Saturday, February 15, 2020

Tomorrow?


Tomorrow?

Tomorrow, and tomorrow, and tomorrow,
Creeps in this petty pace of day to day
To the last syllable of recorded time;
And all our yesterdays have lighted fools
The way to dusty death. Out, out, brief candle![i]


And what of our tomorrows?

Is the great experiment of rule by the people but a candle that’s shown its light a few years only to be extinguished by a return to the rule of the despot and the divine right of the few? The Dane spoke of the death of an intimate, but the thought lingers as we view attempts to deaden our senses and watch daily grasps for uncommon power. We see the march toward executive control, legislative cowardice, and the diminution of a way of life. Out, out, brief candle?

Reaching for hyperbole, you say! Perhaps, but we recently watched the impeachment of our President for “high crimes and misdemeanors.” Then we watched, even more stunned, the expected acquittal by the Senate that sat as judge and jury while the House Managers proved the allegations beyond a shadow of a doubt. The answer, known before the question was asked. For a majority of the senators, it was more important to save the leader of a party than to do justice. In two other impeachment trials, the senate also saved their party leader. The candle flickers. A flame dimming?

On December 17, 2019, Mitch McConnell, the Majority leader of the Senate stated “I’m not an impartial juror. This is a political process. There’s not anything judicial about it, The House made a partisan political decision to impeach. I would anticipate we will have a largely partisan outcome in the Senate. I’m not impartial about this at all.

One month later, January 16, 2020, the trial began in the Senate. Chief Justice Roberts asked the senators to swear the traditional oath, “Do you solemnly swear that in all things appertaining to the trial of the impeachment of Donald John Trump, President of the United States, now pending, you will do impartial justice according to the Constitution and laws, so help you God?” McConnell and the other senators took the oath and signed their names in the oath-book. He and many other senators lied before God and the American people. They had no intention to show impartial justice. The flame flickers.

One of the key functions of Congress is oversight of the Executive Branch, staunchly embedded in its constitutional implied authority. It is understood that the subpoenas of the Congress are to be obeyed. The current president issued orders to everyone in the Executive branch to ignore congressional subpoenas.

Some people did, however, answer the subpoenas of the House during the investigation leading up to the impeachment. They testified that the President had in fact held up military aid to an ally until the President of Ukraine would announce an investigation into the Biden family’s business dealings. They have all been removed from office, reassigned to other jobs, resigned, or are waiting for a similar fate. Could this be retaliation for obeying the law? The flame flickers.

Richard Nixon told people in the Executive branch to ignore subpoenas during the Watergate investigation and forced to resign because of it. Our current Senate chose to ignore the President’s non-compliance, his tacit ignoring of the role of Congress as an equal branch of government. This flies in the face of two hundred plus years of the democratic republic we claim to be. The flame flickers.

After the current president was elected, the Justice Department appointed a Special Prosecutor to investigate campaign irregularities as they related to seeking and accepting foreign government information to help win the 2016 election. As a result of the investigation, the Republican campaign chair is in jail, the assistant campaign chair went to jail, many more are indicted, and others await sentencing. Just this week, the President tweeted his displeasure at the DOJ’s sentencing recommendation for Mr. Stone, found guilty of seven counts of brokering with foreign governments to get “operation research” on the Clinton campaign. The President thought the recommendation “a ridiculous nine-year prison sentence to a man that got caught up in an investigation that was illegal….” The Attorney General announced that he was reducing the sentencing recommendation. As a result, three key Justice Department prosecutors resigned from the case and one resigned from the department, causing one of the worse crises in department history and for the rule of law. The Justice Department has always been hands-off to the President. When Nixon tried to interfere in the Watergate break-in, he set off the Saturday-night-massacre in which one AG after another resigned. The flame flickers.

We just endured a State of the Union Address filled with intentional lies about the economy, the country’s relationship to other countries, the positive results of the tariff wars and … The flame flickers.

The President is a master of reality TV, programming and marketing. He is the Elmer Gantry of the political world, rousing his followers to frenzy in rallies around the country. Nearly fifty percent of the people in the country think he is doing a good job. About fifty percent of the Democrats think Republicans are horrible people with horrible policies. More than fifty percent of the Republicans think Democrats are horrible people with horrible policies. It’s true that there is a conservative-progressive split among the voters. We have always had that. We have always had one party trying to beat out the other. The issue is that instead of trying to heal the nation, reduce the division and compromise on programs to improve the country, the President and his followers keep digging a bigger gulf between the two parties. Our government, our rule of law, our upholding of the Constitution, are based on a trust that human beings will uphold truth and deal fairly with each other.  The flame flickers.

