Testing Republican Loyalty on the Route to Dictatorship

June 22, 2020

My heart wants to talk about the momentous things happening in our country but the disloyalty of this president is too frightening to talk about anything else.

He keeps firing people who’re trying to follow the law. He’s stripping government of the people who protected us from disease, poison and catastrophe, from dangerous workplaces and frauds, leaving most of us with little ability to protect ourselves. We’re out of work, out of money and have lost control of many boards of elections. When does it become too much?

He’s allied himself with the most extreme racists, people who’ve little compunction at brandishing, intimidating, threatening the rest of us with their weapons. Who’s safe then?

FBI records have made it clear that the – I refuse to use the name they call themselves – but the alt-sickos he praises and incites are the same ones who have been responsible for the vast majority of domestic terrorism in this country. Some of you may be too young to remember Timothy McVeigh who carried out the Oklahoma City bombing that killed and injured nearly a thousand people including 19 children in a day care center. He came from the same sewer of hate. The alt-screwed up wing that Trump insists on encouraging has been the source of the mass shooters that have caused so much grief. They’ve united law-breakers with political enmity. The combination is deadly. Do we need more proof?

Encouraging violence, creating chaos and then posing as the savior is a path tyrants have followed all over the world to take power, and, gaining power, turned their followers loose on the population until everyone bows in feigned allegiance to avoid their own and their family’s arrest, rape and murder.

The other major path is to gain control of the military. Trump has been firing everyone inquiring into his misbehavior. He’s fired much of the top brass of the military for daring to say that the military must stay out of politics or otherwise stand up to him.

How far is Dangerous Donald trying to go? And what will happen to us if he gets what he wants?

If this president attempts to take over by force, who will stand in his way? Will the Senate be loyal to Trump or to America and the rule of law and democracy? Will the Army be loyal to Trump or to America, the rule of law and democracy now that he has been stripping responsible military leaders of their stripes? Will there be anyone left to say no and lead the troops against a presidential putsch? Is it too late for the Court now that they have authorized massive stripping of voters from the records? Will we stop this slide into tyranny before it’s too late?

To allow this President to take over the reins of power he believes are his, will erase all efforts to make this a more decent country. This is a real test of the loyalty of Republican Senators – to Mr. Trump, or to the Constitution that so many Republicans have so loudly proclaimed as if they alone obey it. Are they loyal to the law and its superiority over everyone, high and low, or are they devoted instead to the notion of impunity, that some people can do any damage they choose to other people, to our government and to America itself without facing justice. Frankly, I am guessing that we are going to see immense disloyalty to America and failure to insist that the president has an obligation to our country and not just to his own ambitions. If you could read the records of the Founders of our country, you would quickly discover that Trump is the man they were afraid of.

There is no second chance. Republicans must show their courage now or survive only in infamy.

— This commentary was scheduled for broadcast on WAMC Northeast Report, on June 23, 2020.


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

 


Cops, Blacks, Presidents and Stereotypes

June 2, 2020

After practicing law, it’s hard to stick to stereotypes about people, whether the police, the looters, whites, presidents or anyone else. Lawyers see the best and the worst, Mother Teresa and Jack the Ripper. The good and bad aren’t predictable.

We have lots of stereotypes about African-Americans. I’ve worked in and for the Black community but I’ve never met the stereotype. Instead I’ve gotten to know a lot of wonderful people at all levels of American society.

Police? Actually I think the police are like rest of us in all other walks of life, comprised of everyone from the best to the worst. We stereotype the police. Since they’re brave, we stereotype them all as good people. Americans don’t like to call people they despise brave, but if risking death is brave, the cops share that honor with lots of the people they pursue – gangsters, gang members and terrorists. So it’s pretty obvious that I don’t see the connection between bravery and decency. There are police who heroically track down dangerous people and rescue the innocent. But there are other police convicted of everything from fraud to the murder of women and children as well as unarmed and peaceful African-Americans.

