Blog on the Run: Reloaded

Wednesday, January 23, 2019 6:47 pm

Impeachment: OK, now it’s go time, redux

On Friday I said we can wait no longer to begin holding impeachment hearings for Donald Trump in the Houses of Representatives. Now I’m gonna tell you a little more about how we can do that.

You don’t have to be a lawyer to understand this. You just need to know that Trump, like every president before him, swore an oath to “faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.” (That oath is found in the Constitution at the end of Section 1 of Article II.)

Now, is there anyone out there who’s prepared to argue, seriously and sincerely, that Dolt 45 has faithfully executed the office? Or that he has worked to preserve, protect and defend the Constitution? Not only has he failed to do so, he has deliberately attempted to do otherwise.

Indeed, hundreds, nay thousands, of contrary examples exist in the public record. The House hearings could go on for years if they attempted to be comprehensive.

The Constitution, in Article II, Section 3, also requires the president to “take Care that the Laws be faithfully executed.” I think creating and artificially extending a government shutdown is not taking care that the (spending) laws be faithfully executed. I imagine it wouldn’t take much to convince a House majority of that, either.

That is what the House should do. It doesn’t need to wait for Robert Mueller, and it shouldn’t. Speaker Nancy Pelosi should direct House Judiciary Chairman Jerry Nadler to open those hearings at once, amass evidence of Trump’s malfeasance, and issue articles of impeachment for the full House to consider.

The country can’t wait any longer. Let’s do this.

 

Advertisements

Friday, January 18, 2019 8:02 pm

Impeachment: OK, now it’s go time

Buzzfeed reports that special counsel Robert Mueller has documentary evidence that Donald Trump ordered his attorney Michael Cohen to lie to Congress. If that’s true, Trump must be impeached immediately.

Donald Trump committed his first impeachable offense on his first day in office and has continued it daily since: profiting personally from his D.C. hotel, to which his supporters here and abroad flock, in violation of the Constitution’s Emoluments Clause. He did it right out in the open, where everyone could see it, no investigation required.

And there are varying degrees of proof in the public record that he has committed other arguably impeachable offenses, too, including but not limited to suborning perjury, money laundering, sedition (if not treason), and so on.

Since May 2017, special counsel Robert Mueller has been investigating ties between Russia and the 2016 Trump presidential campaign, as well as such possibly related issues as money laundering.

Trump was able to do what he did because for the first two years of his term, Republicans controlled both houses of Congress. They would neither hold Trump accountable nor allow Democrats to do so.

That changed on Nov. 6, when Democrats scored a victory not seen since the immediate aftermath of Watergate. Incoming Democratic House committee chairs vowed that Trump would undergo oversight.

As I say, Trump has been guilty of at least one impeachable offense since Day 1. And I believe he should be impeached, on that charge and others. But up until this morning, I had been (grudgingly) content to await the results of the Mueller investigation and/or any reports from the House investigating committees before Congress started discussing that.

And there’s a reason for that: Impeachment, a remedy included in the Constitution by the Framers, is an inherently political act. Other than treason and bribery, the Constitution doesn’t say what an impeachable offense is, with the practical result that an impeachable offense is whatever a majority of the House of Representatives thinks it is. Accordingly, I thought that for any impeachment effort to have much public support, it should be based on the findings of Mueller and/or the House. After all, when Republicans outran public support for their investigation of Bill Clinton in 1998, they paid heavily for it in that year’s midterms.

That changed this morning, when I read the Buzzfeed report that Mueller has documentary evidence that Trump ordered his attorney Michael Cohen to lie under oath to Congress about when negotiations on the proposed Trump Tower Moscow ended. Indeed, Cohen wasn’t even a source for the story. Mueller obtained the documentary evidence first and then went to Cohen for confirmation, which Cohen provided.

Directing another person to commit perjury — “suborning perjury” — is a felony punishable by up to five years in prison and a fine. Not only that, Trump’s nominee for attorney general, Robert Barr, whose confirmation hearings were held this week before the Senate Judiciary Committee, testified in response to questions from both Republican and Democratic senators that for the president to suborn perjury would definitely constitute a crime. (I’m not entirely sure Barr knows what he’s getting into here, and I’m very sure he’s not up to the task and might even be compromised, but that’s a subject for another post.)

Suborning perjury was the first thing mentioned in Richard Nixon’s articles of impeachment. There should be no doubt in anyone’s mind that if in fact the Buzzfeed report is true, the House needs to be drafting articles of impeachment immediately.

Is the Buzzfeed article true? To be fair, we don’t know. It was sourced to two unnamed federal agents. The reporters said they had seen some of Mueller’s documentary evidence, but they could  not obtain and publish copies. At this writing, no other news outlet has independently confirmed the report that I know of.

On the other hand, Buzzfeed, although a new-media upstart, is a credible and professional news outlet — so credible and professional that it was a 2018 Pulitzer Prize finalist in international reporting for what the Pulitzer board called its “stunning probe across two continents that proved that operatives with apparent ties to Vladimir Putin have engaged in a targeted killing campaign against his perceived enemies on British and American soil.” And Jason Leopold, the lead reporter on the piece, is well-regarded as a “ninja” in the business for the ways in which he has used the federal Freedom of Information Act to expose government wrongdoing. (Yes, Buzzfeed catches crap for publishing listicles and other eye candy — but that’s how it pays for investigative reporting. For the record, in 25 years in newspaper I didn’t work for a single paper that didn’t pay for the investigative work with sports, comics, and horoscope, and I don’t recall anyone complaining.) So while we don’t know whether the article is accurate, I think its accuracy is far more likely than not. And if it is accurate, that gun is as smoking and hot to the touch as they come.

Adam Schiff, the California Democrat who chairs the House Permanent Select Committee on Intelligence has said that his committee will be investigating the allegation. Ideally, Mueller will share at least enough of his documentation with Schiff to provide a basis for a referral to the Judiciary Committee for impeachment. And once that happens, Judiciary needs to roll out articles of impeachment and the House needs to pull the trigger.

We are in the midst of the longest government shutdown on record, and it is 100% the responsibility of Donald Trump and the Republicans. The House has passed measures to end it. The Republican-controlled Senate even passed a spending bill 100-0 that Trump rejected after conservative propagandists Ann Coulter and Rush Limbaugh criticized it. Since then, GOP Senate leader Mitch McConnell has not allowed another Senate vote. Trump and McConnell are holding 800,000 federal employees and an untold number of private contractors hostage over Trump’s plan to build a wall on the country’s southern border — a wall that, at this writing, almost 60% of Americans say they oppose. If the shutdown continues much longer, it may well push the country into a recession.

This presidency is on fire. This country is on fire. Given what we learned today, we cannot wait any longer. The House needs to go ahead and impeach Trump for suborning perjury; the Mueller investigation and House committee investigations should continue their investigations, but we can’t afford to wait for them anymore. Impeach Trump. Now.

UPDATE: Welp, Mueller’s office is denying the Buzzfeed story, The Washington Post is reporting. So stay tuned, kids.

 

 

 

Thursday, January 17, 2019 6:55 pm

It’s all Colbert’s fault

I blame Stephen Colbert.

The comedian was speaking to the White House Correspondents Association annual dinner in April 2006 — to the audience in general, but to President George W. Bush, whose poll numbers by then were low, in particular. Colbert said:

Now, I know there are some polls out there saying that this man has a 32% approval rating. But guys like us, we don’t pay attention to the polls. We know that polls are just a collection of statistics that reflect what people are thinking in “reality.” And reality has a well-known liberal bias.

Even then, people were getting news from comedians as well as traditional print and online news sources — and even then, if you live in reality, you had to admit that the comedians frequently provided a … well, less distorted version of objective reality than the traditional news sources.

Only here’s what I think sometimes happened. I think conservatives heard that line and took it literally. Frankly, not much else explains both the behavior of Donald Trump and the Republican Party leadership and the more or less unbudging support for Trump of roughly 37% of the population (although we learned today, from multiple sources, that that number might, finally, be slipping). They’ve shown an aversion to reality that, frankly, is hard (though not impossible) to explain any other way.

And all kidding aside, that aversion to reality can have and is having dangerous effects on the world, our country, and us personally. Only reality-based solutions to problems are likely to work.

Global warming is a huge threat to civilization, and the experts in that field say we have roughly 10 years left to make the significant changes needed to reduce the threat. Republicans mostly oppose any effort to do anything about it. That’s a step up; not so long ago most refused even to acknowledge that global warming existed.

In terms of economics, Republicans have been peddling fantasy for 40 years. No, tax cuts generally never pay for themselves, and big tax cuts on the highest earners in our country not only haven’t paid for themselves, let alone delivered the economic growth that was promised, they’ve also had the effect of funneling wealth up from the working class and middle class to the already very wealthy. I think it’s fair to say that Republicans know their tax policy is fantasy; they just don’t care.

And their policies in areas from health care to the environment are not fact-based, either, and pose the risk of tens of thousands of additional premature American deaths every year.

So it’s all Colbert’s fault, and he needs to reopen the government.

 

 

Wednesday, January 16, 2019 7:17 pm

These two things are not the same

It is hard to believe that there are still people around who think that both major political parties in the United States are the same and that they are equally bad. But I ran into one today.

Truth is, they’re not, and here’s some proof:

One and only one party has relied on appeals to bigotry, with decreasing subtlety, for more than 50 years.
One and only one party supports a fact-free economic and tax policy, one that further enriches the already very rich mainly by hoovering up what remains of the wealth of the middle class and the working class.
One and only one party has made torture an instrument of national policy.
One and only one party wiretapped its own citizens without a warrant in felony violation of the law and then, when the news became public, retroactively changed the law to escape punishment.
One and only one party wants to funnel money to for-profit prisons.
One and only one party denies the existence of anthropogenic global warming.
One and only one party supports energy policies that will make global warming worse, not better, even as scientists say we have roughly 10 years, at best, to do some pretty drastic things just to level it off.
One and only one party is imprisoning children at the border.
One and only one party is pushing to reduce LEGAL immigration by 50%, which would be economic suicide.
One and only one party is working actively to weaken our international economic and military alliances and gutting our State Department.
One and only one party is tolerating more than 30,000 firearm deaths per year, many of them absolutely preventable.
One and only one party is just fine with Saudi Arabia assassinating a U.S. journalist.
One and only one party is acting as an agent, or at least an asset, of a hostile foreign power.
 
I could go on, but I hope you get my point: Both parties are not the same. Republicans are demonstrably worse for the country than Democrats and have been since no later than 1992 and arguably since the early 1960s. Anyone who says the two parties are equally bad is lazy, ignorant or lying. There’s no other option.

Friday, January 4, 2019 1:03 pm

Election 2020: I do not like the whole idea of likability

Ignore anything and everything you read about a presidential candidate’s “likability,” particularly if that candidate is a Democratic woman. Republican House Speaker Paul Ryan of Wisconsin left office Thursday with an honest-to-God favorability rating of 12%. During gardening season, actual cowshit is more popular.

On Monday, Sen. Elizabeth Warren of Massachusetts became the first Democrat to announce that she was forming a 2020 presidential-campaign exploratory committee. And just like that, the political press served notice that it was going to be just as sexist and idiotic as it had been in 2016.

Politico, whose reporting frequently is essential but whose analysis and opinion seems to be at least 50% pro-Republican horseshit, popped up noon Monday with “Warren Battles the Ghost of Hillary,” which suggested that Warren might be just as “unlikable” as Hillary Clinton had been in 2016 and therefore doomed as a candidate.

The anti-Elizabeth Warren narrative was written before the Massachusetts senator even announced she was exploring a presidential run.

She’s too divisive and too liberal, Washington Democrats have complained privately. Her DNA rollout was a disaster — and quite possibly a White House deal-breaker. She’s already falling in the polls, and — perhaps most stinging — shares too many of the attributes that sank Hillary Clinton.

In the year of the woman, it adds up to one unwelcome mat for the most prominent woman likely to be part of the 2020 field. But it also presents an unmistakable challenge: How does Warren avoid a Clinton redux — written off as too unlikable before her campaign gets off the ground?

Man, there is so much horseshit here that you probably would need dynamite to unpack it.