Any time we vote in a different party to govern the country we expect different policies. That is part of the process. When the people in the states elected their presidential electors and a Republican won, it should be expected that taxes would be on the table, that regulations would be cut, that trade policy would be altered and the court would be in play. What we don’t expect is a wholesale trashing of our core values of honesty and fair play, of our proven history of keeping the world safe from war by building strong alliances with like-minded nations. We don’t expect all the leader’s confidants to end up in jail, or that the President will interfere with the Justice Department. No, a president can’t do “whatever I want.” The flame flickers.



We have seen and experienced this before. Hitler’s party had one of the largest vote majorities in the history of Germany. Then he moved into the Chancellor’s office and created a nation, in only a few years, based on his personality and his hatred on non-Aryans. The largest majority in Italian history elected Mussolini. He then ruled the nation as a personality bent on immolating the Nazi party of Germany. We saw the devaluation of the rule of law in Poland, the Czech nations, Russia, and East Germany. They say that you can only rule so long as the people let you. When the people had finally had enough of dictatorship rule, the Wall came down and Ulbricht was no longer the party head of East Germany. The flame extinguished!

Can we endure another year of lying and cheating at the highest levels of our government? Can we endure another year of placing more credence in the words of a Russian despot or dictator from Turkey than we do in our own intelligence community, or defying Congress at every step? We don’t have much choice. Do we have to endure another four years of the same malevolence after that? We have a choice to make. We have a republic if we can keep it. We have a Constitution to protect. We have a rule of law to lead us. If we can’t do what is right to right the nation, the only solace we will have is that tomorrow the sun will come out.

The sun’ll come out tomorrow,
so ya gotta hang on ‘till tomorrow
come what may.
Tomorrow, tomorrow. I love ya tomorrow!
You’re always a day away![ii]









[i] William Shakespeare – Macbeth – Act 5, Scene 5
[ii] Meehan & Strouse – Annie – Opening night on Broadway, 4/21/1977











Monday, February 10, 2020

Does Right Matter? Part II


It was a foregone conclusion. President Trump would not be found guilty and would not be removed from office. The Majority Leader of the Senate announced the verdict before the trial began, and Senator McConnell has complete control of his caucus. So why bother?

The House impeached the President along party lines. Then the House Managers presented their case to the Senate which was sitting as judge and jury. The President’s defense counsels presented their rebuttal with equal vigor and legal tenacity. We saw some of the best trial lawyers in the country joust with each other for the better part of a week, trying to convince the senators to convict or not convict. In the end, Mitch McConnell prevailed; the Senate did not find the President guilty nor oust him from office. The Republican Senators would not remove the leader of their party, except for one braveheart, no matter the facts of the case. The vote to acquit lasted 22 minutes. It was anticlimactic. And, it matters!

Yes, it matters. If a president holds up crucial military aid to an ally because of major policy differences, it is not an impeachable offense. To do so for personal political gain, however, as President Trump did, that is impeachable. In the end, many senators stated that the House Managers proved their case; the President had done wrong, but they didn’t consider it severe enough to remove him from office. The next time a police officer pulls me over for doing 80 miles per hour in a 35 mph zone, I am going to admit that I did it, but argue that the crime doesn’t rise to the level of receiving a ticket or going to court.

Each senator has a reason for his or her vote. Nearly half are convinced that the whole effort on the part of the House Democrats was because they disliked Trump, couldn’t overcome the reality of his election and disagreed with his policies; they believe the animus went way back. Others are scared to death that they will the primaried if they vote for removal from office, and they want to keep their jobs. The President has stated that Senator Romney, the lone Republican to vote guilty, should be removed from the Republican Party. To be fair, some senators just hate Trump and others are blindly loyal members of the Trump cult. Whatever the motives, the impeachment saga illustrates how divided the country is. That really matters.

Our experiment with a democratic republic hinges on the idea that we can all disagree on policies, but that we will reach compromise positions in favor of a more perfect union, a better tomorrow for the next generation, or something as simple as better infrastructure. Some claim that what unites us is larger than what divides us. That may have been true a few years ago, but I’m not sure it’s true today. We don’t have one or two things we disagree about, as in the past, but we seem to have hundreds.

We saw the divide at the State of the Union address: the President refusing to shake hands with the Speaker, her non-traditional introduction of the President, then her tearing up of the speech at the end, and Members walking out during the address. Those are neither normal protocol nor good manners. We saw the divide when supporters cheered even when the President lied about policies and his achievements. We saw the divide when detractors didn’t cheer for the administration’s real accomplishments. The tension in the great hall of the people was palpable. We may have been watching the apotheosis Founder’s dream of a government of and for people who want to work together to form a more perfect union achieved by devotion to the Constitution and the rule of law, rather than rule by a person or party. I fear for our democracy, for our culture, and for our future.