Presidents? It had to happen that we would have one who’d try to preserve his power against the wishes of the American people. He fans the flames and encourages chaos so that he can gather the military and pretend to put out fires that he fanned, using the military against domestic dissent. He stripped many of the finest military men from command to quote “work” in his White House, and when they discovered they could not behave intelligently and patriotically they resigned. Monkeying with military leadership is dangerous. And Trump is using his die-hard armed supporters with their “Second Amendment rights” as Storm Troopers in disguise. It couldn’t be clearer that he wants to become dictator. That’s the route they take – encourage violence, create chaos and then pose as the savior.

The men who created our country knew that power corrupts. They made no assumptions but tried to create checks and balances to counter against the certainty that it would happen. They didn’t figure out how to control the Senate before it made a mockery of the impeachment process. Yes, he’s guilty of lying and a cover-up, but no matter, that’s not serious enough. Is abandoning world leadership to the Russians and Chinese disloyal enough? Is a daily string of lying to the American people and making up fake quote “facts” serious enough? Is threatening insurrection with what he refers to as “Second Amendment rights” serious enough? Is there a Second Amendment right to storm state houses and threaten governors with their weapons? Is that serious enough? Is trying to poison Americans with fake so-called “cures” serious enough? Is the slaughter of a hundred thousand Americans because he dithered in dealing with disease serious enough?

Yes, along with decent and heroic officers, there are some who are intoxicated by the power of their weapons, corrupted by their stereotypes of African-Americans, and protected by a culture of silence and solidarity. But their faults are encouraged by a pretender in the White House for whom nothing is too much to keep him in power.


Trump Misuse of the Pandemic

May 26, 2020

I wanted to talk about something else; the health crisis is so serious and depressing. But it’s so serious because Trump has been unwilling to be part of the solution. He tries to double down, deny the science, ignore the tragedy and let everyone who’s not a Trump supporter sink into bankruptcy or perish, while Trump and his buddies play golf, and the people he put in charge of federal agencies use the pandemic as a smokescreen behind which to destroy all the agencies and the states and the services they provide – from schools to fire, police, safety regulation and health services.

What kind of people we are is reflected in how we handle a crisis. Do we let those most in need perish while funneling everything to those least in need? Or do we protect those who need it most?

Do we protect public schools for everyone or do we make them a pay-as-you-go enterprise that only the wealthy can afford?

I’m sick of watching the Trump Administration use this crisis to double down on paying the rich and starving the public, supporting private schools and starving public ones, paying large corporations and starving mom and pop businesses.

This has been the Republican playbook – first empty public coffers with tax breaks for their friends so it looks like the federal government has to starve all the programs that serve the people – from Social Security to public health and public education.

The Trump Administration was asleep at the wheel and let the virus explode until they could claim the only way to save American workers from economic disaster is by opening up, further fanning the virus and watching workers die from the epidemic, without Trump’s loudly proclaimed but non-existent health care.

Every Senator who voted to acquit the Thief-in-Chief should be thrown out of office as traitors to America. And yes, the House should do it again, tie up this corrupt Administration on charges of:

  • Lying to the American people about the seriousness of the virus
  • Incompetence in stopping the pandemic while it was still manageable
  • Incompetence in leaving the states to deal with it while parading around like Vladimir Putin showing off his golf game even as people died on ventilators
  • Stealing from the people and letting schools, states and cities go bankrupt while profiting his rich friends

Yes, lying, stealing and incompetence are impeachable offenses, were intended to be impeachable offenses and Trump is clearly guilty.

It’s time to expose Trump and his buddies as crooks stealing the people’s money for themselves and their friends.

It’s time for Democrats to play the Tea Party’s game – no holds barred refusal to compromise until this guy is outta there. Two can play the Tea Party game and we need to do it for the people.

— This commentary was scheduled for broadcast on WAMC Northeast Report, on May 26, 2020.


