Trump’s Second Amendment Hooligans

June 8, 2020

The pandemic has been making life quite difficult for many of us, but if we don’t figure out a way to deal with Trump’s invitations to violence things can get a lot worse.

Gun owners are not made in cookie cutters and the differences are large. I know lots of people who own guns and it’s never given me a moment’s concern. Many if not most gun owners are responsible and trustworthy. They are not killers and they’re not using their guns to play rough with people.

But there is a minority that believe that gun rights, or what Mr. Trump prefers to call Second Amendment rights, give them the privilege to threaten, intimidate and even kill to make things come out their way. Threats, intimidation and murder are not protected by the Second Amendment. They’re crimes. People who believe the Second Amendment gives them such rights are hooligans or terrorists, not responsible people who deserve anything but the insides of jail cells or loony bins. Those people are “deplorable.”

The statistics make clear that they’ve done more damage in America than the foreign terrorists we say we fear. Trump wants us to believe that there are, as he put it, good people on both sides, but White Supremacists account for the vast majority of home-grown terrorism in this country. And they reliably respond to his invitations, resulting in a very clear and present danger of violence and bloodshed.

When Mr. Trump told people to liberate Michigan with their Second Amendment rights, he was not suggesting that they keep their guns holstered or cased or even pointed at the sky. He was appealing to hooligans and terrorists to force the rest of us to do their bidding.

When Mr. Trump took office the Constitution required him to:

“solemnly swear (or affirm) that [he] will faithfully execute the office of the President of the United States, and will to the best of [his] ability, preserve, protect and defend the Constitution of the United States.”

Millions of Americans have taken oaths that we were

“not a member of the Communist Party or any other organization which advocates the overthrow of the Government by force or violence.”

In fact Mr. Trump is trying to overthrow it. A leading, so-called birther, he denied Obama’s right to the office though Obama was properly elected and behaved in a careful and thoughtful way for the good of all of us. By contrast, Trump uses the classic methods to try to overthrow the government by force and violence. Budding dictators encourage violence, create chaos and then pose as the savior to take over. When Trump creates a clear and present danger of violence by inviting gun owners to use their Second Amendment rights, they get the signal, and Trump relies on their lawlessness to put people in terror if they oppose him. Like other budding dictators who’ve called out the military against their own people, Trump called out a show of military force against domestic demonstrators to clear his path to a photo op in front of a Washington church and over-awe Americans with his control of the levers of deadly power. A would-be dictator, Mr. Trump is repudiating his American citizenship.

Guns owners who respond to Trump’s incitement are giving a very bad name to responsible gun owners, to owners who don’t use their guns and their votes to constrain political behavior like that. It’s time to take back the NRA from the unreconstructed Civil War rebels, terrorists, hooligans and their enablers who claim the protection of their guns and the Second Amendment in your name. It’s time to break the White House link with liars, hooligans, and terrorists.

— This commentary was scheduled for broadcast on WAMC Northeast Report, on June 9, 2020.

REFERENCES:

New America Foundation, IN DEPTH, Terrorism in America After 9/11 https://www.newamerica.org/in-depth/terrorism-in-america/what-threat-united-states-today/;

Daniel Byman,  Right-Wingers Are America’s Deadliest Terrorists, Slate, Aug. 5, 2019, https://slate.com/news-and-politics/2019/08/right-wing-terrorist-killings-government-focus-jihadis-islamic-radicalism.html.

DANIEL MORITZ-RABSON, New NRA President Is Board Chair for Organization Managing Country’s Largest Confederate Monument, Newsweek, 4/30/19 AT 10:52 AM EDT – https://www.newsweek.com/nra-president-chairs-organization-country-largest-confederate-mounment-1409648

How the NRA went from a marksmanship group to a controversial political powerhouse. In his new book, investigative journalist Frank Smyth explores the group’s rise to favor, particularly under the Trump administration. By Hope Reese  Updated Apr 2, 2020, 11:00am EDT, The Highlight by Vox, https://www.vox.com/the-highlight/2020/3/24/21191524/nra-national-rifle-association-history-frank-smyth-wayne-la-pierre

 


Don’t let fear-mongering about bail reform make things worse!

