proposals include a few months extension for more negotiations, but personally, I do not see how the situation will change by then. The simplest answer is to raise the debt ceiling with a “clean” bill (no amendments or poison pills attached) and then do as the government should do — negotiate separate budget and appropriations bills.
But then when was the last time that things unfolded as they should?
Tom
Into The Fray 
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