The System Subverts Our Values

May 4, 2020

This virus has been bringing out how much we depend on each other, rich and poor, black and white, men and women, immigrant and native. We used to talk about brotherhood and I’ve never found a good substitute for the vision of mutual concern and respect that people in my generation meant by brotherhood. Now two people who shouldn’t be named claim that Blue states don’t deserve help though we do a lot for the rest of the country, through our taxes, the business we generate and by repeatedly jumping to the aid of people all over this country when they suffer from natural disasters. What they’re really saying is that they feel no responsibility for those among us who need help, especially if they don’t have the skin color and ancestry that they honor.

I want to expand on how bad that is. When Mayor Sheehan was campaigning for her first term, I asked her about what the City could do for its poor. She pointed out that the City’s tax base was largely from property taxes. That meant that mayors inevitably had to focus on property values. She didn’t use the term but the implication was that Albany had to gentrify regardless of need and regardless of our values as human beings. Property taxes fund the schools and just about everything else the city does. So mayors have to function like developers.

It goes further. Suburbia contributes to the problems. Separately incorporated suburbs have no legal responsibility for city services. People there still work in the City, benefit from it, hire its workers, use all of the goods and services that are attracted to the area because of the City population. But they don’t share the legal responsibility.

The way this country has organized its laws is that only the federal government has responsibility for everyone in every part of the country and in communities at every level of the income scale and regardless of where its residents came from. When the federal government caters to the selfish instincts of those who are unwilling to help anyone else or who are only willing to help people who look like them and come from the same parts of the world, disaster is the result. You know the song:

Once I built a railroad, I made it run

Made it race against time

Once I built a railroad, now it’s done

Brother, can you spare a dime?

Just about everyone recorded it. But apparently America still has trouble sparing a dime for the people who built it and make it run. We’ve built that into the tax system and still it isn’t good enough for people who don’t want to accept responsibility for fellow Americans. On top of all the advantages they’ve given themselves they still cry about the crumbs that might fall off their tables because they might go to Blue states.

The unnamable man in the White House, the Majority Leader of the Senate and their enablers are doubling down on all the bastions of indecency they’ve already built into American law. But though they don’t understand it – and they don’t understand much – they will be bitten by the snake they’ve let loose because when the virus is free in any of the states, the people they cherish in Red states will end up in the hospital, the morgue and the graveyard. Pandemics don’t stop at political borders. We all suffer when we refuse to take care of each other.

— This commentary was scheduled for broadcast on WAMC Northeast Report, on May 5, 2020.


Trump’s Malfeasance Goes Viral

April 20, 2020

I read the Times’ description of the Administration’s snafus through my tears because every snafu meant a large number of unnecessary deaths.

Warnings reached America in early January from Trump’s appointees, but he didn’t trust them. Warnings came from people who dedicated their lives to protecting the rest of us, who’d become experts and never gave a fig for what they could earn in private industry, because they were dedicated to protecting us, dedicated to the God’s honest truth, not to anyone’s political fortunes. So Trump labeled them the “deep state” and ignored them too.

Public health works by moving fast to contain and avoid disasters. It took a month for him to stop some travel from China. Then he took a victory lap while the virus spread. People kept trying to alert him, but he waited because it wouldn’t make his economic messaging look good. How many people had to lay down their lives for his political messaging?

National security, medical and public health experts, people in contact with doctors in China and elsewhere, watched the virus explode and kept urging action. But still he dallied, telling everyone this would blow over. God must have decided America needed some humility, so he sent us an idiot for a president.

Delay made everything harder and costlier. Sheltering in place got harder and longer because of how far the virus had been allowed to spread. Many have already died. Many couldn’t shelter in place – doctors, nurses and everyone who makes hospitals function; and others who do critically important jobs, as aides in nursing homes, people stocking grocery shelves, making deliveries or picking up garbage – all take risks daily. The poor are not in position to survive lengthy periods of unemployment. And they’ll be the first to die when his majesty decides we should go back to our places of work and play. He’s eliminated any good choices for the great mass of Americans. Working or staying home, many will die or lose their jobs and starve. Time and delay matter. Late steps don’t erase earlier failures – they leave us chasing an ever bigger problem.