February 2, 2020

People are being scared about the new bail reform statute. What they are not being told is that the new statute doesn’t leave the public less safe and isn’t responsible for much of the crime it’s getting blamed for.

Bail means that people can get out of jail so long as they can buy a bond. All bail statutes involve some risk of what defendants may do while out on bail. The worst criminals, the ones who have garnered the most ill-gotten gains, have the least problem getting out. But the public is not being told when the defendant would have been out anyway.

Under previous statutes, judges imposed bail based on the likelihood that defendants would run away. But the bail reform statute defines situations where there is reason for concern about public safety and provides for electronic monitoring and other restrictions in those instances, restrictions that keep people from causing trouble.

So the new statute is not likely to let people loose who would have been confined under the old statute and who shouldn’t have been under the new one.

What the old statute did was to make it impossible for poorer people to hire an attorney – in jail they couldn’t earn anything to pay for lawyers, or feed their families.

DA’s liked the old statute – they could force people to plead guilty just so they could get out and try to earn a living. That’s been a scandal well known among lawyers.

And as for discovery, most lawyers in cases in all other fields have to tell the other side what they’ve got in the way of evidence. And if there’s any reason for a defendant to be scared, there are ways judges can deal with it.

Don’t be scared by misinformation.

And don’t forget the benefits. Actually we are safer when we don’t unnecessarily destroy lives, make people less able to support themselves and their families – that drives people to desperation, and it leaves their kids feeling hopeless which drives lots of counter-productive behavior. Hopelessness causes kids to drop out of school or go on drugs or both, with horrific consequences for all of us. Don’t let fear-mongering make things worse when we are on the verge on ending the scourge of mass incarceration and all the costs and damage that has been causing.

For more information, a couple of excellent articles are by Emily Bazelon and Insha Rahman, There’s a Strong Case for Sticking With Bail Reform; and by the author, John Grisham, Bail laws a lesson in New York’s strong leadership. The statute is lengthy and the currently available version includes many provisions in unrelated areas of law; it begins at page 109.

 

 


We Have Trump to Thank

September 24, 2019

The President has been taking apart all previously made progress handling the environment and global warming. His actions will contribute to what has been called the sixth extinction – the premature death of billions of people on this planet, large proportions of our children and grandchildren and the shrinking of any remaining habitable portions of earth, so that few can survive and those who manage to live on the meager remainder will have had to survive the bloodiest war of all against all just for the scraps remaining.

We have Trump to thank for trying to stop California from regulating its environment so that people can breathe in Los Angeles. We have Trump to thank for reversing the decline in greenhouse gasses from car engines and coal driven power plans. We have Trump to thank for encouraging the pollution and garbage that destroy fish and marine life, and poison the water we need to drink. We have Trump to thank for doing his best to put us out of our misery by making sure most of us cease to exist.

We have Trump to thank for making suckers out of those who supported him, putting all the resources which could have provided good jobs, into the hands of the richest among us, people who did everything except spend money on workers, who spent their tax breaks instead on stock buy-backs, dividends, McMansions, and outsourcing. We have Trump to thank for making suckers out of the people who thought he’d rebuild their jobs, their towns, their cities and their ways of life, and sacrificing them instead to twits about foreign countries.

Americans were famous across the globe for our ability to work together in everything from sports stadiums to armies and industry. America built its success on teamwork. But the President’s ego couldn’t stand it because he doesn’t get the credit. So, he found a way to destroy all those accomplishments by dividing us in order to conquer us.

So, we have Trump to thank for encouraging a war among Americans over race, religion, parentage and national origin. Alt-wrong mass killers have murdered a multiple of the Americans killed by any other source of domestic terrorism. They work individually as copy-cat killers, to defy blame and prevention, much like the Communists worked by separate cells. Yet the President praises and encourages them and prevents funding and enabling the surveillance the FBI should be doing to defend us.

We realize it’s very important to him to destroy all the strides we have been making to recognize each other’s strengths, talents and decency, to embrace each other as brothers, sisters, cousins and children of God so that he can stay in power riding a crest of hatred.