  • First of all, how is it that there is any “anti-Elizabeth Warren narrative” at all just hours after her announcement? Answer: People have been lying in wait for her for a while. And who would do that? People who are anti-Elizabeth Warren. Duh. There is no organic “anti-Elizabeth Warren narrative” at this point, only propaganda.
  • And how is it that there is an “anti-Elizabeth Warren narrative” that is similar to Hillary Clinton’s? After all, Hillary Clinton has been in the public eye for 35 brutal years, whereas five years ago most Americans had no idea who Elizabeth Warren was. Answer? Sexism: The implicit message of this comparison is that no female candidate, or at least no Democratic female candidate, can be trusted.
  • Too divisive? How? How does one quantify “divisive”? Sophisticated polling can sort of, kind of get at that — more on that in a bit — but as of Monday, not very much had been done on Warren, and certainly nowhere near as much as has been done on Clinton.
  • Too liberal? First, there’s always the tiresome and mostly unanswerable question of how one defines “liberal.” And if you can’t define that, how does one quantify how much liberalism is enough vs. too much? And “too much” on what scale? An ideological scale? As opposed to other candidates? Of course, Warren being the first, there were no other candidates when this piece was written.
  • And who are these “Washington Democrats” who call her too divisive and liberal? I may have spent my career with daily newspapers and their admittedly stodgy websites rather than online creations of the Kewl Kids, but we didn’t let political opponents snipe at each other anonymously, for good reason: It isn’t ethical, and even more importantly, it adds nothing to the reader’s understanding. Half-competent journalists should make political opponents call one another out by name, with all agendas out where the public can see them. That enhances reader understanding, which is, or ought to be, the point of it all.
  • Warren’s “DNA rollout” was a forthright response to a libelous criticism from a sitting president of the United States. To call it a “disaster” is pure editorializing: I am in no way an expert on this, but to the extent that Native Americans themselves have criticized her for having had her DNA tested, they appear to be privileging custom over science, arguing that without her name on a tribal roll, a DNA test means nothing. (If I’m missing something on this point, I’m happy to be corrected.) In any event, given Donald Trump’s apparently being an agent of a hostile foreign power, his tax fraud, his serial violations of the Emoluments Clause, his history of serial sexual assault, to be suggesting that a DNA test fatally damages a candidate for president is to display both practical ignorance and moral stillbirth. I am somewhat sympathetic to the argument that her timing, during the Blue Wave, suggests she put self ahead of party, but 1) absent additional information that is hardly the only explanation, and 2) If you’re going to make putting self ahead of party a criterion (and you should), there are far greater offenders. Bernie Sanders and Corey Booker come immediately to mind.
  • “Shares too many of the attributes that sank Hillary Clinton”? And what are they, pray tell? An electoral college founded in not just slavery but also in cosseting the whiny, bitchy, gimme attitudes of the slave states? A grossly bigoted electorate? Enemies in the Kremlin? Republican vote-suppression efforts in Wisconsin, Michigan, Pennsylvania, and North Carolina? Third-party candidates secretly supported by the Russians? Because those are the “attributes” that sank Clinton. By 65 million to 62 million, American voters favored her.

And that’s just three paragraphs. Holy shit. The piece goes on for many paragraphs more, laden with sexism and editorializing and almost unburdened by fact, all predicated on the notions that likability is real, that it matters, that it can be quantified, and that Elizabeth Warren has less of it than other Democrats and perhaps even less than Trump.

And that’s just one candidate. Multiply this bullshit across the dozen-plus likely 2020 Democratic presidents, candidates, many of them women, and you would be forgiven the urge to burn down every single U.S. news outlet.

Well, here are some facts.

“Likability” is incredibly subjective. It cannot be quantified or measured except in the most relative of terms. It is subject to pollution from bias, from lack of information, from lack of context. The closest we can quantifiably get to it is the favorability/unfavorability ratings of polls. The same recent Quinnipiac University poll that scored Warren’s favorability/unfavorability ratings at 33%/37% scored Donald Trump’s at 39%/52%, and yet somehow Warren’s “unlikability” gets all the attention.

And if you Google likability with respect to politicians, you’ll find that the subject comes up WAY more often in articles about women than in articles about men. There’s a reason for that, and it’s not a good one.

And here’s another fact, even more to the point:

Republican House Speaker Paul Ryan of Wisconsin left office Thursday with an honest-to-God favorability rating of 12%. During gardening season, actual cowshit is more popular. And yet our news media are convinced that Elizabeth Warren 1) is unlikable and 2) cannot be elected president because of it. That ought to adjust your attitude regarding any “analysis” you read about Democratic candidates for the rest of the 2019-2020 election cycle for offices at any level.

So what to do about it? I covered politics for 25 years, some years better than others, so here are my modest suggestions for consumers of news in general and people wondering which Democratic presidential candidate to support in particular:

  • For now, DO NOTHING. The actual voting doesn’t begin for another 13 months. As of this writing, Warren has formed an exploratory committee and Washington Gov. Jay Insbee has said he intends to. No one else is even close to being a formal candidate. If you were utterly undecided on a candidate a week or a month ago, there is no reason for you to even think about picking a candidate until 1) everyone who is going to run has formally announced and filed their paperwork, and 2) at least some of the Democratic presidential debates, which start in June, have come and gone. You can wait at least six months without sacrificing a thing, and unless you have some kind of personal attachment/connection to a candidate, you probably want to see how the candidates perform in several debates before picking one to support.
  • At least until the number of remaining Democratic presidential candidates is reduced to two, avoid the temptation to criticize a candidate or candidates you do not support. Instead, talk up the candidate you favor. Send him/her money. Find a way to volunteer for his/her campaign, even if it’s only making phone calls.
  • Whether you are talking up your candidate or talking down an opponent, do so with both factual and contextual accuracy. That’s harder than it sounds. You might mean quite well, but there are many, many sources of misinformation on the Web with respect to every declared candidate and plenty of potential ones. The Russians messed with what you saw on social media in 2016 and are likely to do so again in 2020. And conservative “news” outlets frequently take bullshit rumors that originate on conservative message boards and give them a patina of legitimacy, so be particularly careful not to amplify that bullshit. Check and double-check the information you choose to use. Factcheck.org and Politifact.com are excellent sources for vetting information, as is Snopes.com.

(And what do I mean by “contextual accuracy”? Remember that nothing happens in a vacuum. Where numbers are concerned, remember that one number is meaningless without at least one other number as a scale. Where facts about a political candidate are concerned, ask questions like, “What other candidate(s) is this fact true about, and to what extent?” Be wary of claims like “first,” “greatest,” “best” or “worse”: As one of my old editors used to say, there’s always a faster gun. Even mainstream outlets like The New York Times and The Washington Post that are generally reliable with regard to factual accuracy frequently commit mistakes and omissions with regard to contextual accuracy. One big example: The Times’s 2016 focus on Hillary Clinton’s emails — yes, she made mistakes, but she did not commit a crime — while ignoring, for another two years, a long string of evidence that Donald Trump was a crook. And when a news outlet purports to examine any candidate’s “likability,” examine their methods for quantifying it and see to what extent they attempt to assess all candidates or likely candidates in the same manner.)

So, to sum up, I don’t like “likability,” and you shouldn’t either. At this point in the race, and pretty much from now until November 2020, news outlets should be focusing primarily on candidates’ policy proposals — what they are, how they will work, what they will cost, how we will pay for it, and what their outcomes are likely to be. And if the news outlets on which you rely try to dabble in it, hammer them hard. It’s just a pity Facebook doesn’t offer a “don’t like” button.

P.S.: One more thing about likability. George W. Bush won in 2000 because a lot of reporters thought he was “the kind of guy you’d like to have a beer with.” Screw that. On both literal and metaphoric levels, I am realistic enough to know that I will never have a beer with even a former president of the United States, let alone a sitting one. So I will vote for a competent, empathetic jackass over a charming sociopath for any office, any day. You can ask the people of Iraq and Puerto Rico and Flint what we get when we elect sociopaths.

 

 

 

 

 

 

 

 

 

Thursday, November 29, 2018 9:34 pm

The president’s fixer pleads in. It’s all downhill from here.

Apropos of Michael Cohen’s guilty plea today:
 
One little-known fact is that federal prosecutors can put pretty much anything they want into an indictment or a sentencing memo. An indictment on drug-trafficking charges, for example, can, if the prosecutor wishes, contain a doctoral thesis’s worth of comprehensive history of post-Prohibition trafficking in all manner of contraband.
 
Why is that relevant? Here’s why: Special Counsel Robert Mueller can put as much information about Donald Trump’s activities into indictments and sentencing memoranda as he likes. He can even include emails or other records that document the claims in those documents.
And so far, that is exactly what he has been doing.
 
And what THAT means is that even if a Trump apparatchik at Justice decides he wants to bury Mueller’s final report, there already will be so much information in the public domain — court records like indictments and sentencing memoranda are almost always public — that any effort to bury Mueller’s final report simply won’t matter. Trump no longer has any leverage with which to prevent Congress and the public from knowing what he has been up to.
 
For Trump, it’s all downhill from here. He will die in prison in a diaper. The only question is whether he will do so here or in Russia. And lemme tell you, I and tens of millions of other Americans will laugh like hyenas when he does.

Monday, November 12, 2018 7:59 am

The cracked front door that didn’t bark; or, Why you should never take what a Republican says at face value

You’ve probably head a lot of talk in the past week about how antifa protesters terrorized Tucker Carlson’s wife and kids in their home, even cracking open their oak front door.

Yes, there were protesters*, and one of them sprayed an anarchy symbol on Carlson’s driveway. But the children were not at home at the time, and the cracked front door? Never happened. The cops who were there didn’t see it. Two Washington Post reporters who visited the house didn’t see it either.

(That’s not to say that a lot of mainstream media, such as USA Today, didn’t run stories repeating Carlson’s claim without independent verification. Of course they did, because anytime a Republican shrieks, “Antifa!” the MSM soil their drawers. Meanwhile, actual 18 USC 241 felony vote suppression is going on right out in the open in Georgia and Florida without the news media calling it what it is, but that’s a subject for another post.)

This anecdote illustrates the peril inherent in taking anything a Republican says at face value, particularly a Republican who literally gets paid to lie on television. You — whether you’re a journalist or a civilian — need to stop doing that. You need to critically question any such claim made by any Republican politician or pundit. And you need to punish news outlets who repeat such claims unquestioningly.

Sunday, November 11, 2018 8:37 pm

About those sealed Mueller indictments …

Filed under: Hold! Them! Accountable!,Uncategorized — Lex @ 8:37 pm
Tags: , ,
I’m seeing a number of people on Twitter claiming that Robert Mueller already has a ton of sealed indictments of Trump, Trump Jr., Fredo, Ivanka, Jared, etc., etc., etc.
 
I’m here to tell you: Anything is possible. But that is almost certainly bullshit.
 
First of all, there is zero direct evidence in the public record that any of that is true. None. And I dare you to prove me wrong. You can’t. (The zero-leak performance of the Mueller probe to date is a model of American law enforcement.)
 
Second, there is zero circumstantial evidence that any of this is true. Again, prove me wrong if you can.
 
Third, there is nontrivial circumstantial evidence that such claims are NOT true. Almost none of the Mueller indictments so far have been sealed. Those that were remained sealed only days before being unsealed. Sealing indictments for long periods of time appears, so far, not to be a technique on which Mueller is relying.
 
Now, as I said before, anything is possible. But the relevant question, given the evidence and Mueller’s modus operandi to date, is: What’s LIKELY?
 
The answer is:
 
1) Some people saying this stuff are trying to make themselves look/sound more in-the-know than they actually are. And, frankly, I don’t think it’s a coincidence that most of the people I see spouting this stuff on Twitter appear to be males in their 20s. They’re bullshitting to try to get laid.
 
2) Other people saying this stuff are trying to get low-information people’s expectations raised unjustifiably high so that when the inevitable disappointment comes, people will question the validity of the whole investigation. And I don’t think it’s a coincidence that a lot of THESE people have handles and follower counts that strongly suggest they are bots.
 
Understand, I’d freakin’ LOVE it if it were true. But I’ve spent enough time covering grand jury investigations to be very skeptical. And absent additional information, you should be, too.

Thursday, November 8, 2018 1:19 pm

In which Trump moves on Sessions like a bitch

The day after the midterms, Dolt 45 fired Attorney General Jeff Sessions and replaced him with acting Attorney General Matt Whitaker. Now, granted, no one is going to miss Sessions; a Twitter wag described the firing as the first time that Trump had taken down a Confederate monument. But Trump had been expressing frustration for a long time that Sessions had recused himself from special counsel Robert Mueller’s investigation into possible money laundering, obstruction of justice and conspiracy of the Trump campaign with Russia to interfere with the 2016 election. This move offers Trump an opportunity to take more direct control over the probe because Whitaker has not recused himself.

This isn’t quite the equivalent of Nixon’s Saturday Night Massacre, but it’s not good. Sessions had been so close with the Trump 2016 campaign that he had had to recuse himself from Mueller’s investigation, leaving it the hands of Deputy Attorney General Rod Rosenstein, who appears to have given Mueller both adequate leeway and adequate funding to do his job correctly. (In fact, given the financial forfeitures of some of those Mueller has convicted, the taxpayers are more than $10 million ahead of the game on this investigation to date, and there’s probably more profit where that came from. That money doesn’t go directly back into the investigation, of course.)