The people most at risk are the very people he doesn’t want to help. Billions for corporate welfare but pennies for the poor. He’s turning on the mass of Americans, including many who thought he’d change things in their favor. Apparently, we’re all socialists now – Trump and Republicans are socialists for the rich, doing everything government can do for them, while Biden, Sanders, Warren and the Democrats are trying to provide for the rest of us, for those who need the help.

After 9/11, I explained to a Republican congressman that his rural constituents also suffered from the attack because friends and family had found jobs in the big city. The congressman’s response to me was “I didn’t think of that.” Pandemics are different. They spread; they don’t stop at state or community lines.

The Constitution doesn’t stop us from electing fools and misanthropes. It will always be up to us. I could say “God help us,” but God, for whatever reason, leaves it to us to help ourselves. This has been hard to write. It may have been hard to hear. But the best thing Trump could do for America is to resign.

— This commentary was scheduled for broadcast by WAMC Northeast Report, on April 21, 2020.


What is Mr. Trump Accomplishing?

April 6, 2020

Trump insists on painting a rosy picture. He’s great. He’s solved every problem. We were the first to stop people coming from China. We have great tests. And medical professionals have all they need.  Things are so good that America will be going to church for Easter. And it would be a shame not to have sports to watch.

That’s a happy picture. The risk is that people will abandon fears and get together without worrying about social distance or washing their hands, avoiding groups or contact. Cabin fever isn’t fun. It takes character to stay at home and find ways of getting needed supplies without going into grocery and drug stores and other places that have what we might need.

When I have to leave my home in Albany, I see friends staying six feet apart, chatting, obviously enjoying each other, but without ever getting close. People give me a wide berth or I give them one. Yes, occasionally a friend or neighbor and I will talk across the lawn, hedge, or drive, but we stay much further apart than we ever would were it not for the virus. And by the way my neighbors are angels, offering to shop for us, given that the difference in our ages means they are probably less vulnerable to the virus than we are. For the most part, we’ve found ways of getting what we need without exposing ourselves to the virus. And I also want our neighbors to be able to do the same and avoid any place where they could pick it up.

We check with folks in New York City. They tell us that people there also give each other a wide berth when they need to leave the house. Some are lucky enough to have a yard, balcony or somewhere they and their families can get fresh air and stretch their legs without contact with others, risking their health or becoming carriers for anyone else. But otherwise, there too, they’re staying home. And yes, the kids can’t go to school and everyone’s working from home.

So thanks to Governor Cuomo for making clear what needs to happen and laying down rules to see that it does. We have our differences on some issues but he is doing his level best to take care of New Yorkers. It’s not about how great he is and how he’s thwarted the virus, but about what we all need to do.

Not Trump. At least until recently, he didn’t bother to keep a social distance in his daily prime-time campaign appearances. He boasted about his good health and how he didn’t need to follow the rules. And he doesn’t fret about the people who will follow his example.

So the question is whether it will make a difference? It could make a big one. His loyal followers could suffer the virus disproportionately. That will give the virus a second life wherever people ignored the rules, and then contact will bring it back all over the country. This time we won’t have the Chinese to blame. He’s turned the Governor down on respirators, refusing to accept the professionals’ understanding that the way to fight this disease is to kill it wherever it is, before it spreads and gets to the rest of us. Is he trying to play politics with who is vulnerable to the illness? Or is he leading his own supporters along with the rest of us into the hell of coronavirus pneumonia?

I realize that the president, and some representatives, do not want to recognize that where health is concerned, we are all in this together and no one is an island. But nature will make it clear. We have to help each other or perish together.

— This commentary was scheduled for broadcast by WAMC Northeast Report, on April 7, 2020.