Instead, for Trump, only Trump counts. He has become the most corrupt president in the history of the country, the only one whose very loyalty is in doubt, who encourages violence against the public instead of protecting it from violence, and does all he can to weaken, not strengthen America.

I wouldn’t have thought it a good idea to lock up presidents and presidential candidates. It’s dangerous for democracies to do that. But Trump put it on the table by encouraging the chant to “Lock her up” directed against Hillary. It would be better for the rest of us to give him some of his own medicine, locking him up as he would have Hillary, but I’ll be satisfied by any legal means of getting him out of office. Then we can get back to saving our environment, strengthening the position of our workers, and protecting Americans from descending further into violence.


Problems Proving Obstruction and Conspiracy

April 2, 2019

Two statutes add to the many issues that complicate the status of Robert Mueller’s investigation of Russian interference in the 2016 presidential election.

One defines obstruction of justice as “imped[ing] the due administration of justice.”[1] It has been treated as necessary that one have specifically intended to obstruct a proceeding. One can prove that someone like Trump intended to impede justice either by statements of intent or actions that make it obvious. Obstruction is about such things as Trump’s dismissal of Comey and urging an end to the investigation. It would have been cleaner if Trump had recused himself from the investigation. But he didn’t dismiss Rosenstein or Mueller or order either Comey or Sessions to end the investigation, only encourage them to. Was that enough? It probably would be if you told a police officer to get lost. But, even though Congress is not limited by the same rules of evidence, Supreme Court decisions about evidence of intent will complicate things. Let me come back to that in a moment.

A second statute makes “[A]ny conspiracy for the purpose of impairing, obstructing or defeating the lawful function of any department of government . . .” a violation of federal law.[2] Participants must agree, intend, and do something to further the conspiracy. Once again, intent might be proven by explicit statements, or by actions that make it obvious.

The Supreme Court, however, is not a friend of the obvious. It ratcheted back the law of conspiracy in an antitrust case saying that it is not enough to show that two people or companies acted as if they were acting in concert. The Court wants something closer to an explicit statement or admission.[3]

The Court doesn’t like to infer intent from behavior, except for infering intent to favor African-American efforts to equalize their opportunities with those of whites. The Court decided that many electoral district lines were unconstitutional racial gerrymanders in favor of African-Americans based on the shapes of the lines, even where the more obvious purpose was political gerrymandering which, to this day, they refuse to condemn.[4] But the Court resists finding that white officials disadvantaging minorities did so intentionally.[5] In one case they would not even get to the evidence, writing that such discrimination by high public officials was “implausible.”[6]

Intelligent attorneys would stop short of explicit statements or admissions. Politicians and criminal conspirators often make agreements based on unstated understandings. Trump came much closer to the brink than an intelligent lawyer would have. But notice the absence of any explicit quid pro quo. There’s no “release the recordings, Mr. Putin, and we’ll deliver the EU.” There’s no “let us help you violate our laws to get information on the Democratic National Committee or candidate Clinton.” It wasn’t even in the form of requests that they do some illegal things in the U.S. Instead the evidence we know about was all encouragement – saying that would be great, we hope Putin does it, or we predict he will. Trump’s statements are not explicit. Lawyers recognize that circumstantial evidence is often the most reliable but this Court thinks big shots and major corporations should be protected from it. Here, the evidence we know about is ambiguous – does it indicate a joint endeavor or simply knowledge of Putin’s actions?

The strength of the evidence will depend in part on whether Congress is willing to ignore the Court. In other words, the U.S. Supreme Court had its favorites and its scapegoats even before Trump’s appointments made it worse. None of that makes Trump blameless but it does mean that there will be battles over the evidence if there is any attempt to impeach.

— This commentary was broadcast on WAMC Northeast Report, April 2, 2019.

[1] 18 U.S.C. § 1503, 1505 and https://www.law.cornell.edu/wex/obstruction_of_justice.

[2] Hass v. Henkel, 216 U.S. 462, 479-480 (1910).

[3] Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007).

[4] See, e.g., Bush v. Vera, 517 U.S. 952 (1996); Shaw v. Hunt, 517 U.S. 899 (1996).