But Trump has made clear that oversight responsibility for the investigation now will rest with Whitaker instead of Rosenstein. It’s worth noting that when a Cabinet secretary leaves office, his/her deputy — Rosenstein, in this case — normally would be appointed acting agency head. That didn’t happen here. And that’s not good at all. Consider:

  • Whitaker in 2017 said he didn’t see anything wrong with Donald Trump Jr.’s meeting with Russians in Trump Tower:
  • Whitaker was associated with a D.C. nonprofit called Foundation for Accountability and Civic Trust whose main goal in life seems to be ginning up bullshit criminal cases against prominent Democrats:
  • Whitaker said in 2017 that the Mueller probe was “going too far”:

A number of Democrats already have called for Whitaker to recuse himself. Worse for Trump, Rep. Elijah Cummings, the incoming Democratic chairman of the House Oversight Committee, already has said his committee will be looking into Sessions’s firing. One possible result could be a criminal referral to the Justice Department for obstruction of justice.

(Also, the Mueller investigation aside, Whitaker appears to be just the kind of bigoted jackass that progressive and moderate voters indicated on Tuesday they’ve had enough of.)

Now, a lot of people are presuming that Whitaker’s appointment means that Trump intends to fire Mueller. And, legally, Trump could. The question that that would raise would be whether such a firing would constitute obstruction of justice, as Cummings is hinting. I am not a lawyer, and I don’t know that there’s a solid legal consensus on this issue, but I’ve seen social media posts from three or four lawyers unrelated to one another who have said that the firing would be evidence of the “consciousness of guilt.” (Remember, the whole reason there’s an obstruction-of-justice investigation in the first place is that Trump fired FBI Director James Comey in 2017 and said that he had done so because of the FBI’s Russia investigation. The uproar over THAT firing led to the appointment of Mueller as special counsel.)

However, if Trump wants to slow or halt the probe, he has other options.

He can have Whitaker eliminate the wide latitude Mueller currently enjoys under Rosenstein, restricting the probe to certain isolated subjects and people to ensure that Trump and those closest to him face no federal criminal exposure. (Possible state crimes are a whole ‘nother issue, of course, and Trump has no control over those investigations.) Or he could just direct Whitaker to, in effect, defund the investigation. A number of folks on Twitter jokingly suggested a GoFundMe for the Mueller probe if that happens. I’d support that, although that money, like the forfeitures already received, under the law could not go into the probe without having been appropriated by Congress, which the GOP-controlled Senate ain’t gonna do. (UPDATE: The appropriations bill for FY19 having already been signed into law, Mueller’s office is fully funded — at about $10 million — through next Sept. 30.)

But Trump has fewer options than he thinks.

According to the experts at the Lawfare blog, Whitaker might have to recuse himself whether Trump likes it or not:

The relevant Justice Department guideline is Section 45.2 of Title 28 of the Code of Federal Regulations, which states that “no employee shall participate in a criminal investigation or prosecution if he has a personal or political relationship with” either “any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution” or “any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.”

Although the regulations do not indicate that Whitaker’s public statements alone necessarily require recusal, Whitaker has other connections to people whose conduct is at issue in the matter. For instance, the regulations define a political relationship as “a close identification with an elected official, a candidate (whether or not successful) for elective, public office, a political party, or a campaign organization, arising from service as a principal adviser thereto or a principal official thereof.” Rebecca Ballhaus of the Wall Street Journal reports that Whitaker chaired the 2014 Iowa state treasurer campaign of Sam Clovis, who went on to serve in the Trump campaign and administration and who, Ballhaus notes, is now a grand jury witness in the Mueller investigation. The Des Moines Register reported Whitaker’s chairmanship of Clovis’s campaign during the campaign itself. What’s more, in a text message to Ballhaus after Whitaker’s appointment, Clovis wrote that he was “proud of my friend,” referring to Whitaker, raising the question of whether there is a personal relationship as well.

There is an important process point here: Under the same Justice Department regulation mentioned above, Whitaker is obligated to seek guidance from career ethics attorneys regarding whether he should recuse. This is the process Jeff Sessions used in determining that the rules required that he recuse, and Deputy Attorney General Rod Rosenstein also sought guidance regarding his obligations, though Justice officials determined that his recusal was not required. If Whitaker either does not obtain an ethics opinion from career officials or if he departs from that guidance, that would be a serious red flag.

Also, Trump already knows that come Jan. 3, the House Oversight Committee will be looking into Sessions’s firing. And if Mueller gets fired, I would think that any of several House committees would be happy to subpoena him as an expert witness on Trump’s finances. Who knows where that could lead? (UPDATE: I’ve also seen it suggested that if Mueller gets fired, a House committee could hire him as an investigator.)

There even are a few current and incoming Senate Republicans willing to join hands with Senate Democrats long enough to protect the Mueller investigation, as Lawfare points out:

Mitt Romney, now the senator-elect from Utah, stopped short of calling for Whitaker to recuse himself, but said it is “imperative that the important work of the Justice Department continues” and the Mueller probe “proceeds to its conclusion unimpeded.”

The Maine Republican Susan Collins also stated that “it is imperative that the administration not impede the Mueller investigation,” adding that she is concerned that “Rod Rosenstein will no longer be overseeing the probe,” and that “Special Counsel Mueller must be allowed to complete his work without interference—regardless of who is AG.”

And GOP Senator Lamar Alexander said the Mueller investigation will continue.

I’ll admit I’m not optimistic. For one thing, even if all three stand their ground, the likeliest outcome of Tuesday’s election seems to indicate that Republicans would still hold a Senate majority, perhaps with the help of Vice President Mike Pence. For another, after the Kavanaugh confirmation, we now know what Susan Collins’s word is worth.

And, of course, there’s is the huge factor that Donald Trump consistently, almost predictably, acts against the best advice he gets and his own interests. Journalist Josh Marshall and novelist John Scalzi coined the term “Trump’s razor” for this phenomenon: Every option being otherwise equal, Trump will always make the stupidest possible choice. If I were a betting man, I wouldn’t often have lost had I consistently bet accordingly.

So I think Trump will fire Mueller and dare somebody to do anything about it. That puts Republican officeholders — at all levels — in a serious predicament, for, as Conor Friedersdorf observes in the Atlantic article linked above:

After Wednesday, elected officials in the Republican Party should have no doubt that Donald Trump will force them to choose in coming days, weeks, and months between loyalty to him and loyalty to the rule of law, between the public’s right to the truth and Trump’s efforts to hide it.

They’ve sworn an oath of loyalty to the rule of law. Let’s see how many of them meant it.

 

Wednesday, November 7, 2018 7:14 pm

What’d we learn last night?

I’m going to start with what *I* learned: When my wife’s right, she’s right.

I spent hours in front of the TV with my list of key races and ballot issues and didn’t go to bed until late. When I did, I felt a modicum of relief: The Dems had done what they absolutely needed to do. They had pulled the country at least one step back from the abyss. But a lot of key races I’d targeted went red, and when I went to bed well after midnight, I was feeling a lot more relief than excitement. Kind of “meh,” in other words.

My wife, on the other hand, went to bed around 10, saying, “Let’s just wait and see what’s under the tree tomorrow morning.” At the time, the returns in were largely from Trump country, and I wasn’t feeling so great about things. The Blue Wave, from what I could see, largely hadn’t materialized.

And then I woke up today. And started reading. And, well, the longer the day went on, the more good news started trickling in. And, long story short, had I done what my wife did, I’d have gotten the same good news she did without all that stress.

And there was a lot of good news.

The first thing we learned was that the Democrats had taken the House and, with it, the specific power of subpoena and the general power to hold a largely lawless administration accountable. That HAD to happen if we were not going to proceed farther down the same road Germany traveled in the 1930s. And praise God, it did.

Not only that, we picked up a number of governorships, although the big prizes in Georgia and Florida remain contested for the moment and it looks like, win or lose, Georgia Secretary of State Brian Kemp will have been allowed to at least try to steal his own governor’s race. That can never be allowed to happen again, in Georgia or anywhere else.

We also learned that a lot of small miracles can happen overnight. Lucy McBath, whose valiant effort to oust the despicable Karen Handel in the Georgia Sixth looked DOA at midnight, now appears to have pulled through. Same with Joe Cunningham in the S.C. First against Katie Arrington, whose concession speech has to be seen and heard to be believed: She’s a narcissist to rival Trump, and I don’t say that lightly.

We learned that this election was even more of a referendum on Trump than a lot of people had thought. And I learned this because our six-term Republican sheriff, who faced a Democratic challenger with some nontrivial baggage, lost. Nobody around here, and I mean nobody, saw that coming. He’d been a perfectly good sheriff for a long time — I didn’t like him personally, but with the possible exception of his high-speed-chase policy, which he finally agreed to change after a pursuit-induced wreck in which five people died, I couldn’t really point to anything wrong that he was doing professionally that would make people vote against him. The only thing I could think of to make that many people vote against him was his support for Trump.

That said, we also learned that sometimes all politics really IS local. Trudy Wade, perhaps the second-vilest human being in the N.C. Senate behind GOP leader Phil Berger, had spent the past few years shitting on Greensboro out of spite. Karma’s a bitch.

If you doubt that, ask Kim Davis, the Kentucky Republican who made national news by refusing to issue marriage licenses to same-sex couples after the Supreme Court legalized same-sex marriage a few years ago. One of the men whom she had tried to deny a marriage license ran against her and whipped her like a rented mule.

What else did we learn?

We learned, those of us who didn’t already know, that the Green Party is just a bunch of Republican tools. They may have cost Democrat Kyrsten Sinema the U.S. Senate race in Arizona — the vote totals for the Green candidate well outweighed the difference between Sinema and Republican incumbent Martha McSally. The Green candidate in the New York 19th was taking money from a big GOP donor while attacking the Democratic candidate from the left.

We learned that voters feel very differently about issues versus candidates. In Florida and Missouri, to name just two, voters approved progressive ballot measures by significant margins — but voted for the politicians who oppose those measures. Part of that might just be due to racism, particularly in Florida. But there’s something else there that Democrats need to tease out and address.

Speaking of Florida, after the passage of Prop 4, which restores voting rights to most felons who have served their time, we learned that the Florida electorate could look very different, and much more Democratically inclined, in 2020. Prop 4 restores voting rights to about 1.5 million people. If Dems can get even 15% of those people to register and vote in 2020, they’ll find they have significantly more breathing room than they’re used to.

Speaking of voting, we learned that Americans are tired of vote suppression. A number of states passed initiatives to make it easier to register and vote and/or to prevent partisan gerrymandering. Here in N.C., unfortunately, we passed a state constitutional amendment requiring voter ID, but the measure is pretty much identical to a law the 4th Circuit overturned last year, with SCOTUS declining to hear the GOP appeal. I think the same thing will happen, and I am cautiously optimistic that there might not even be four votes on the high court to hear the same appeal again. The court traditionally has thought of itself as being a lagging indicator of political mood; what happened in this arena last night should signal to the court that, surprise, people want to vote, want their votes to count, and do not want to be messed with while voting, and that it should adjudicate accordingly because these are reasonable requests.

We learned that Republicans are perfectly willing to re-elect congresscritters who are under indictment (Chris Collins and Duncan Hunter) or who have been credibly accused of, at the least, knowing about the sexual assault of young men and refusing to do anything about it (Jim Jordan). Collins and Hunter, at least, are unlikely to serve their full terms.

We learned, AGAIN, that electronic voting systems are unreliable and should be replaced with paper ballots.

We learned that white women voters have some ‘splainin’ to do.

We learned that young adults really CAN turn out for a midterm election.

We learned that gerrymandering remains a huge problem in North Carolina: “In Congress, Republicans won 50.3% of the overall vote but 77% of the seats (10-3). That’s the power of gerrymandering.” But in 2020, districts will have been redrawn so that Democrats will have at least a fair shot at real representation in that year’s U.S. House races.

We learned that after three and a half years, the national media largely still have not learned how to do their jobs without providing an echo chamber for Trumpian propaganda and bigotry. Funny how completely the refugee caravan, which had loomed so large on the media agenda these past few weeks, disappeared without a trace in news coverage this morning.

Here’s one huge national lesson, particularly for Democrats: Put the best people you can at the top of the ticket, and then contest every single downballot race. Every. Single. One.

Beto O’Rourke narrowly lost his battle to take the odious Ted Cruz’s U.S. Senate seat in Texas. But O’Rourke built a campaign so organic and powerful that although he didn’t quite win his own race, he’s probably responsible for winning dozens of others. Not only did the particularly stupid tool Rep. Pete Sessions get ousted, but so, also, did every Republican judge in Dallas and Houston. (One of them actually pitched a temper tantrum in court this morning.) O’Rourke’s campaign likely also is responsible for the fact that Democrats won 31 of 32 contested Court of Appeals races, taking 17 seats from GOP incumbents. That changes the legal/justice landscape of Texas overnight. And Texas was just one state; it’s now looking as if Stacey Abrams’s campaign for Georgia governor helped the aforementioned Lucy McBath across the finish line in the Georgia Sixth as well.