Paying for the Virus

March 31, 2020

In his discussion of the financial consequences of the pandemic to New York, Gov. Cuomo has not mentioned that New York isn’t permitted to borrow the money it needs. The reason is a New York State constitutional prohibition. Many states prohibit borrowing except for capital expenses. When states were permitted to borrow for current expenses, they ran up large debts and the practice needed to be stopped. So, many state constitutions barred the practice. New York requires a law to be submitted to the voters for specific purposes. The Governor does not have the time to satisfy New York’s constitutional rules. For the moment, he’s stuck.

The same prohibition does not apply to the federal government. Economists understand that fiscal stimulus is an important tool for dealing with economic downturns. But clearly the feds have misused it, giving large tax cuts to the wealthiest people and corporations, cuts not used in any way to stimulate the economy but that did significantly increase the national debt. That was the kind of misbehavior that led states to take the power away.

This, however, is an example of a time where deficit spending is completely appropriate. Dealing with the virus is expensive. The feds have provided some relief though politics has affected who got what. But there is an additional problem – with a large part of the workforce ordered to stay home and businesses shuttered, there is a very large downturn in tax payments flowing to government. The federal government can borrow to fill that gap and it can provide relief to the states. But most states can’t help themselves. The result, as usual, is that this becomes another way for Republicans to force everyone to cut what they spend on services – in this case, because the big budget item is education, the feds are forcing states like New York to cut funding on schools. Whoopie – isn’t that great planning for the future.

The Federal Reserve is trying to stimulate the economy but chairman Powell has been very clear that the Fed cannot solve our problems because the financial system is not the main problem, not even close. There are supply side, demand side and income problems. The Federal Reserve’s tools provide little help on the income side. It’s a little too simple to say that the Federal Reserve has no fiscal powers because it can lend to the federal government, but it can’t force the federal government to borrow, or to put that in its budget. So unless Congress and the Administration decide that there is a need to help the states meet the costs of running their school systems and other necessary services, the states are stuck doing what Republicans always want them to do – cut their services to the people. If they do that, then rich folk won’t have to bribe their kids ways into college because only the rich will have kids sufficiently educated to go to college, and all the disparities in America will get even bigger.

Grabbing all the goodies for fewer and fewer people seems to be the dream of those who finance Republican campaigns, but I can’t see why any of the rest of us would accept it – unless Trump pulls the wool so far over people’s eyes that the people don’t understand that he and his Republican friends are using the epidemic to make most of us even worse off than we were before.

This commentary was scheduled for broadcast by WAMC Northeast Report, on March 31, 2020.


Trump’s negligence in the coronavirus epidemic

March 10, 2020

Presidents are obligated to “take Care that the Laws be faithfully executed.” They are supposed to manage, administer and appoint people to carry out the tasks of government. Trump interprets that as his right to fire experts and replace them with yes-men devoted only to him. He’s reinstated the long disgraced spoils system in an era when everything is much more difficult and complex.

General and then President Ulysses Grant advocated and signed a merit system for federal employees when he was president in 1871. The federal Civil Service system was finally passed and reestablished under President Chester Arthur in 1883. It was designed to make sure that we have people competent to the tasks in front of them.

Trump is not a doctor or a scientific researcher. The medicine and science of protecting us from disease are the jobs of experts at the Center for Disease Control. As we would not ask our neighbor to diagnose and cure appendicitis or cancer, so we should have and listen to the experts at the CDC. But Trump muzzled and contradicted its experts, drastically cut CDC funding by three-quarters of a billion dollars, cut programs designed to prevent epidemics, and eliminated an office designed to deal with global pandemics, only to discover that we are in the middle of an emergency and try to restore some of the money when it’s already too late.

Unfortunately his handling of the coronavirus epidemic is evidence of Trump’s incompetence. It is also a disaster. Lots of people will die. Some people may think they are wealthy and immune and may survive. But as John Donne told us:

No man is an island entire of itself …

any man’s death diminishes me,

because I am involved in mankind.

And therefore never send to know for whom

the bell tolls; it tolls for thee.