[5] See Wards Cove Packing Co. v. Atonio, 490 U.S. 642 (1989); and see also League of United Latin American Citizens [LULAC] v. Perry, 548 U.S. 399, 517 (2006) (Scalia, J., concurring in the judgment in part and dissenting in part).

[6] Ashcroft v. Iqbal, 556 U.S. 662 (2009).


Take America Back

March 18, 2019

It is painful to see the forces of hate killing men, women and children on many continents and here in many states, in schools and public places, taking apart the work of what we have been honoring as the greatest American generation who spilt their blood for the America they loved. It is painful and frightening to see the effort of the alt-Wrong to rip apart the free world that this country took the lead in creating. It’s painful to see terrorists crediting an American president as their inspiration for murder.

When I was a small boy, American men were fighting, and dying, in the Pacific, Africa, Italy and, after the landing in Normandy, through France and Germany. They were struggling for freedom, democracy and brotherhood. As the war ended, Truman sent Franklin Roosevelt’s widow, Eleanor Roosevelt, to the UN. Truman sent her there to make clear to the world the depth of America’s commitment to building a robust and sustainable free world. She chaired the seventeen-­member UN Commission on Human Rights and led that body in the development of the UN Universal Declaration of Human Rights. You could have drawn much of it from our own Constitution. These were American ideals on the world stage.

In 1948, the Supreme Court under Chief Justice Vinson held racially restrictive covenants unconstitutional. Then in 1952 the NAACP brought five cases to the Supreme Court challenging segregation and seeking to overrule Plessy v. Ferguson, the case that had upheld segregation in 1896. The Truman Administration told the Court that the US was being attacked around the globe because of segregation and that segregation complicated American foreign policy. Obviously important, the case was reargued after President Eisenhower took office and Chief Justice Vinson had died. Eisenhower’s Justice Department submitted its own brief to the Court, and it underscored the arguments of the Truman Administration that this country needed to end segregation. The Supreme Court agreed; in Brown and a series of cases it made clear that American government could make no distinction of race, creed or heritage in its treatment of Americans.

Americans cheered Brown and made clear it was a popular decision. We believed what they said in the Declaration, that “all men are created equal.” Americans fought a Civil War over that principle. By the time of Brown, this country had embraced people like Jesse Owens, Marion Anderson, and Ralph Bunche among many others. With some obvious and vocal exceptions, Americans embraced the end of segregation. That is the America embraced the world over, admired for its principles and its heart. That is the America that took all of us to its heart regardless of which country our ancestors came from, which faith they brought. That is the country that our ancestors embraced with both love and pride, the America they wanted to be part of and contribute to. That is the America they wanted for us. That is the America we need to take back.

An America with neither mind nor heart clearly needs a trip to see a Wizard of Oz. An America with a man in a position of power who gloats that “I could stand in the middle of Fifth Avenue and shoot somebody” with impunity is an America which actually does need to deport someone, and to wall out the orange-haired imposter before he corrupts our genetic inheritance.

— A version of this commentary was broadcast on WAMC Northeast Report, March 19, 2019.


The Central Issue of Trump

March 20, 2018

Trump says and does so many things which are parts of much bigger issues, that it’s nearly impossible to keep up.

  • He has us discussing whether he’s going to fire one guy or the other, who does or doesn’t deserve to go;
  • Whether Trump will make war or peace and what country deserves our friendship or enmity;
  • Whether we will honor or dishonor treaties that he claims other countries violate, though no one else shares that view;
  • Whether he has a policy about infrastructure based on his saying things should be built or does not have a policy based on the empty line in his budget;
  • Whether he has conspired with an enemy of the United States, and whether the Special Counsel’s investigation should be shut down because he tells us that he did nothing that should be investigated, and whether it matters that he didn’t give Hillary that privilege.

It makes the head spin.

We’re heading in just a few years to an economy in which most of us won’t have steady jobs, pensions or unions to support us. Instead it’s everyone for himself all the time in the gig economy. Republicans insist that government and regulation are almost always bad. Who’s left to have our interests at heart? Reminds me of pastor Martin Niemöller on being sent to the concentration camps by the Nazis, “Then they came for me—and there was no one left to speak for me.” Is Trump for or against the workers when he says nothing about union rights and supports no change in working conditions other than tariffs for a couple of industries. And is Trump for or against a livable environment when he takes every possible action to degrade the earth, air and water?