And we learned, finally, that we as a people can say, “Yes, Trump is crazy, but look at all this AMAZING stuff we can do if we don’t let ourselves be defined by his craziness and if we show up on Election Day.”

So, no, we didn’t accomplish everything we were hoping for this time last night. But we got a glimpse of what we can accomplish, if we all show up and all keep working. So everyone take a deep breath, and then let’s get to work on 2020 and the ongoing struggle to create a more perfect Union.

 

 

 

 

 

Monday, November 5, 2018 7:27 pm

The 2018 elections

I have no special insight and this is probably worth what it cost you, but here’s my prediction for tomorrow:

Dems pick up 32 in the House, lose 1 in the Senate, and take most or all of the tightly contested governor’s races, in addition to ousting a number of bad actors in sub-gubernatorial and legislative races. Beto O’Rourke will not win, and this shouldn’t be a surprise; Cruz’s Senate seat was ALWAYS going to be a tough target for any Democrat in that state.

Now here’s my prediction for Wednesday:

The GOP files suit in every close race they lose for federal office, so we might not know the outcomes of some for weeks. Mueller might drop a grenade or two, but no bombs right away. And Trump likely will start firing a lot of people and moving a few more to his 2020 campaign staff.

And that’s a best-case scenario. I think we’re also likely to turn up evidence of Russian interference and vote manipulation, although not necessarily immediately, and that nothing ultimately will be done about it. And even if the Republicans have a good night, I expect politically motivated violence on their part to increase.

And if the Dems don’t retake the House by a respectable majority, we’re all in a world of hurt.

Thursday, September 27, 2018 8:04 am

Why things are so effed up

I keep hearing that there are Republicans out there whom we should take seriously because they believe in “good government.” I call bullshit. Here’s a very simple test. Name me one current, or even recent past, Republican holder of federal office who 1) deals in facts, 2) believes policy should comport with science and research, 3) believes in the equal-protection clause of the 14th Amendment, and 4) consistently acts and votes in accordance with these points.

That’s a goddamned low bar. That’s barely above “needs drool wiped from mouth.” And yet I cannot come up with a single name. Not Lisa Murkowski. Not Susan Collins. Not John Kasich, when he held federal office. Not Jeff Flake or Ben Sasse. I’m even gonna disinter and dust off John McCain long enough to say not him, either.

Here in North Carolina, the same is true of Republican state officeholders.

Now, are you still wondering why things are so effed up? Because there’s your answer.

Tuesday, September 18, 2018 6:51 pm

” … remember the ladies … “

Everyone remembers that as John Adams was working on what would become the Declaration of Independence, his wife, Abigail, wrote him a letter asking that he “remember the ladies.” What they don’t remember is the full quote, which is a lot more interesting and relevant:

I long to hear that you have declared an independency. And, by the way, in the new code of laws which I suppose it will be necessary for you to make, I desire you would remember the ladies and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the husbands. Remember, all men would be tyrants if they could. If particular care and attention is not paid to the ladies, we are determined to foment a rebellion, and will not hold ourselves bound by any laws in which we have no voice or representation.

Republicans on the Senate Judiciary Committee, take note.

Sunday, September 16, 2018 4:53 pm

Anita Hill Redux

So now a woman has come forward to tell The Washington Post that Supreme Court nominee sexually assaulted and attempted to rape her when they were both in high school.

Read The Washington Post’s story. The accuser, Christine Braley Ford, comes across as credible — certainly more credible than Kavanaugh, who has committed serial perjury before the U.S. Senate.

As corroborating evidence, the accuser offers notes from a 2012 conversation involving her, her husband and a marriage counselor, which describes the incident but does not name Kavanaugh (or anyone else) as her attacker. What has the GOP to offer in response? A ham-handed effort to make us believe that they were able to round up 65 female character witnesses from Kavanaugh’s high-school years within just a few hours.

At the very least, the Senate Judiciary Committee, which is scheduled to vote Thursday on Kavanaugh’s nomination, ought to postpone the vote long enough to get any and all witnesses with relevant information under oath. But that appears unlikely to happen.

Senate Judiciary Republicans issued a statement calling the accusation “uncorroborated allegations” (despite the counselor’s notes) and criticizing the Democrats for not having brought the allegation forward sooner. Ford sent her congresswoman a letter in July, before Kavanaugh was nominated; she passed it on in July to Feinstein as a member of the Senate committee that would be vetting whomever Trump nominated. Feinstein has said she had kept the letter secret at the request of the writer, whose name had been redacted.

A lawyer close to the White House told Politico the nomination would not be withdrawn:

“No way, not even a hint of it,” the lawyer said. “If anything, it’s the opposite. If somebody can be brought down by accusations like this, then you, me, every man certainly should be worried. We can all be accused of something.”

(I imagine it doesn’t bother the White House at all that their lawyer friend is basically conceding that the building is full of rapists.)

Those of us who were around for Clarence Thomas’s nomination to the Supreme Court know how the Republicans will handle this: stonewall on the accusation and attack the accuser. The possibility that there might be something here worth getting sworn testimony on doesn’t even seem to have crossed Republicans’ minds.

If all Senate Republicans toe the party line, as looks likely, Kavaugh will be confirmed with at least 51 votes. So, in all likelihood, Ford will be smeared and Kavanaugh, despite documented perjury, will be confirmed. Two sexual assaulters will be radically reshaping laws that affect all of us, particularly women and girls. And a formerly great major political party will be demonstrating again the staggering depths of its corruption and yet more justification for its utter ouster in November and in 2020.

 

Thursday, September 6, 2018 8:00 am

Narcissistic, extraconstitutionalist chickenshits

If an anonymous op-ed in The New York Times is to be believed, a few plucky White House staffers are trying to save America and the world from the worst impulses of Donald Trump and expect our support and gratitude.

Screw them.

Screw them because of their narcissism. They clearly are off on this trip in which they and they alone are preserving the country, protecting the rest of us from disaster. That isn’t how the system works, more on which in a minute. Moreover, their perception of disaster is WAY too selective. They pick and choose the papers they don’t like to sneak off the president’s desk, while allowing environment depredation, the caging of children and the evisceration of health care for millions of Americans, thousands of whom will die as a direct result.

Screw them because they swore an oath to uphold the Constitution and instead are operating way outside of what law and the Constitution require. Their duty requires them, if they believe the president is unfit, to resign, come forward publicly, and work for Trump’s impeachment, resignation, or removal from office under the 25th Amendment. The author says he (and the piece is so narcissistic it almost has to have been written by a guy) and his colleagues discussed trying to invoke the 25th Amendment but didn’t want to provoke a “constitutional crisis.” Dude. That horse has gotten out of the barn, over the hill, sired 25 Triple Crown contenders, died peacefully in his sleep and been buried with honors in the Pimlico infield.

Screw them for not having the guts to come forward publicly. Whoever wrote this seems determined to try to maintain some post-Trump viability. That suggests the author either already is a politician – Director of National Intelligence Dan Coats, a former U.S. senator, and U.N. Ambassador Nikki Haley, a former S.C. governor with national political ambitions, come immediately to mind – or is a staffer with political ambitions. Unfortunately, this situation is more important than one person’s political career, a fact the author and his confreres directly refuse to acknowledge.

And, finally, screw them for this:

The bigger concern is not what Mr. Trump has done to the presidency but rather what we as a nation have allowed him to do to us. We have sunk low with him and allowed our discourse to be stripped of civility.

Oh, HELL, no. You don’t get to foist the responsibility for this disaster on everybody else. I didn’t “allow him to do [this] to us,” and neither did 65 million other Americans. YOU made this possible, and you need to understand that and own it. In public. By name. Now.

 

 

Sunday, August 26, 2018 8:25 pm

Trump and the week that was

Donald Trump had such an awful week that it has taken me until tonight to begin to write about it. No American president has taken so many body blows in a single five-day period without getting shot.

On Tuesday, his former campaign manager, Paul Manafort, was convicted on eight felony counts, with the jury hung on another 10. Juror Paula Duncan, a staunch Trump supporter, called the government’s case “overwhelming” and said only a single juror prevented the panel from convicting Manafort on all 18 counts.

The charges against Manafort, in the Eastern District of Virginia, didn’t have anything directly to do with the Trump campaign’s conspiracy with the Russians to throw the 2016 election. But Manafort, who is likely to die in prison unless he cooperates, also faces trial in the District of Columbia starting Sept. 17 on charges related to his foreign lobbying work and witness tampering. Some of those charges may relate more directly to the Trump campaign.

Also Tuesday, former Trump attorney Michael Cohen, whose phones and computer records the government seized months ago, was charged with and pleaded guilty to eight felony counts of tax fraud, making false statements to a bank, and committing campaign-finance violations to try to keep news of two Trump affairs out of the public eye. In his plea agreement, a sworn statement accepted by the judge, Cohen confessed that “in coordination and at the direction of a candidate for federal office,” he kept information that would have been harmful to the candidate and the campaign from becoming public by paying two women who had slept with Trump “hush money.”

The “candidate for federal office” was Trump, who, by virtue of this plea agreement, becomes an unindicted co-conspirator. The last one of those we had in the Oval Office was Nixon.

Those two developments on the same day would have been bad enough. But the week wasn’t done with Trump yet. On Friday came the news that Allen Weisselberg, the Trump Organization chief financial officer, had been granted immunity. Publicly, the agreement was described as relating only to the payments Cohen described in his plea agreement.

But I’d be stunned if that’s all that the Southern District of New York was interested in, because witnesses don’t get blanket immunity from the government based on two discrete six-figure payments. Weisselberg originally was hired by Trump’s late father, Fred, in 1978 and has been with the organization ever since. He is a trustee of the trust that holds Trump’s personal holdings. He knows EVERYTHING about both Trump Organization finances and Donald Trump’s personal finances. And for him to have gotten the immunity he got means that he’s going to tell the government everything.

Also Friday, David Pecker, CEO of the National Enquirer’s parent company, was granted immunity in relation to the hush money payments Cohen made.

The Enquirer allegedly used a tactic known as “catch-and-kill” — when a publication buys the rights to a damaging story for the purpose of sitting on it and keeping that story out of the news.

The Associated Press reported Friday that the magazine even had a location where records of these payments were stored: a safe full of documents, not only relating to Trump, but similar “catch-and-kill” deals with other celebrities.

“By keeping celebrities’ embarrassing secrets, the company was able to ingratiate itself with them and ask for favors in return,” the AP reports.

And keep in mind that back in June, the New York Attorney General’s office sued the Trump Foundation and its board of directors (Trump family members), alleging violations of both state and federal law with respect to, among other things, illegal coordination with Trump’s presidential campaign and self-dealing. It is entirely possible that criminal charges against Trump and his kids will result from this lawsuit, and Trump can’t pardon anyone for state charges.

Taken together, these events make clear that whatever the government wants to know about support of the 2016 Trump campaign by the Russians, it is going to find out. The information already in the public record makes clear there’s plenty to find out.

Personally, I think that there already is enough evidence in the public record to impeach Trump — certainly on grounds of violation of the Emoluments Clause and the Take-Care Clause at least. But I’m realistic enough to know that most Americans don’t know that and that many of those who know don’t care. So I think that Democrats campaigning this fall should campaign on accountability for the administration generally rather than impeachment of Trump in particular. And I also think that any articles of impeachment should be based on one or more completed House investigative reports (assuming Democrats retake the House), a completed Mueller report, or both.

I think this week was less the beginning of the end than the end of the beginning for Trump. He has talked about firing Attorney General Jeff Sessions, who recused himself from the Mueller investigation (properly so) after the November midterms. The idea would be for him to install a new attorney general who could oversee, and perhaps shut down, the Mueller investigation. I think he’ll do that and that nationwide protests will break out as a result. But I also suspect that Mueller has anticipated this course of action and planned accordingly. I don’t know what his response would look like, but I am confident that he has one. Even if he does not, it would be far harder for Trump to interfere with the investigation housed in the Southern District of New York than to interfere with Mueller. And, of course, Trump has no control whatsoever over the New York Attorney General’s office.

Trump’s avenues of escape are being closed off one by one. My wife has been saying from the beginning that all of this ends with Trump in Moscow, voluntarily or otherwise, and I think that’s right. But I also think Trump will face indictment, articles of impeachment, or both first. And I look forward to those as we work to oust this traitor and criminal from the presidency.