Minimum wage workers with minimal or no health insurance won’t get adequate medical care in time to protect the community. But their illness diminishes all of us. They are our food service workers; staff our groceries and drug stores; care for our parents in nursing homes and take care of our children in schools and day care; and do many of the other chores we daily depend on. In an epidemic everyone matters but who will take care of them? It horrified many of us that Trump ignored the hurricane damage to Puerto Rico. But there aren’t 1,000 miles of water between people infected with corona virus and the rest of us.

Neither Trump nor anyone else should be allowed to cut the budgets and eliminate the people who protect our health, try to blame them and their departments for failing to protect us, and then try to show how devoted they are to us by rushing to add dollars back after trouble has already broken out. It’s too late, too foolish, too demoralizing and too sickening. The time, damage and lives lost to incompetence cannot be restored.

— This commentary was scheduled for broadcast by WAMC Northeast Report, on March 10, 2020.


Kangaroo Court for Whitewash

January 27, 2020

Republicans charge Democrats with trying to impeach Trump since the day he took office, never mentioning that Trump announced his intention to violate the Constitution’s prohibition on foreign corrupt influence, the emoluments clause, from day one. Democrats were apparently supposed to do their patriotic duty by lying down and rolling over. Now we’re involved in a trial of exactly what the clause prohibited – foreign corrupt influence, that affected our handling of national defense, and may have affected much more. Foreign corrupt influence is serious.

Unfortunately, the impeachment process as now planned looks like a kangaroo court. No witnesses, no cross-examination, no documents, no evidence. Only McConnell could get away with allowing president Trump, the defendant, to decide how he’s to be tried and who can testify – not based on rules of evidence but whatever the defendant wants to happen. No one, of course, would ever be convicted of anything if defendants could control whether anyone can testify, and, if so, who.

Evidence is admissible if it’s relevant unless barred by the Constitution, law or statutorily authorized Supreme Court rules. Evidence is relevant if “it make[s] a fact more or less probable than it would be without the evidence” and “the fact is of consequence in determining the action.” The Chief Justice, presiding, could rule on admitting evidence according to law. The existing process makes him into window dressing. McConnell, who organized this process, gets my vote for kangaroo-in-chief.

Republicans, following Trump’s lead, claim everything they dislike is fake news. They’ve denied so much so often that one can’t tell when they’re crying wolf. But, if there is a wolf, his den is at Mar-o-Lago.

The believability of testimony is enhanced by statutes which make it a crime to lie to Congress. Absent that, why believe anything Trump’s lackeys say, especially those who can hide behind the congressional privilege not to be tried for anything they say in Congress?

What I’ve been hearing instead of any responsible defense are attacks on impeachment, attacks on Democrats for turning to impeachment, attacks on the use of circumstantial evidence and a cauldron of invectives that one can fearlessly sling around as opinion. Republicans claim everything Democrats say is political. That garbage is reversible. If we focus only on motive, then everyone is guilty and all we get is cynicism. But there are facts – testimony, documents, science, records. Republicans respond by attacking the evidence as circumstantial, though circumstantial evidence is often more reliable than words that can be continually refashioned. And Republicans attack the absence of magic words about quid pro quo from the president’s mouth because no one that the President or the Senate Republicans would allow to testify heard the president use the magic quid pro quo words, and they barred those who heard him from testifying because Republicans don’t want those words on the record.

But that makes a mockery of the Constitution and the several clauses relating to impeachment, clauses the Founding Fathers took so seriously that they wrote five different impeachment clauses into the Constitution. Responding to serious and substantial allegations that call into question the loyalty of the president by attacking the Constitution’s prohibitions and remedies makes a mockery of the obligations of every officer of the U.S. Government, from the President down. It makes crying wolf and lying to everyone, into constitutionally protected misconduct. Thanks for the civics lesson, Mr. McConnell.

— This commentary was scheduled for broadcast on WAMC Northeast Report, January 28, 2020, but since the impeachment proceedings have preempted air time, it’s not clear at this moment when it may have been aired.


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