We have been at war since 2003 but what do we have to show for it but body bags and amputees. Will Trump send more troops to die in the Middle East, or is he just bluffing to make people back down? But attempted bluffing will be ignored by people across the globe who have all lost confidence in what he tells us because we need only wait a short while for him to say the opposite.

Trump wants the Special Prosecutor, Robert Mueller, to stop investigating whether Trump or his campaign collaborated with the Russians in order to win the White House, or wants to fire Mueller and hire someone else who will close the investigation? Does it matter whether criminal defense lawyers may want their accused clients to have a right to choose their prosecutors and put a time limit on investigations, especially for such difficult prosecutions as those of organized crime, corporate finagling and international financial transactions. Can they cite the president for that right?

It’s enough to make one’s head spin. But there’s a way to simplify it. Forget all the separate issues until we have a president that actually cares about them, and focus on impeachment. Every one of those issues bears on impeachment, either because they relate to obstruction of justice, selling America out, self-dealing in foreign affairs or rewarding his favorite autocrats and wealthy friends at the expense of the people he swore to protect. His high crimes and misdemeanors easily exceed what Clinton was impeached over, threaten more damage to the republic than the misbehavior for which Andrew Johnson was impeached, and for which Richard Nixon resigned before the House could vote on articles of impeachment. Bring all these issues back to the fundamental question of impeachment. Dirty Donald, lock him up.

— This commentary was broadcast on WAMC Northeast Report, March 20, 2018.


The Innocence Project

December 26, 2017

I want to talk about people we are less used to talking about around Christmas.

Several times a year I am guaranteed to have a good cry – whenever I get the latest bulletin from the Innocence Project. Without fail they describe at length someone who spent decades in prison, sometimes on death row, for crimes they did not commit. As a human being I am always heartbroken. As an American who believes that we all have a right to liberty, I am both sick and outraged.

And once freed, what education, training or experience do they have? Did they have a chance to start a family and are any left to warm their hearts? The dislocation of freedom is immense. I’ve met men in prison afraid to come out. Those lost decades freeze the soul as they scar past, present and future. Freedom is precious. It also unravels.

I am outraged because there are too many in this country, too many with the power, to keep people in prison, even execute them, even after it has become clear that they were innocent of the crimes for which they were convicted. Justice O’Connor, bless her heart, saw that as unacceptable, although we didn’t always agree on the facts. But the Supreme Court has not yet found the character or the will to conclude that it is unconstitutional to hold an innocent person once that becomes clear, or to sit tight and deny a hearing once evidence has been found that makes it improbable that the prisoner was guilty. The Court has refused to find a right to DNA evidence when that could prove innocence. And prosecutors repeatedly do everything they can to withhold evidence that could result in justice instead of in conviction. The Supreme Court has even said that there are no penalties for withholding evidence even when it is in clear violation of constitutional obligations.

As an American, it is an understatement to say that is no source of pride. As an attorney and a human being, it is a source of disgust – and fear. A legal process that ignores justice is a threat to us all. The purpose of the Bill of Rights and of the Fourteenth Amendment is to protect us all from the abuse of law to polish the prosecutor’s reputation or prejudices instead of serving the cause of justice. Unfortunately attorneys know that the criminal process is more like a canning factory than an effort to separate the innocent from the guilty, truth from lies, and fairness from abuse.

The ACLU and the CATO Institute, otherwise often on opposite sides, come together in support of truth and accurate decision-making. But when the issue is the rights of people accused of crime or the rights of people who have been imprisoned, too many eyes glaze over, not from tears but indifference. Yet those rights, if and when they are honored, are what differentiate us from a police state where people can be imprisoned because of their politics, their parentage or their refusal to kowtow to the unreasonable demands of authorities. These are part of the central meaning of being an American.