Monday, July 23, 2018 7:31 pm

For the 4,683rd time: No, the two parties are NOT both equally bad

I see some version every day, usually multiple times a day, of this argument: “Both parties are to blame for our problems. They’re both equally bad.”

I’m not sure why today’s iteration, a point made in passing by someone I don’t know in the comments of a friend’s Facebook post, triggered me when all the others didn’t. There was nothing unique about his argument, and it wasn’t even his main point.

But he said it, and I reacted viscerally. After taking some time to boil down my thinking, here’s where I am.

Whoa, sorry, ” … the two parties … simply will not compromise for any reason whatsoever”?? No, sir. WRONG. ONE party will not compromise for any reason whatsoever, as a result of which actual Holocaust survivors are warning us that we’re heading down the same road Germany followed in the 1930s.

I’ll give you just one example, albeit a hugely important one. Obama was elected in 2008 with a clear mandate to do something about health care. Rejecting the pleas of his own base for single-payer, something many other Western industrialized democracies are quite happy with, he instead offered what became the ACA, which originated in the 1990s as the Republican/Heritage Foundation alternative to Hillarycare. Democrats accepted more than 130 Republican-sponsored amendments to the original bill. And still, it passed without one single Republican vote. I could cite many more examples.

Please stop repeating false storylines. Both parties are not equally bad. One and only one party has rejected science and truth. One and only one party has made itself an agent of a hostile foreign power and a perpetrator of treason — yes, treason; I’m well aware of the legal definition. One and only one party is pushing economic and tax policies that transfer vast quantities of wealth upward from the poor and middle class into the hands of a hyperwealthy few. One and only one party is campaigning on undisguised appeals to racism and other forms of bigotry. One and only one party is breaking down our democratic norms and our constitutional system of checks and balances. And it’s the party to which I belonged for 38 years: the GOP.

I think the reason why so many people adhere to this view is that no one ever challenges them on it, despite the abundance of grounds on which to do so. Another reason is that some people on cable TV say it, and they don’t get challenged either.

Well, we all know it’s bullshit. So it’s time to call it bullshit, out loud and without apology. If the Democratic Party were flawless I’d join it, and I haven’t done that for a reason. But the Republican Party has gone so far off the edge in so many policy and procedural areas that there isn’t any comparison, and anyone telling you otherwise is lying.

 

Monday, June 18, 2018 10:15 pm

The crying of the lambs

First, listen to this:

That’s the sound of 10 Central American children, recently taken from their parents by the U.S. Customs and Border Patrol at the U.S. border with Mexico.

Listen again, dammit. That’s the sound of a human rights violation being committed in your name and with your tax dollars. That’s audio smuggled out of an office in which your government wouldn’t allow pictures, video or audio. What are they hiding?

They’re hiding a crime against humanity: the tearing of children from their parents, perhaps never to be reunited. Already, a sheriff’s deputy has been accused of sexually assaulting a 4-year-old girl and threatening her mother with deportation if she told police.

This administration started out in mid-2015 making brown people the enemy. It has only done more so since. In the tradition of murderous dictators before him, Donald Trump has insisted that would-be immigrants from Latin America aren’t human, but animals. And so we’re viciously ripping children, including nursing infants, from their parents. In many cases, the parents are being deported but the children kept here, for what nefarious purpose we’re left to guess. The policy is so distasteful that not only Democrat Rosalyn Carter but also Republican Laura Bush have criticized it.

Why? Republicans like to insist — lie — that this is the law of the land and has been since Bill Clinton. That’s horseshit. Although this was an option, it was one that Obama and Bush 43 alike refused to choose, not least because they had to know how bad it was and how bad it would look. This is happening because Attorney General Jeff Sessions invoked this policy in April 2018 (although it always had been part of the plan). Trump, despite claiming that Democrats must “change the law,” is Sessions’s boss and could overturn this policy with a phone call.

But he won’t, because he supports the policy. He supports it because he knows his base does: 58 percent of Republicans support it, as opposed to 5% of Democrats and 27% of independents. And he supports it because he believes he can use these kids as hostages to get funding for his border wall, which wouldn’t work and would only enrich his contractor buddies.

Overall, two-thirds of Americans oppose the policy. At least 48 Democratic senators have signed on to S. 3036, a bill that would overturn the policy, but at this writing not one Republican has signed on. (Jeff Flake and Lindsay Graham and Ben Sasse have expressed concern about the policy, but as usual none is putting his vote where his mouth is.)

At this writing, more than 2,000 children have been separated from their parents. And why? In many cases, the kids accompanied their parents as they came to the U.S. to seek political asylum from the violence in their home countries. Entering this country to seek political asylum is, Hello, absolutely legal.

But there’s a catch. Such immigrants must present themselves at a designated port of entry. And the Department of Homeland Security has been delaying immigrants on the Mexico side of the border for days on end at such ports, forcing some to seek to enter the country at places other than designated ports of entry.

Thus, immigrants fleeing gang violence and death squads are forced to commit a misdemeanor in order to try to enter our country. And it is on that “basis” that children are being separated from their parents. (Some children are taken from parents under the guise of getting a bath. You know where else did that? Auschwitz.)

And the current policy calls for prosecution in 100% of such cases, with parents being told that the only way they ever will see their children again is to plead guilty.

So far, roughly 2,000 kids have been separated from their parents, and that may be an undercount. Why is this bad? It isn’t just sad or inconvenient; it can do permanent brain damage to the children who experience it:

“It is a form of child abuse,” Dr. Colleen Kraft, president of the American Academy of Pediatrics, told “CBS This Morning” co-host Gayle King. Kraft visited a Texas facility where children 12 years and younger are being held.

Kraft described seeing “very quiet” toddlers and one young girl under 2 years old “who was just sobbing and wailing and beating her little fists on the mat.”

“I was told that you couldn’t comfort or hold a crying child,” Kraft said. “And we all knew that this child was crying because she wanted her mother, and we couldn’t give that to her.”

Kraft explained how stress increases levels of cortisol, “our fight-and-flight hormones.”

“Normally that helps to protect us when there’s a dangerous situation. In the instance where children are separated from their parents, the one buffer they have against these fight-or-flight chemicals is gone and so these children are on red alert all the time and they’re not able to buffer these different hormones,” Kraft said. “And what this can do is disrupt the synapses and the neurological connections that are part of the developing brain.”

The American Psychological Association adds:

APA warned that trauma from family separation is a significant social determinant of mental and physical health, and referenced decades of documented research showing the harmful effects of parent-child separation on children and caregivers’ emotional and psychological well-being. APA implored the administration to reconsider this deleterious policy and commit to the more humane practice of housing families together pending immigration proceedings.

This is what is being done to children in our name. This is what Trump, lying, says is the result of a Democratic law. This is what we must do, says Attorney General Jeff Sessions, invoking Romans 13, despite the fact that the Bible says that unjust laws may not be obeyed, that the Torah says no fewer than 36 times that aliens must be treated hospitably and that Jesus, most famously in the parable of the Good Samaritan, constantly stresses hospitality; despite the fact that we are a secular republic and don’t use the Bible as a policy guide; despite the fact that Jeff Sessions’s own church says he’s wrong, wrong, wrong; despite the fact that a huge number of faith leaders from a wide variety of faith traditions agrees; despite the fact that Jeff Sessions ordered this to happen and Jeff Sessions could order it to stop. Secretary of Homeland Security Kirstjen Neilsen even insisted, laughably, that the U.S. had no such policy …
https://platform.twitter.com/widgets.js

We do not have a policy of separating families at the border. Period.

… even as White House staffer Stephen Miller said that it was a simple decision.

Welp. This is who we are, America in 2018. When Trump took office, tried to ban Muslims, and got hit with a barrage of lawsuits, we proudly boasted, “First they came for the Muslims, and we said, ‘Not this time, motherf*ckers.'” But, somehow, we have gotten very quickly to well past “First they came for …”

The Nazis are here, America, right here in 2018. Wake up and fight back. That means voting Democratic, every race, every time, and getting as many people as possible to the polls to do likewise. Mueller isn’t going to save us. Trump isn’t going to get bored and resign, and the current, Republican-controlled House will never impeach him. This will only stop when we elect enough Democrats to Congress to put a stop to this hideous practice, which the UN High Commissioner for Human Rights has denounced and which Amnesty International has called “nothing short of torture.”

We have roughly 150 days to the election. If enough Democrats win, we can put a stop to this and many other inhumane and ill-advised policies. But if we do not, we will slip, as Winston Churchill warned in 1940, into the abyss of a new Dark Age.

And we had better move fast, because go listen to that audio again. Those kids are already there.

Monday, May 28, 2018 7:32 pm

Some stuff matters more than manners

A couple of days ago I had a conversation on Facebook with a relative of mine and a friend of his whom I didn’t know. It looks as if my relative has taken the thread down now, so I’m going from (potentially flawed) memory here, but it had to do with civil political discourse. In particular, the friend, whom I’ll call Al because that’s easy to type, argued that Trump supporters and Trump opponents should discuss their differences civilly.

I said then what I’ve said many times before here and in many other forums: I’m not interested in civil discussions with racists. Donald Trump is an unreconstructed racist. He ran on an unapologetically racist platform and was elected by racist people acting on their racism; the research, ranging from polls to focus groups, has been pretty much unanimous on that score. Accordingly, I believe that if you voted for Trump, you’re a racist, or you’re indifferent to his racism, which amounts to the same thing. Al, for his part, called people who can’t discuss politics civilly “immature.”

Well.

Those of you who know me know that I think that pleas for civility in political discourse are often the last refuge of people who desperately need to be hit with the chair. Sure, I think we ought to be able to discuss political differences civilly. But some things are more important than polite dialogue. Like racism. And torture. And genocide. And Nazism. And these things cannot be reasoned with, for they seek to overthrow the very rule of reason. They can only be defeated.

Al’s remark betrayed both a political naivete and a high level of privilege. While he wants to have civil discussions about Trump’s neo-Nazism, Trump’s minions are working to build a fascist government, separating children from their parents at our borders, perhaps never to see one another again, in some cases only because the families have committed the legal act of seeking political asylum in the United States. Moreover, in areas ranging from environmentalism to health care, Trump’s actions are literally putting thousands of American and other lives in jeopardy while people like Al insist that the real problem is the maturity level of Trump’s critics.

Here is what people like Al (and my relative, who, to be fair is a dedicated, decorated public-school teacher who’s usually way more sensible than this) need to understand.

In 1930s Germany, the Nazis used the tools of a free state against a free state. They used freedom of their own expression to destroy freedom of expression for others. They used the ballot to ultimately deny the ballot to others. And Trump and his minions are walking the same path today, using the same techniques, and pulling the same wool over the same people’s eyes, that the Nazis did 85 years ago.

About that: As it happens, being on vacation last week, I read a novel, Brandenburg Gate, by the English writer Henry Scott. It’s a spy novel set just before the fall of the Berlin Wall in November 1989. The protagonist, Rosenharte (whose father had been a high-ranking SS officer during World War II), and his girlfriend, both former employees of the East German secret state police, the Stasi, have met an elderly German man, Flammensbeck, who served on the Eastern Front with the Nazis during World War II. Rosenharte asks Flammensbeck whether he thinks the current demonstrators against the East German government have legitimate grievances.

Flammensbeck blew out his cheeks and exhaled. He seemed to be weighing something. Eventually he addressed them both. ‘By the spring of 1945, I was in a prisoner of war camp in the East — we didn’t know where. I was lucky to be alive because they shot many of us when we surrendered. Then one day in April it was announced that the Fűhrer had committed suicide. We were stunned, but after a bit we fell to asking each other what it had all been about. So much death and destruction. Millions dead. And each one of us with innocent blood on our hands. What was it all about? No one could say. Then one in our group answered that it was about nothing. There was no point to it, no hidden meaning. Nothing! We’d been had.’

And with Trump, here we are again fighting Nazism. Think I’m wrong? Think there’s no comparison between the Trump administration and the Nazi regime? Grapple, then, with this 1996 7-page paper, “The 8 Stages of Genocide,” by Gregory H. Stanton, the James Farmer Professor of Human Rights at The University of Mary Washington, Fredericksburg, Virginia; president of Genocide Watch; chairman of The International Campaign to End Genocide; director of The Cambodian Genocide Project; and vice president of the International Association of Genocide Scholars. A guy who knows from genocide, in other words.

He posits eight stages of genocide: classification, symbolization, dehumanization, organization, polarization, preparation, extermination, and denial. The administration is unquestionably engaging in classification, symbolization, dehumanization, organization, and polarization of certain minorities. And with Trump’s decision to order ICE and the Justice Department to separate children from their parents at our borders, even when those families have come to request political asylum as the law allows, we arguably have entered the stage of preparation as well.

Wake up, people. Extermination and denial are all that are left.