The people whose title is Justice of the United States Supreme Court who vote most consistently to protect the right to life of fetuses are the least likely to protect life in any other context. That is hypocrisy under black robes. The behavior of callous prosecutors and unqualified Supreme Court justices is an American disgrace.

— This commentary was broadcast on WAMC Northeast Report, December 26, 2017.


Sloppy Thinking About Gun Control

November 14, 2017

After the car ran down people in lower Manhattan, I read an article about making streets safer for pedestrians and bicyclists. I’m not sure if I agree or disagree with the author’s suggestions but I want to make a point about arguments for and against. One could say that people with bad intentions will just find other ways to kill lots of people. True or false? Actually it’s completely misleading. How many people with bad intentions will find other ways and how many won’t? How many people will do as much damage to as many people and how many won’t? The statement that some will doesn’t tell you. And the claim that all will is pure nonsense.

In the early 70s, I was a manager of the New York City legal services program, then known as Community Action for Legal Services or CALS. We had twenty-two offices around the city. All of them were in the poorest and most crime-ridden areas of the city. And in those pre-computer days, many of them had IBM Selectric typewriters which made our staff much more efficient but were expensive. Some thieves craved them. In our East New York office there had been a series of burglaries. After each we hardened the office against further break-ins. But those thieves were determined. Unable to get through the doors, they blew a hole through the wall and took the typewriters.

Obviously some thieves will use explosives. Should we have concluded that we might as well remove the locks on the doors of our twenty-one other offices? Plainly no. Nor would I recommend that you remove the locks from the doors of your homes. Nor would I recommend that you take all the shades and drapes down became peeping toms will find a way around them. Thinking about problems without examining how many, and what proportion of people will do how much damage is just sloppy thinking.

The NRA tells us that bad people will get guns. That statement is neither right nor wrong. If they mean some bad people will get guns no matter what we do, that is clearly true. But if they mean that whatever measures we take will not reduce the number of bad people who can get powerful weapons, that is clearly false. And they can’t tell us anything realistic about the proportions because they convinced Congress to block research into the effect of possible regulation of weapons. So they make sloppy statements hoping you’ll be taken in.

The Founders of our country were not so sloppy and they did lots to regulate guns – the most significant of which was to prohibit people from keeping ammunition in their homes. Ammunition exploded and caused fires so it had to be kept in public armories. Regulation mattered and they knew it.

So when people try to tell you what regulation will or won’t do, don’t let them pull the wool over your eyes with sloppy nonsense. Some regulations work better than others. That’s a valuable subject of research and study, not an occasion for sloppy all-or-nothing claims.

— This commentary was broadcast on WAMC Northeast Report, Nov. 14, 2017.

 

 


Chemicals, Infertility and Morals

March 27, 2017

You’ll be subjected to rolling commentary on innumerable aspects of the Gorsuch hearings. I prefer, as I often do, to address deeper aspects of our competing value systems that underlie the surface of our political battles. One is the human impact of our treatment of planet earth.

Human behavior is injuring our environment. But nature has ways of winning the battle. It turns out that our fertility is as fragile as the eagles’ before DDT was banned, that endocrine disruptors and other environmental toxins are damaging our ability to reproduce – they’re in our kitchens, pesticides and other purchases.[1] That can be a powerful counterattack against the human activity that is warming the globe. If we become infertile and our population plummets, America will become a sad, lonely, vulnerable place, and, quite likely, conquered by any healthier peoples left.

Nevertheless, I’m sick of making consequential arguments, to tell people that if we don’t do this or that, bad things will happen. I think the arguments I’ve been making are air tight. But the science floats over people’s heads. A women, well-enough educated to know better, told me that she chose not to think about the environment because it was too big to deal with. Her comment made clear to me that reason doesn’t reach nearly enough people. Science won’t solve anything unless we accept and act on it.

So let’s address the moral issue. No one, no business, no company or corporation has the right to put toxins in the environment, chemicals that can make it impossible for people to reproduce or kill or maim those of us alive, or make us produce deformed and handicapped children – no one and no company has that right. And they don’t have the right to change the subject, throw smoke in our eyes, saying something else is the problem when they aren’t bothering to check. We’ve had enough lies. This is not a football game where deception is a winning strategy. In human life, deception is sinful, immoral, totally unacceptable. Taking risks with other people’s lives and making excuses for it is criminal.

If there is an economic problem, then, as many labor leaders have suggested for decades, let’s share the work, or create other jobs that don’t do damage – jobs aren’t an excuse for hurting people. Hurting people isn’t a job; it’s a crime. People aren’t entitled to work at criminal enterprises.

The Cabinet and the President and the Members of Congress and the state and local governments aren’t entitled to commit the crime of murder by poisoning the environment. Pro-lifers and liberals should be united on the environmental front given the enormity of the killing, of adults, children, fetuses and sperm. We’ve all seen multiple films with populations at risk and the starship or other craft working hard to prevent destruction of civilizations. The authors of those stories were trying to portray the immorality of destroying civilizations, and they were warning us of the likelihood that we would face that problem.

How many of us are moral enough to deal with this issue? Isn’t it criminal to support the rape of the air, land, food and water that give us life? Isn’t it criminal to carelessly poo-poo the dangers? How many of our corporate and elected officials are criminals?

Those with so little respect for the lives of fellow human beings must repent, stop and stop those who do, immediately and completely.

— This commentary was broadcast on WAMC Northeast Report, March 21, 2017.

[1] https://www.nytimes.com/2017/03/11/opinion/sunday/are-your-sperm-in-trouble.html.


Trump’s Audience

August 23, 2016

Behind Trump’s remarks and his imperviousness to criticism is the audience he’s after.

Trump charges that this election is rigged because his audience doesn’t like who can vote. One can respond that elections have been rigged by the Court since it stopped the count in Florida to make Bush president, but that misses Trump’s and his audience’s objection. The Court has unleashed the full contents of corporate treasuries, tightened the screws on union finances, encouraged states to exclude African-Americans from the voting booths and supported gerrymandering so that Republican controlled legislatures could rig elections against Democrats. Those decisions rigged the election in Trump’s favor. But for his audience, rigging the election means including what some still call Fourteenth Amendment citizens. They object that the first sentence of the Fourteenth Amendment makes everyone born here citizens, especially Blacks and browns.

Trump’s inconsistency on foreign policy is also because of the audience he wants. While claiming Democrats are weak on foreign threats, Trump also wants to withdraw from NATO which has held the Russians at bay for over half a century. And he has told us that he would consider not coming to the aid of an attacked NATO member. Never mind speculating whether he’s a wimp, a loudmouth, or a Russian agent. The important question is who’s his audience and why? Actually extremists have imagined international conspiracies that only they can believe in. Trump clearly wants their support. That leaves the rest of us wondering whether they would be center stage if he won. Making international conspiracies the number one villain helps explain Trump’s admiration for Vladimir Putin, and his invitation to Russia to hack into the computers used by a Secretary of State. One points out in vain that’s an invitation to foreign espionage. Trump got his message across; he’s with the fringe, the conspiracy theorists, and the people with lots of hate.

Then there’s Trump’s comment that Second Amendment people might have a way of dealing with Hilary and her judicial nominees if she is elected. When questioned about those remarks Trump responded that he was just kidding. Besides, he said maybe. No advocacy there. He wasn’t trying to get anyone killed. But why did he do that?

Politicians have reasons for what they say. He was seeking support from precisely those people who could imagine using guns that way. Surely some would just like to have violent dreams. But some are more likely to act on dreams like that when encouraged by people like Trump, and will understand his words as a call to violent action, action that undermines democratic self government.

Beyond whether Trump should be expected to talk like a responsible adult, is the question whether we have the responsibility, whatever our politics, not to enjoy such language, responsibility not to reward it, but to stand tall for the real America, the America that claims to believe in law and order and in self government that celebrates our ability to disagree without threats, assaults and murder.

Trump makes statements like that because he has an audience for it. If most of that audience has the maturity and the loyalty it claims, it must be prepared to turn against candidates who misuse it. Supporters of gun rights must believe that gun owners have an obligation to act and speak responsibly and to keep political and racial hatreds away from trigger fingers.

— This commentary was broadcast on WAMC Northeast Report, August 21, 2016.

 


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