Given those circumstances, Al and his ilk, and my relative for that matter, are going to have to forgive me for not wanting to reason with Trumpists. This country spent 425,000 lives and untold billions of dollars defeating fascism in World War II. That argument was supposed to have been done, just as our argument about slavery was supposed to have been done after the Civil War. And given the decades I have spent researching World War II and Nazism in particular, I’ll be damned if I’m going to be lectured to by a political virgin about my political maturity in the context of crimes against humanity. Indeed, Al had better wake the hell up before he finds himself either up against the wall or wearing a swastika himself.

 

Wednesday, March 21, 2018 6:57 am

Thought for the day

As long as they don’t injure cops or anyone else in the process, I am totally here for this.

Hasta la vista, Zuckerberg

My last Facebook post, from last night:

Hi, all. I should’ve done this years ago, but this week’s reporting on Facebook and Cambridge Analytica has put an exclamation point on things: I’m getting off Facebook. I have another “Lex Alexander” account that I will use solely to administer the Greensboro College and Greensboro College Alumni pages. This personal account is going silent (and, eventually, away).

You can reach me at lex.alexander@gmail.com (personal), lex.alexander@greensboro.edu (work), on Twitter at @LexAlexander, or at my blog, www.lexalexander.net. If you really need my phone #, you probably already have it.

I understand that giving up Facebook is going to inconvenience me in a thousand little ways. Just for starters, a lot of media sites use Facebook for comments, so I won’t be doing that anymore; rather, if I feel so moved, I’ll be leaving my commentary here.

I also understand that for me, at least, the horse already has left the barn, run over the hill, spent 20 years siring Triple Crown winners, died, and been buried with honors in the Churchill Downs infield. I think I was among the first non-.edu users to get a Facebook account, which I needed for my social-media work with the News & Record at the time. A lot of my personal data is in the wind, irretrievable. Still, it seems like the right call.

One upside of this is that stuff I’ve previously been inclined to post to Facebook now will be going here on the blog, meaning I’ll be posting a lot more often than I have done in the recent past. Dave Winer, the godfather of blogging, has pushed people in this direction, and it was meet and right so to do.

I’m not under any illusions that my action, or even the actions of a few million people like me, will make any difference to Facebook; it has 2 billion users, with a “b,” so it won’t miss us. But I’ve been thinking about getting off it for at least four years, and this seems, if late, a good time to do so. And the level of bad acting on the part of CEO Mark Zuckerberg and the company — firing the chief security officer for worrying about what was going on with the Russians and Cambridge Analytica and then reducing that position’s staff from 120 to three — just seems both too arrogant and too incontinent to ignore.

Sunday, February 25, 2018 9:06 pm

Who ya got?

Anyone who is a hard-core Democrat may want to take what I’m about to discuss with a big ol’ grain of salt, inasmuch as I have been politically unaffiliated for a year, prior to which I was a Republican for 38 years.

However:

I have been seeing a whole bunch of discussion on the web, mostly but not all from BernieBros, arguing that Nancy Pelosi, by virtue of her age, should step aside as House Democratic leader in favor of someone, well, younger. And my gut response is: Who ya got?

Who among House Democrats is as reliably progressive? Who among House Democrats can wrangle the herd of cats that is the House Democratic caucus as well as Pelosi? Who among House Democrats can get a bill passed, or killed, as reliably as Pelosi? And, in acknowledgment of her historic status as the first female House speaker, who among House Democrats meets all those criteria and is a woman or a person of color?

I’ve asked this question across social media. And so far I haven’t gotten a single answer.

Oh, I’ve gotten plenty of insistence that her time is over and she needs to step aside. A lot of generalities, in other words. But generalities don’t run for caucus leadership positions, let alone the speakership. People do. Real people with real, assessable records, or the lack of them.

To be clear, I don’t think Pelosi is the ideal House Democratic leader. But as I said, elections don’t take place between ideals, but between real people with real records. I’ve looked pretty hard at the House leadership, as well as some other House Dems not in leadership. And at the moment I don’t see anyone, anyone, who is clearly superior to her.

So, for those who think she needs replacing, I would suggest you work on developing a better candidate. And for those who might want to replace her, I would suggest you create a record that strongly suggests you could replace her. You’ll want to keep in mind that the next Democratic House speaker isn’t just going to have to be speaker, but also is going to have to start cleaning up the mind-numbing list of disasters committed by Donald Trump and his fascist, bigoted, cosmically ignorant administration. That’s not a job for amateurs or poseurs. It’ll take a pro.

A flesh-and-blood pro, not some idealized conception. So: Who ya got?

Saturday, February 24, 2018 9:12 am

The kids are alright; or, finally getting some common-sense gun legislation

As I write, it’s been 10 days since the killing of 17 students at Stoneman Douglas High School in Parkland, Fla. And to judge from social media, we’re still talking about that massacre in particular and gun legislation in general. That’s remarkable.

It’s remarkable because, after nothing happened in the wake of the Newtown slaughter of innocents, a lot of people resigned themselves to the inevitability that nothing would EVER happen to put a stop to mass killings in the United States. Now? Companies including several rental-car firms, Symantec, and the bank that issued NRA credit cards have dropped their affiliation with the NRA. And in a midterm election year that already was shaping up to be potentially a wave year for Democrats, gun violence has emerged as an issue that might finally drive a lot of blue voters to the polls.

There are a lot of reasons, but the single most important has been the determination of the Stoneman Douglas students themselves. They believe, correctly, that the older generation has been derelict in its duty to protect the younger. And, either already able to vote or on the cusp of being able to do so, they’ve decided to take matters into their own hands. From die-ins outside the Capitol to humiliating Fla. Sen. Marco Rubio on CNN, these young men and women have made it clear that they have decided to be the change they want to see. And it isn’t just Stoneman Douglas students; it’s high-school students nationwide (students at my own son’s high school walked out this week to protest gun violence). Former president Barack Obama acknowledged their leadership role in a tweet, adding that the rest of us should get behind them.

One beneficial consequence has been that we’re finally starting to talk about solutions. At least, the sane among us are. Obviously, that excludes the National Rifle Association.

In a generation, the NRA has mutated from sportsmen’s organization to industry lobbyist to batshit insane fascist propaganda outlet. Executive vice president and CEO Wayne LaPierre gave an unhinged speech to the Conservative Political Action Conference (CPAC) this week, insisting, despite the fact that exactly zero people in responsible positions are actually saying this, that there is a movement afoot to strip all guns from law-abiding citizens and warning of a “socialist agenda” intent on “eradicat[ing] all individual freedoms.”

The NRA’s solution to this is more guns: specifically, arming teachers. (If the NRA ever publicly agreed that global warming is a problem, its solution would be more guns. Its solution to global COOLING would be more guns.) But given the fact that well-trained, periodically retrained New York City police officers return fire accurately only 18% of the time (and open fire accurate only 30% of the time), it’s hard to picture teachers doing any better, to say nothing of the safety and liability issue of having a loaded gun in a classroom full of young kids.

(Also at CPAC, speaking of unhinged, NRA spokeswoman Dana Loesch insisted:

Many in legacy media love mass shootings. You guys love it. I’m not saying that you love the tragedy, but I am saying that you love the ratings. Crying white mothers are ratings gold to you and many of the legacy media in the back [of the room].

(Here are the facts. Reporters cover mass shootings and other murders, as well as such other trauma as fires, wrecks, and industrial accidents, because people want to know about them and because, in many cases, it’s the only way the voiceless get a voice. Nobody loves it. In fact, quite a few public-safety reporters develop PTSD. But because the culture of most newsrooms is that it’s all part of the job and reporters just have to suck it up, most don’t get treatment for it and resort instead to self-treatment, often in unhealthy ways. For example, I dealt with mine for a long time just by drinking heavily. That Dana Loesch thinks reporters revel in this, or knows otherwise but is willing to lie about it, betrays a stunning depth of ignorance or depravity.)

Gun laws vs. gun deathsThe NRA’s protests to the contrary, the U.S. is alone among industrialized nations in its incidence of mass shootings. There are far more gun deaths in states without strong gun laws than in states with them (see chart at left). And getting military-grade weaponry out of the hands of civilians might be the single most important thing we can do to reduce the number of mass shootings.

Because here’s the thing: Well within the Second Amendment, we can absolutely have a rational conversation about what combination of objectively quantifiable qualities — caliber, muzzle velocity, magazine or clip capacity, reload rate, etc. — can provide sufficient stopping power for widespread gun ownership for self-defense or sport without putting military-grade hardware in the hands of crazy 19-year-olds like Nikolas Cruz, the Stoneman Douglas shooter. And if Democrats make big gains in this year’s elections, that conversation is going to start happening with or without the NRA at the table.

And it must. A lot of gun nuts (as opposed to sane gun-rights supporters) like to insist that AR-15s and similar assault rifles are a lot like other weapons. This account from a radiologist who helped treat some of the Stoneman Douglas victims gives the lie to that argument:

In a typical handgun injury that I diagnose almost daily, a bullet leaves a laceration through an organ like the liver. To a radiologist, it appears as a linear, thin, grey bullet track through the organ. There may be bleeding and some bullet fragments. …

The injury along the path of the bullet from an AR-15 is vastly different from a low-velocity handgun injury. The bullet from an AR-15 passes through the body like a cigarette boat travelling at maximum speed through a tiny canal. The tissue next to the bullet is elastic—moving away from the bullet like waves of water displaced by the boat—and then returns and settles back. This process is called cavitation; it leaves the displaced tissue damaged or killed. The high-velocity bullet causes a swath of tissue damage that extends several inches from its path. It does not have to actually hit an artery to damage it and cause catastrophic bleeding. Exit wounds can be the size of an orange. …

Handgun injuries to the liver are generally survivable unless the bullet hits the main blood supply to the liver. An AR-15 bullet wound to the middle of the liver would cause so much bleeding that the patient would likely never make it to a trauma center to receive our care.

After a mass killing in Australia in 1996, that country greatly restricted gun ownership. It has not had another mass killing since.

The Second Amendment would forbid measures as strict as Australia’s. But notwithstanding the lame protestations of NRA whores such as my own congresscritter, Ted Budd*, not only would a ban on military-style assault weapons be upheld as constitutional, we’ve already tried it and know that it works.

Congress enacted such a ban in 1994, with a 10-year sunset provision. It also banned magazines with a capacity of more than 10 rounds. What happened?

Compared with the 10-year period before the ban, the number of gun massacres during the ban period fell by 37 percent, and the number of people dying from gun massacres fell by 43 percent. But after the ban lapsed in 2004, the numbers shot up again — an astonishing 183 percent increase in massacres and a 239 percent increase in massacre deaths.

A ban on assault weapons and high-capacity magazines enjoys public support of 68 percent and 65 percent, respectively. Even among gun owners, almost half favor an assault-weapons ban.

We also could consider universal background checks for gun ownership (favored even by 87% of NRA members), excluding from ownership those with histories of domestic violence or mental illness as well as criminal records. We can raise the minimum age at which a civilian can buy certain kinds of weapons. We can require gun registration, gun training, and the purchase of liability insurance.

Those measures address gun violence more generally than they do mass shootings in particular. But with about 32,000 gun deaths (homicide, suicide and accident) per year, they’re worth pursuing anyway. It is true that most gun-owning Americans are law-abiding, but 32,000 deaths a year, many of them preventable, is unacceptable. And as any cops reporter can tell you, the American public is not, in any way, shape or form, a well-regulated militia.

We can’t continue to accept the status quo. And God willing, the kids are going to make sure we don’t.

*Ted Budd argues that the biggest problems with respect to gun violence are mental illness and radical Islamic terror, never mind the fact that mental illness exists in lots of countries without many mass shootings and never mind the fact that radical Islamism is implicated in passing few U.S. mass shootings. Budd must harbor an amazing contempt for his constituents’ intelligence to think these arguments persuasive.

 

 

 

 

Tuesday, January 30, 2018 5:57 pm

Constitutional crisis: You’re soaking in it; or, The state of the union is shaky

Later tonight Donald Trump will give his State of the Union address. There’s no reason to think that he’ll say anything truthful; accordingly, I won’t be watching. One advantage of this is that rather than playing drinking games, I can just drink, thoughtfully, like a grownup.

But if you want to know the actual state of the union, right now it is goddamned shaky. We have not one but two constitutional crises going on right now, either one of which would be serious all by itself. Together, they’re frightening.

The first is that on Monday, Trump forced FBI Deputy Director Andrew McCabe out early. McCabe had been planning to retire in March. He’s gone now, taking accrued leave to get up to his retirement date. McCabe’s crime has been allowing Special Counsel Robert Mueller’s investigation of possible Trump campaign ties to Russian interference in the 2016 election to proceed more or less without molestation.

Then, later Monday, Trump’s administration announced that despite being given a direct order by Congress, it would not be imposing additional sanctions on Russia. Congress approved those sanctions 419-3 in the House and 98-2 in the Senate specifically to punish Russia for meddling in the 2016 election. Trump’s refusal is a direct violation of the take-care clause of Article II, Section 3 of the Constitution: the president “shall take Care that the Laws be faithfully executed …”

What’s the remedy for this refusal? Impeachment. But with the Republicans in control of both houses of Congress, that won’t happen. Why not? One or both of two possible reasons: 1) The Republicans, or a significant number of them, are complicit with the Russians, and/or 2) the Republicans have finally, completely given up on putting country before party, a road they’ve been heading down since at least the 1994 elections.

When a leader commits impeachable offenses and doesn’t get impeached or criminally tried, bad things inevitably happen down the line. Nixon should have been indicted and tried; he wasn’t, and some of his underlings went on to create more trouble in the Reagan era. Reagan and then-VP George H.W. Bush should have been impeached over Iran-contra. They weren’t, and Bush was free to pardon all those convicted, some of whom went on to serve in the Bush 43 administration. Bush 43 should have been impeached for torture if nothing else. He wasn’t, and now Trump is sucking up to torturing, murdering dictators like Putin, Erdogan and Duterte and attempting to emulate them in his governing style.

You say it can’t happen here? It is happening here. The firing last year of FBI director James Comey, the forcing out of McCabe, Trump’s attempt to fire Mueller last summer, and his reported desire to fire Deputy Attorney General Rod Rosenstein, who is overseeing Mueller’s investigation, and his reported desire to have Attorney General Jeff Sessions prosecute Mueller and his team, are a slow-motion Saturday Night Massacre, and Congress and the press are sitting around with their thumbs up their hind ends. We’re very close to no longer being a nation under the rule of law, and once we pass that point, the state of the union may well be irretrievably broken.

I’m going to have that drink now.

 

Saturday, December 9, 2017 11:48 am

The diminishing view from the moral high ground

As Democrats work to align their practices with their stated principles, they — and women — risk losing a wider war.

Time magazine has dubbed them “The Silence Breakers” and named them Person of the Year: the women (mostly) who have come forward to allege sexual harassment, or worse, on the part of powerful men, many of them quite famous.

Politics having forever been a boys’ club, it’s no surprise that the trend is affecting official Washington. What has been striking, however, has been the difference in the ways Democrats and Republicans have handled allegations against their respective members.

Democratic Rep. John Conyers, the longest-serving member in the House, was forced to resign. Sen. Al Franken, the Minnesota Democrat who some Democrats believe should be the party’s 2020 presidential nominee, was forced to resign. (More on him in a moment.) Rep. Alcee Hastings, the Florida Democrat, is alleged to have used more than $200,000 in taxpayer money to settle allegations; at this writing he has not resigned, but his situation is tenuous.

Contrast that approach with the GOP’s: Rep. Blake Farenthold, a Texas Republican, also used taxpayer money to settle allegations; he hasn’t resigned and has no plans to. (UPDATE: There are new allegations against him, too.) Roy Moore, the former Alabama Supreme Court chief justice who has been accused of sexual assault by women including one who was 14 at the time, is running for the vacant Alabama seat in the U.S. Senate with the full support of the Republican National Committee, Alabama elected officials (who are mostly Republican) and President Donald Trump, himself currently being accused of sexual harassment or assault by almost 20 women. The Republicans who control Congress have expressed zero interest in expelling Farenhold, expelling Moore if he’s elected (legally, the Senate probably cannot prevent him from being seated if he wins), or even investigating Trump.

The Democrats, having long espoused equality of the sexes, and having argued at least since the 1991 Anita Hill case that women accusers should be believed, are now having to figure out exactly how that will work in practice, lest they be credibly accused of hypocrisy. There’s no road map; it’s being drawn now as they proceed. But they do seem to be acting, or trying to act, on the belief that the party’s practices should align with its principles, however painfully.

This is a particularly acute problem in Franken’s case. The allegations against him are generally far more minor in nature than those against, say, Moore or Trump. Franken has been an ally for women in the Senate. And, again, a lot of Dems would’ve liked to see him not just stay in the Senate but also go on to win the White House. But the party, publicly led by women senators, insisted he resign. And so he said he would.

But the Republicans, having not been a party that particularly favors women’s rights, have no such worries about hypocrisy. As has been abundantly clear at least since 1995, they care not about principles, only power. Accordingly, they’ve doubled down on support for Moore, primarily to protect their tenuous Senate majority.

Think about that. One of the two major parties in this country thinks it’s just fine for a credibly accused child molester to be a U.S. Senate candidate, and to be seated if he wins. And while the press hasn’t exactly endorsed Moore — indeed, Alabama’s three largest newspapers editorialized against Moore and in favor of his Democratic opponent, Doug Jones — neither has it made enough of a stink about the GOP’s appalling lack of a moral center. And Republican voters are all for him, and not just in Alabama.

Now think about this: Suppose Moore were a Democrat, and his Republican opponent would become the 51st Republican senator — enough to, say, overturn the Affordable Care Act or some other law favored by liberals. Would the Democrats take the “Democrats uber alles!” approach? It’s inconceivable that they would (I suspect most would sit the race out, which is as good as voting for the Republican). And in the unlikely event that they did, it’s inconceivable that the news media would accept that decision with the equanimity that it seems to be accepting GOP support of Moore.

Herein lies a major dilemma for Democrats: If they do the right thing — and punishing sexual harassers and abusers is indisputably the right thing — they’ll get, at best, nominal congratulations from their base (some of whom will argue, correctly, that this course correction is happening decades too late), nominal praise from the news media, and little to no political bump.

Republicans, on the other hand, have decided that they can brazen out anything — and that therefore, they will. If anything, this is enhancing the already-strong party support from the base. Moreover, Republicans are not paying a price either in news coverage or in public esteem; the country already is deeply divided along partisan lines, so any movement would be minimal to begin with, but even so, the latest disturbing news about GOP support for a sexual predator is having little to no discernible impact on voter registration.

So from a political standpoint, what’s the benefit to Democrats of doing the right thing? It keeps the base on board, which is important, but beyond that, benefits are hard to see. And why does that matter? Because the Republicans are actively hostile to women’s rights, and only the Democrats can stop them from their current path toward banning not just abortion but also birth control, halting efforts to ensure equal pay for equal work, and many other things — yes, including stopping sexual harassment. As Slate’s Dahlia Lithwick observes:

Is [Franken going while Moore stays] the principled solution? By every metric I can think of, it’s correct. But it’s also wrong. It’s wrong because we no longer inhabit a closed ethical system, in which morality and norm preservation are their own rewards. We live in a broken and corroded system in which unilateral disarmament is going to destroy the very things we want to preserve.

To see the double standard in action, watch Mike Huckabee making the case that Roy Moore should be welcomed into the Senate because Franken has stayed. Then keep watching and realize that in the next breath, he adds that Moore has “denied the charges against him vehemently and categorically” so they must be false. Franken and Conyers are deployed by the right to say Moore should stay, and then they are dismissed as suckers for crediting their accusers.

We see this dynamic in other areas of politics, too, such as to what extent Nazis should be given the same rights as everybody else: The problem is that Nazis aren’t playing by the same rules as everyone else; they intend to use their rights to get into a position in which they can deny the rights of others. And as Supreme Court Justice Robert Jackson, who presided at the Nuremberg war-crimes trials, has famously observed, “The Constitution is not a suicide pact.”

So what can the Democrats do? I don’t think playing the game the way the Republicans do is the right call; that way, no one wins, least of all the victims of sexual harassment and assault.

Beyond that, I would argue that the party needs to make this issue a priority, by which I mean Democrats in both houses of Congress, and particularly the women senators who brought about Franken’s resignation, ought to use the rules of their respective houses to throw enough wrenches into the works to bring business to a standstill until there’s a bipartisan investigation of the allegations (including alleged the rape of a then-13-year-old girl) against Donald Trump and against Supreme Court justice Clarence Thomas for lying about his treatment of Anita Hill, and a standard procedure to follow in each house when a member is accused of sexual misconduct. If a government shutdown ensues, so be it. This matters (UPDATE: and if Vanity Fair is correct, it’s about to start mattering a whole lot more).

From where I sit, Al Franken had to resign. Yes, there’s some circumstantial evidence that the first accusation against him was by a Republican operative. But the accusations against him, though minor as these things go, were too serious, numerous and credible to ignore.

But rather than simply announcing he would resign — and even noting the irony of his resignation when Trump, accused by more people of having done worse things, remains in office — I wish Franken had said, “I will resign … right after you do, Mr. President.” That would help restore some of the moral and ethical balance now currently MIA in U.S. politics, and it would lessen the political costs and enhance the political benefits to the Democratic Party of redoubling its work on behalf of the victims of sexual misconduct, and on behalf of women generally.

Wednesday, October 11, 2017 6:54 pm

What do you call a fired Salt Lake City police officer? A good start.

Detective Jeff Payne, the Salt Lake City police officer who handcuffed a nurse and dragged her, screaming, out of a hospital emergency room for (correctly) not allowing him to draw blood from an unconscious patient without a warrant, has been fired.

So far, so good. Now the Salt Lake City PD needs to take the next logical step and arrest him. I’m not conversant in Utah criminal law, but I would imagine some possible charges might be kidnapping and felony assault on an emergency worker.

And the charges mustn’t stop with Payne. As the original story showed (see first link above), some of Payne’s co-workers stood around and let it happen. While I don’t know that you could make a criminal case against them, they, too, should be fired. That’s the only way you’re going to fix the culture of corruption that obviously pervades the SLCPD.

And, finally, I hope the nurse, former two-time Olympic skier Alex Wubbels, takes Payne and the Department to court and takes them for a moderate fortune. The taxpayers need to understand that they, too, must pay a price for supporting a corrupt police department.

The local cops asked the FBI about a month ago to join the investigation; as nearly as I can tell, that investigation remains ongoing. Good. Several more shoes need to drop here.

 

Sunday, September 3, 2017 3:57 pm

Blood and dirt; or, Why one cop’s illegal attempt to draw blood suggests a culture of corruption

The case of the Salt Lake City cop who arrested a nurse who refused to break the law for him looks bad on the surface.

Underneath the surface, it looks a lot worse.

Detective Jeff Payne of the Salt Lake City Police Department demanded that blood be drawn from an unconscious patient at the University of Utah medical-center burn unit. Burn-unit nurse Alex Wubbels correctly refused because the patient had not given (and, being unconscious, could not give) consent and because Payne did not have a search warrant for the blood sample.

On the police body-cam video, portions of which were played Friday by an attorney for Wubbels, Payne appears to lose his temper, grab Wubbels and take her into custody. The video shows University of Utah police, who provide security for the hospital, doing nothing to stop Payne.

(While this shouldn’t matter, the video also captures the fact that Wubbels is an attractive, blonde, white lady; she’s also fairly well-known in the area by virtue of having been an Olympic skier in 1998 and 2002.)

As a trained phlebotomist and someone who draws blood as part of his job, Payne should have known that just more than a year ago, the Supreme Court ruled 7-1 that drawing blood without a warrant is unconstitutional unless the patient is under arrest, which this patient was not, or (correction: EVEN IF patient is under arrest, a warrant is still required; h/t Amy Crittenden) consents, which this patient had not and could not.

Payne has been temporarily relieved of his phlebotomist duties with the department but otherwise remains on the job with pay.

That’s bad enough. But there’s more.

The patient from whom Payne wanted blood was William Gray, an off-duty reserve police officer for the Rigby, Idaho, Police Department who drives tractor-trailers when not working as a cop. He had been in a head-on collision in which he was not at fault; a pickup truck being pursued at high speed by the Utah Highway Patrol crashed into Gray’s rig, causing an explosion and fire. The driver of the pickup died at the scene; the Highway Patrol had begun pursuing him after other drivers reported him driving recklessly.

So if Gray was not at fault, why did a detective with the Salt Lake City P.D. want a sample of his blood? Payne says he received a request from the Logan, Utah, P.D. to obtain a sample of Gray’s blood to test for controlled substances. I haven’t been able to find anything one way or another as to whether that request actually was made. But even if it had been, the law is the law. Payne argued that Gray had given implied consent, which has not been the law in Utah since 2007 — another fact Payne should have known.

The Rigby P.D. issued a statement thanking Wubbels for trying to protect Gray’s rights. And she wasn’t just doing that. She also was upholding the law — indeed, had she complied with Payne’s request she might well have lost her nursing license.

There may be another reason why Payne wanted Gray’s blood badly enough to break the law to get it. Owen Barcala, a Massachusetts litigator, argues in a thread on Twitter that the cops hoped to find something in Gray’s blood that would allow them to disparage or discredit Gray — and thus get the Highway Patrol off the hook for instigating a high-speed chase that ended up seriously injuring an innocent person.

It’s not clear whether that pursuit was within Highway Patrol policy. This 2007 article in the Salt Lake Tribune suggests that state troopers there have pretty wide latitude to start a chase, and I couldn’t find anything more recent. But given that the Highway Patrol began pursuing a suspect wanted for the relatively minor charge of reckless driving, and that Gray ended up seriously injured as a result, Gray might well be in position to sue the Highway Patrol and win big — UNLESS, Barcala points out, the Highway Patrol could somehow prove that Gray had in some way contributed to the wreck through his own negligence, such as driving while impaired. Then, any award Gray might receive from a court might be reduced by a percentage equivalent to the percentage to which Gray “contributed” to the accident — or Gray might not recover anything at all. And Barcala points out that Payne might have intended to use whatever showed up in Gray’s blood to dissuade him from filing suit at all.

In all fairness to Payne, the Salt Lake City P.D.’s investigation is ongoing, and there may be more to this story than seems apparent right now.

But what is clear is that the public almost certainly will never know the whole truth, because almost no states or localities in this country have wrapped their heads around the fact that law enforcement officers — and public employees generally — are not morally entitled to any expectation of privacy with respect to performance of their professional duties. Salt Lake City’s civilian police review board’s role is merely advisory to the police chief, and while the board is assigned a full-time investigator, that investigator is from the police department. The board does not appear to have subpoena power.

Law enforcement needs public trust to be able to operate with the public’s confidence and support. Behavior like that of Payne undermines that trust and confidence, making the job of other cops harder.

And police departments aren’t even acting in their own best interests. Consider that this incident happened on July 26, and the department reviewed the relevant body-cam video within 12 hours, according to the Tribune. But the department did nothing about it until the video went viral five weeks later. That tells us that this isn’t just one rogue cop. At best, it is a gross misservice to Wubbels, Gray, and the larger public the department serves. At worst, the events and delay in responding to them suggest that this is a department whose culture is corrupt to the core.

Update 9/6: Payne has been fired from his part-time paramedic job after he said on the video that he’d bring transient patients to the hospital and take the “good patients” elsewhere to retaliate against nurse Alex Wubbels.

Update 9/8: Local prosecutors have asked the FBI to join the investigation into the cops.

 

 

 

Sunday, August 20, 2017 5:24 pm

“Be nice to me or I won’t support impeachment.”

So today on Facebook I stumbled across a butthurt Republican woman complaining that someone else had pointed out the obvious fact that the Republican Party has been dining out on racism and other forms of bigotry for 50 years. I didn’t respond directly to her, and I’m not gonna name her because women have a hard-enough time online without having hell unleased on them by total strangers, but I do want to address her idea.

After reading another Facebook poster’s long history of GOP racism, dating from Barry Goldwater’s opposition to the Civil Rights Act to Trump’s comments last week, she responded:

Wow. What a great way to support us moderate, anti-Trump Republicans. … Should the Mueller and other investigations prove Trump colluded with an active foreign enemy, you DO realize you will need us lowly Republicans to pass articles of impeachment?

May I make a suggestion to any Republicans who think like this? Well, it’s my blog, so of course I may:

Leave the party. I did 18 months ago after 38 years of membership when it became clear that it was going to nominate Trump.

Because here’s the thing: In Congress and in the N.C. legislature, THERE. ARE. NO. MORE. MODERATE. REPUBLICANS. There aren’t even any SANE Republicans. Oh, moderate Republicans who aren’t politicians like to think that there are, and the news media find it useful to pretend that there are, and a Republican here or there will occasionally SAY something constructive. But when it comes to actual voting, no. They’re. All. Gone. Even John McCain, who voted to kill ACA repeal, was fine with torture when it came time to try to hold the torturers accountable. And he’s as good as it gets; Susan Collins and Lisa Murkowski, for all their anti-ACA accolades, are no better.

Robert Mueller could produce evidence that Donald Trump murdered a 6-year-old boy in broad daylight in the middle of Pennsylvania Avenue and had sex with the corpse, and there still will be not one single Republican vote to impeach him. Nah. Guh. Happen. Hell, you haven’t even seen a single Republican sign onto the measure to censure him for supporting actual Nazis, let alone call for his impeachment.

Donald Trump has narcissistic personality disorder and early dementia. He is a serial liar of world-historical scale, he is a confessed sexual assaulter, he is a con man of decades’ standing, and he’s never going to change. All of this was a matter of broad public record in July 2015. CONGRESSIONAL REPUBLICANS DIDN’T CARE THEN AND DON’T CARE NOW. And neither do most other Republicans. There’s no pony under all that sh*t, lady. For the love of God and the good of the country, stop pretending otherwise.

Finally, if there’s anyone else out there who thinks that the rest of us need to be NICE to you if you’re going to support Trump’s impeachment, how dare you. If you were a patriot, you’d’ve been fighting him from the day he announced his candidacy two years ago. That’s the LEAST you could have done. Instead, it’s the fault of people like you that we have to deal with this at all, and you want us to pat your head and tell you what a good person you are? No, I expletiveing well think not. A decent respect for the opinion of mankind ought to impel you to repent and try to expiate what you’ve done without expecting anything in return. Now shut up and get busy. When you’ve earned a pat on the head, we will damned well let you know.

Tuesday, August 15, 2017 7:39 pm

Trump assumes the chancellorship

It took a tragedy, but we now know, finally and forever, who Donald Trump is: He’s a Nazi.

We learned this as the result of the “Unite the Right” march in Charlottesville, Va., during which a counterdemonstrator was killed and 19 others injured when a Dodge Challenger rammed into a crowd, then rapidly accelerated away in reverse. James Alex Fields Jr., 20, of Ohio, has been charged with second-degree murder and other felonies. Fields has been described by former teachers and others who knew him as obsessed with Hitler and Naziism, and he was photographed with a fascist group shortly before the car incident.

The march ostensibly was to protest the planned removal of a Robert E. Lee statue from a park in Charlottesville. So let’s talk for a minute about that statue and the many other statues and monuments ostensibly erected to honor the Confederacy. You know when the bulk of them were actually erected? Fifty or so years after the war, at the height of Jim Crow, with another spike in construction during the civil-rights era about a century after the war. In other words, these statues and monuments didn’t honor the Confederacy, they honored white supremacy. So what should we do? Seems pretty clear to me: take them all down, melt them down so as to make something truly useful of them, and display pictures of them in museums alongside images of the lynched bodies of African American victims of Jim Crow.

But taking them down would be illegal here in North Carolina, where the legislature a couple of years ago passed a law, enthusiastically signed by ex-Gov. Pat McCrory, that no such statue or monument could be taken down. This fact calls to mind something often attributed to Thomas Jefferson that he didn’t actually say: “When laws become unjust, resistance becomes duty.” Irrespective of authorship, it’s a damn good thought. And so it was that a number of people took it upon themselves Monday to pull down a Confederate statue on the grounds of the Durham County Courthouse an hour or so from me. The sheriff’s department is filing felony charges, which strikes me as adherence to the letter of the law while defecating on its spirit.

Meanwhile, Trump went quite a while before saying anything about the death of Heather Heyer and the injuries of 19 other people. Finally he said, “We condemn in the strongest possible terms this egregious display of hatred, bigotry, and violence on many sides, on many sides,” and added, “What is vital now is a swift restoration of law and order and the protection of innocent lives.”

So many things wrong with that.

For starters, Trump equates the few skirmishes caused by counterdemonstrators with the terrorist act of a Nazi of driving a car at speed — 35 to 40 mph — into a crowd of people he disagreed with politically. He also made sure to include “law and order,” which has been a racist dogwhistle since Nixon’s Southern Strategy in the 1968 campaign and also has been a mantra of the extremist right.

Not just anti-Nazis but even some of Trump’s own staff asked him to speak more forcefully against the white supremacists. He finally did on Monday, but as many an observer noted, he did so with the affect of someone making a hostage video.

And, indeed, earlier today, he returned to his original position and then some, basically defending the Nazis in his first news conference in basically forever:

TRUMP: Okay, what about the alt-left that came charging at [indiscernible] – excuse me – what about the alt-left that came charging at the, as you say, the alt right? Do they have any semblance of guilt?

REPORTERS YELL INDISTINCTLY

TRUMP: What about this? What about the fact that they came charging – they came charging with clubs in their hands swinging clubs? Do they have any problem? I think they do.

REPORTERS YELL INDISTINCTLY

TRUMP: As far as I’m concerned, that was a horrible, horrible day. Wait a minute, I’m not finished. I’m not finished, fake news. That was a horrible day.

REPORTERS YELL INDISTINCTLY

TRUMP: I will tell you something. I watched those very closely, much more closely than you people watched it. And you had, you had a group on one side that was bad. And you had a group on the other side that was also very violent. And nobody wants to say that, but I’ll say it right now. You had a group – you had a group on the other side that came charging in without a permit, and they were very, very violent. [emphasis added]

TRUMP: Those people – all of those people, excuse me – I’ve condemned neo-Nazis. I’ve condemned many different groups, but not all of those people were neo-Nazis, believe me. Not all of those people were white supremacists by any stretch.

Earlier this year, when Trump managed to give a speech without defecating all over both of his own feet, some idiot pundit said, “Tonight was the night Trump became president.” Well, today was the day Trump became either Grand Kleagle or chancellor, setting himself clearly on the side of the white nationalist movement, his voting base.

A lot of people of good will have argued that the Nazis and other white supremacists have First Amendment rights, too, and, yes, they do. But let’s keep something in mind that Joseph Goebbels, Hitler’s future Minister of Propaganda, said upon becoming one of the first Nazis elected to the German Reichstag, in 1928 (h/t to Dan Conover for the reminder of this):

We enter parliament in order to supply ourselves, in the arsenal of democracy, with its own weapons. If democracy is so stupid as to give us free tickets and salaries for this bear’s work, that is its affair. We do not come as friends, nor even as neutrals. We come as enemies. As the wolf bursts into the flock, so we come.

I’m not sure exactly how you balance those competing interests. For the sake of the country, we had damned well better balance them in favor of preserving democracy, but it is clear from their actions that neither Trump nor many of his backers are interested in that. They’re here to mess us up as the wolf bursts into the flock.

One of the disturbing tidbits to come out of the Charlottesville incident was that state and local law enforcement adopted a mostly hands-off attitude toward the white supremacists in part because they felt outgunned. Look, there are two and only two possible responses to this: Up-arm your police or, preferably, tell the marchers they must disarm. The ultimate responsibility of law enforcement is to protect the public, and that means mitigating the threat at the source.

And if it takes a rifle to fend off the wolf, so be it; democracy is that valuable. As I’ve said before, if the tree of liberty must be refreshed with the blood of seditious white jackasses, I’ll cheer on the National Guard and not lose a minute’s sleep.

 

 

Monday, May 15, 2017 8:56 pm

Grounds for impeachment

The Washington Post’s newest story on Donald Trump makes a good time to stop and assess where we are right now. And where we are right now is damned depressing.

Were I a member of the U.S. House, right now I could introduce no fewer than four articles of impeachment regarding Trump, any one of which would be grounds for removing him from office.

  1. He retained a foreign agent (Michael Flynn) as national security advisor for days after being advised that Flynn was a foreign agent.
  2. He obstructed justice by firing FBI director James Comey, who was leading an investigation into Trump’s Russia ties (more on which below).
  3. He has committed serial violations of the Emoluments Clause.
  4. As documented in the Post article linked above, he has not only leaked highly classified (“codeword”) intelligence to the Russians, he also blew an anti-ISIS intelligence source managed by another country in doing so. This was information so sensitive we weren’t even sharing it with our other allies. Indeed, it is hard to read about this disclosure and not wonder why Trump isn’t being indicted for treason.

Any or all of these actions are grounds for impeachment and removal from office, even before the investigation of Trump’s Russia ties really gets going. That investigation, I am convinced, will at the least find evidence that Trump laundered Russian money, if not evidence of other crimes as well. And I’m almost as sure that it will implicate a number of Trump associates, among them Vice President Pence and House Speaker Ryan in the line of succession.

The Republicans control the House and Senate, so, naturally, Congress is doing nothing about these crimes, even though if President Hillary Clinton had committed them, she would have been impeached before sundown. But Congressional Republicans, to a man and woman, are accomplices in treason, nothing but Putinesque cockholsters.

Some commenters have drawn comparisons between the Comey firing and Watergate. But Watergate was just the cover-up of a third-rate burglary. What Trump is doing is much worse, and this time around we haven’t a single Congressional Republican willing to put country before party.

For 38 years, I was a law-and-order Republican, and here’s what I think: Trump needs to hang for treason. And Congressional Republicans need to hang alongside him.

 

 

Next Page »

Create a free website or blog at WordPress.com.

%d bloggers like this: