rule of law

Gaming Out the Election


Reading time – 5:25  .  .  .

Friend Mel passed along a link to a USA Today article which reported an exercise that was conducted by both red and blue pundits who gamed out the upcoming election. The report said:

“After gaming out various scenarios, the group said its conclusions were ‘alarming:’ In an election taking place amid a pandemic, a recession and rising political polarization, the group found a substantial risk of legal battles, a contested outcome, violent street clashes and even a constitutional impasse.”

Click through and read the frightening essay after reading this post. It is guaranteed to keep you awake at night. On the other hand, it’s highly likely that nothing in the essay will surprise you.

With any luck, Biden’s team is gaming this out for themselves and is prepared both to defend against Trump’s anticipated outrageous malfeasance and to go on offense to protect the election and the nation.

Trump knows no boundaries, so expect more strategy-free actions to promote himself, like sudden and complete U.S. withdrawal from Afghanistan with absolutely no plan for or consideration of consequences. He would do that just so that he can claim a bigly win right before the election. That’s the kind of thing that has to be gamed out by Biden’s team, because Trump would do even worse. That’s especially important in light of the 20th anniversary of Bush v. Gore. There’s a history lesson from that mess of an election that applies to today.

The question was what to do with the very problematic intermediate Florida election results, a decision that would determine the winner of the presidential election. Have a look at this piece of the dissent to the 5-4 Supreme Court decision in favor of Bush:

“What must underlie petitioners’ entire federal assault on the Florida election procedures is an unstated lack of confidence in the impartiality and capacity of the state judges who would make the critical decisions if the vote count were to proceed. Otherwise, their position is wholly without merit. The endorsement of that position by the majority of this Court can only lend credence to the most cynical appraisal of the work of judges throughout the land. It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Time will one day heal the wound to that confidence that will be inflicted by today’s decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year’s Presidential election, the identity of the loser is perfectly clear. It is the Nation’s confidence in the judge as an impartial guardian of the rule of law. [emphasis mine]”

That was written by Justice John Paul Stevens, with Justices Breyer and Ginsburg concurring.

They were right. Confidence in the judiciary in general has fallen precipitously since that decision. Confidence in the Supreme Court itself dropped 15% following the Citizens United debacle in 2010. That was predicted by Justice Stevens in his blistering dissent and no amount of Justice Scalia’s arrogant certitude could stop the loss of respect for the Supreme Court. Making things worse, Trump has delivered a regular drum beat of infantile tantrums attacking the courts when he doesn’t get his way, further undermining confidence in our judiciary.*

The point of inserting the Bush v. Gore reference is concern about public acceptance of any judicial decision affecting our upcoming election. Indeed, Bush v. Gore was an enormous trust killer for millions of Americans. By extension, it raises concerns for our 2020 election if a judicial decision goes against what Trump supporters want. Indeed, in 2016 Trump predicted violence in the streets if he were to lose the Republican nomination, almost giving permission to his supporters to be destructive.

Bear in mind that he has been undermining the judiciary and stoking violence since 2015. He announced that he would pay the legal fees for supporters at his rallies who physically attack protesters. He told us there were “good people on both sides” in Charlottesville, even as one side was threatening violence. And he had his goons attack Black Lives Matter protesters in 7 cities. Clearly, he encourages violence.

The point is that those dissenting justices in the Bush v. Gore case were right. Judicial decisions that are adverse to Trump are almost certain to be disrespected and rejected by his supporters. That’s driven in large measure because of the loss of confidence in our courts and the disrespect for our system of justice that has been building for years. Trump has orchestrated the worsening of this, fanning the flames of anger and violence.

Speaking to the despair, anger and self-hatred in America, Anne Applebaum wrote in her new book, Twilight of Democracy, quoting Donald Trump:

“You know what solves [this]? When the economy crashes, when the country goes to total hell and everything is a disaster. Then you’ll have  .  .  .  riots to go back to where we used to be when we were great.”

And here we are with a crashed economy and so much is a mess, a disaster even, while at the same time respect for our institutions, including the judiciary and the rule of law, is at such a low ebb. Note, too, how frighteningly close Trump’s prediction of violence is to that of the folks who recently gamed out our upcoming election (see above).

We aren’t just in strange times; we are in times that may transform into physically perilous times. Whatever firmament we used to have has become a leaky boat in a hurricane.

Back to Bush v. Gore for a moment:

In a later full counting of all votes cast in that election as tracked down by numerous investigative reporters Gore won Florida by 537 votes. But Chief Justice Rehnquist had announced the Supreme Court’s decision to stop the counting of votes in Florida, which gave the state and the presidency to Bush. It is accurately said that elections have consequences. So do judicial decisions.

That Gore wasn’t sworn in as president brought us 9/11 (Bush ignored multiple warnings of an imminent attack); two continuing, fraudulently crafted wars (justified by lies too numerous to list); Bush’s refusal to capture Osama bin Laden at Tora Bora, which led to the invasion of Afghanistan and an episodic backward march of the goal posts; the effectively homicidal Katrina response; the financial meltdown of 2008; a decimated State Department and alienated allies; and the grossly expanded national debt through starting two wars and cutting taxes at the same time. All of that and more hinged on a judicial decision.

The conservative Supreme Court justices got their way in the Bush v. Gore case. They also got their way in disemboweling the Voting Rights Act and by supporting states’ actions to create massive voter suppression. Those decisions, complemented by Citizens United and other decisions harmful to We the People undermined confidence in the rule of law. And for the past four years that’s been joined by Trump’s cheating, lying, stoking violence and hatred and even insurrection.

All of that is why it’s so important that Biden’s team is gaming out everything so that they are ready.

We can’t change public trust in the judiciary in just the next 75 days, so there is literally only one way to ensure we protect against further deterioration of our democracy and create a hedge against violence in our streets:

We must vote to create an overwhelming defeat of Donald Trump in November.

If you doubt that, just recall the mobs of angry people who stormed the Michigan and Ohio state houses in May. Many were carrying guns. Many were brandishing semi-automatic weapons. The threat of violence if they didn’t get their way couldn’t have been clearer. And those demonstrations were just to protest efforts to stop Covid-19. In the absence of an overwhelming defeat of Trump in November, what do you think those people and others similarly inclined will do?

The pundits reported in the USA Today piece were gaming out the upcoming election. But this is no game. This is life and death for people in our streets and for our democracy itself.

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Covid Corner 1-2-3

1. From STAT, reporting on seemingly random distribution of face masks by the Trump administration:

“A 140-student charter school in Florida received 37,500 masks [from the Trump administration], for instance. A beekeeping company got 500 masks as an “emergency services” provider, and despite reports of Covid-19 cases in hundreds of facilities, few poultry producers received any masks. ‘If you can’t find a method to the madness a few months later, it may mean it’s all madness,’ Juliette Kayyem, a former Obama administration-era homeland security official tells STAT. “Where did those masks actually go?” Read more here.”

2. Be sure to print last Wednesday’s post; then cut out and tape the face mask graphic to your refrigerator and front door, per instructions.

And check out this from “STAT.” It’s a confirmation and update of what you learned from your Required Reading about the spread of the pandemic in the July 15 post.

3. Headlines of the Week

Dumb story:

‘This is no longer a debate’: Florida sheriff bans deputies, visitors from wearing masks

Tragic Story:

Finally,

Admiral (Ret.) William McRaven was the top guy of our Navy Seals and the head of all of our Special Operations Forces worldwide when they captured Saddam Hussein and Osama Bin Laden and when they rescued Captain Phillips. He is a greatly decorated veteran and scoffs at the title “hero;” nevertheless, that’s what you’ll call him when you read his book, Sea Stories. Better yet, get the audio book and listen to him tell his stories in his own voice.

Further, click here to take in his commencement address at the University of Texas (Austin) in 2014. Then go make your bed. You’ll understand that last after you watch his 19 minute video.

Most important for right now, read Admiral McRaven’s essay in The Washington Post regarding our upcoming election. He gets this right.

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* From the apolitical University of Denver Institute for the Advancement of the American Legal System (IAALS) blog last September:

James Lyons, a longtime lawyer and one-time diplomat, offers the view that President Trump’s attacks on our judges and the rule of law undermine the legitimacy of the legal system in unprecedented ways.

Here’s a link to Lyons’ paper, “Trump and the Attack on the Rule of Law.”

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Ed. note: We need to spread the word so that we make a critical difference, so

  1. Pass this along to three people, encouraging them to subscribe (IT’S A FREEBIE!).
  2. Engage in the Comments section below to help us all to be better informed.

Thanks!

The Fine Print:

  1. Writings quoted or linked from my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings, so don’t bug me about it.
  2. Sometimes I change my opinions because I’ve learned more about an issue. So, educate me. That’s what the Comments section is for.
  3. Errors in fact, grammar, spelling and punctuation are all embarrassingly mine. Glad to have your corrections.
  4. Responsibility for the content of these posts is unequivocally, totally, unavoidably mine.

JA


Copyright 2022 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Eulogy


*  *  *  BREAKING NEWS  *  *  *

 

The Senate of the United States has officially declared the Rule of Law to be dead. The declaration of death was ensured by an almost perfect party line vote.* The Secretary of the Senate has recorded the death certificate into the formal Senate historical record so that future generations will know the truth of what was done in order to help them to understand what caused their dire circumstances.

Mourners noted that the succumbing of the Rule of Law to the terminal illness of cowardice had long been predicted because of the absence of what should have been protecting it. Many had suspected rigor mortis at the upper levels of government for quite some time.

In an impressive impersonation of a potted plant, Chief Justice John Roberts presided over the impeachment trial of Donald Trump, where the final battle for the Rule of Law took place. His black robes gave an air of dignity to the mostly tawdry affair.

Sadly, it was clear from the start that the black robes of the nation’s chief jurist, absent any action on his part to preserve and protect, weren’t up to the task of ensuring that the Rule of Law would endure. The task was made far more difficult by the efforts of the counsels for the defense to mask truth and even rewrite the Constitution. They went so far as to prevent pertinent evidence from being presented and declared that the President is above the law and is officially allowed to do whatever he wants to do. One Republican senator was overheard declaring to colleagues, “We don’ need no stinking laws on the President.”

Said one observer, “The Rule of Law had a long and fine run. It did what it was supposed to do most of the time and it has served us well. It seems, though, that the Senate has decided that we no longer need it and that we should revert to the divine right of kings and dictators. No telling how we’ll adjust to a Kim Jong Un type of autocrat.”

In lieu of flowers, mourners are invited to make contributions to Democratic candidates for the November election. They are further encouraged to secure promises from candidates that, once elected, they will resurrect the Rule of Law and restore it to its proper stature and function in our democracy, should our democracy still exist then.

  • * Note to Mitt Romney: The nation turned its lonely eyes to you, but try as you did, the job of saving the Rule of Law was too big for one man. Nevertheless, we honor you for your integrity and courage to do what is right. Perhaps in some distant future others will hear your call. For now, though, know that millions of Americans stand with you in the face of the threats and hatred thrown at you by people who just don’t understand.

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Ed. note: We need to spread the word so that we make a critical difference, so

  1. Pass this along to three people, encouraging them to subscribe (IT’S A FREEBIE!).
  2. Engage in the Comments section below to help us all to be better informed.

Thanks!

Fine Print:

  1. Writings quoted or linked from my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings, so don’t bug me about it.
  2. Sometimes I change my opinions because I’ve learned more about an issue. So, educate me. That’s what the Comments section is for.
  3. Errors in fact, grammar, spelling and punctuation are all embarrassingly mine. Glad to have your corrections.
  4. Responsibility for the content of these posts is unequivocally, totally, unavoidably mine.

JA


Copyright 2022 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Go Back To The Pawn Shop


Reading time – 3:49; Viewing time – 5:02  .  .  .

Critical Alert – Pass this along to at least 3 others. You’ll see why at the end.

The FOIA triggered disclosure of Mike Pompeo’s involvement with the sliming of Ambassador Marie Yovanovich was only the first end-around of the subpoena stonewalling of the Donald Trump administration. More FOIA requests will be granted and it’s safe to say there will be smoke and perhaps at last a raging fire to see. In addition, yet another court case has slapped the wrist of our king wannabe president, this time declaring officially how idiotic his claims of “absolute immunity” are.

All of this is good news for our democracy, but it isn’t enough. In the absence of full Congressional oversight – that’s Congress asserting its stature and full powers as a co-equal branch of government – executive overreach will continue to corrode our country. We need Congress to put on its Big Boy and Big Girl pants, and right now that means only one thing. The explanation of that requires a short story.

Russian Federation flag

For the decades of the cold war Republicans wrapped themselves in the red, white and blue of the stars and bars and stood in lock-step against Soviet aggression. Now, though, they seem to have stopped at a pawn shop and traded in the American flag for a cloak of Russian Federation white, blue and red.

They act as though they no longer believe in the rule of law. Think: supporting the stonewalling of subpoenas; tolerating obviously criminal actions; attacking U.S. military officers, Gold Star families and distinguished foreign service officers.

Far worse, though, is their mouthing of the disinformation of former KGB officer and murderer, Vladimir Putin. He is working tirelessly to destabilize democracies around the world. He’s spew-vomiting Russian disinformation in the United States, including trying to get Ukraine blamed for the illegal Russian hacks of the DNC and Hillary Clinton email servers in 2016. Amazingly, the Republicans are brainlessly mouthing Putin’s disinformation. They are knowingly doing Putin’s work for him.

As Paul Krugman explained it, “.  .  .  by and large Trump, unlike previous presidents, is backed by a party that sees and hears no evil whatever he does.” That’s because Republicans fear Trump and his MAGA hat wearing followers, so they say and do astonishingly stupid things to stay off Trump’s angry Twitter feed.  And that has caused the Republican sell out of America.

That’s why it’s critical that the GOP put on its Big Boy and Big Girl pants and head back to that pawn shop to get their American flag back.

You can help to make that happen.

We need two dozen Republican senators to wake up and smell the Constitution. Every senator already knows the truth and 30 of the 53 despise Trump. What’s needed is for them to do the right thing. That’s where you come in.

If you have a Republican senator, call his/her office and tell them to vote to remove Donald Trump from office. Here’s an analysis of who the critical senators are.

You can find your own senators here; just use the pull-down at the top left of the linked page to find their contact information.

THEN CALL THEM; don’t email, because voice contact is more powerfully received.

    • Tell them not to support a president who violates the Constitution by trying to get a foreign nation to interfere in our election.
    • Tell them Trump acts solely for his own benefit and sells out our national security in the process.
    • Tell them that you know that they know.

Then tell them what you want them to do. And let them know that you can see their votes.

If either Joe Manchin (D-WV) or Jon Tester (D-MT) is your senator, call them. They’re both under heavy pressure from the right in their states and they need to hear your support for doing the right thing.

To quote Herb Brooks, head coach of the 1980 Olympic Gold Medal winning U.S. Hockey team, “This is your time. Now, go out there and take it!”

Send your senators back to that pawn shop for their American flags. This is your time. Now, go make those calls. Do it now.

Critical Alert – Pass this along to at least 3 others.

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Ed. Note: I don’t want money or your signature on a petition. I want you to spread the word so that we make a critical difference. So,

YOUR ACTION STEPS:

  1. Pass this along to three people, encouraging them to subscribe (IT’S A FREEBIE!).
  2. Engage in the Comments section below to help us all to be better informed.

Thanks!

NOTES:

  1. Writings quoted or linked from my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings, so don’t bug me about it.
  2. Errors in fact, grammar, spelling or punctuation are all embarrassingly mine. Glad to have your corrections.
  3. Responsibility for the content of these posts is unequivocally, totally, unavoidably mine.

Copyright 2022 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

What’s At Stake


Reading time – 3:01  .  .  .

We’re a hotly divided country, entrenched in our certainties. Whether we say it or not, we see compromise as a dirty thing.

On the other hand, we all know right from wrong and there isn’t a lot of disagreement about it, once we get past our rationalizations.

The House Intelligence Committee hearings are exposing obvious wrongdoing by Donald Trump. It isn’t just that the witnesses are offering plain-to-see facts of his guilt; Trump famously preened as he bragged about his criminal behavior. So, the hearings aren’t about questions of guilt. Rather, the hearings are about what is truly bedrock in America.

Here is the oath of office to which every member of Congress swore:

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

Note that no person is named, other than the person being sworn in. The members don’t swear allegiance to a king. They don’t swear allegiance to a president. They swear allegiance to the Constitution of the United States. The United States is alone among the nations in this kind of oath and it declares for all to see that we are a nation of laws and not a nation of men.

That concept is being sorely tested in this era of Trump. Clearly, Trump is all about Trump and uses anything and anyone around him for self-aggrandizement. He demands loyalty to him. The test of our time is what or who our members of Congress will protect and defend. What is at stake is the rule of law and the Constitution itself.

If Trump is allowed to get away with his obvious criminal behavior, we will have established a new bedrock for this nation, a bedrock of personality, not of law; of high office for personal benefit, not for the benefit of the nation.

These hearings, then, are about deciding what kind of nation we will be. President Trump has no voice in this. We The People have an indirect voice by telling our members of Congress where we stand, what we want, how we see things. However, only the members of Congress have a vote.

Members of the House have the first vote. They alone will decide whether to impeach the President. The issue is whether the Republican members will look at the facts and vote accordingly, or whether they will cave to political pressure and vote to protect the President. In that way they will decide whether we are a nation of laws or a nation of a man.

If the House impeaches the President, the Senate will decide whether to convict the President such that he will “.  .  .  be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Again, there isn’t a doubt about Trump’s guilt. However, there is grave doubt whether the members of the Senate have the courage to act in accordance with their solemn oath of office. They know and we know the truth. The question will be whether knowing that will be enough to cause them to do the right thing.

Everything – the Constitution and the rule of law and our very republic – depends on what they do.

Surely, our Republican Members of Congress see that Trump is guilty of many offenses and crimes. Right now the issues are extortion, bribery, withholding of funds in violation of the direction of Congress and multiple counts of obstruction of justice. Then there’s witness tampering, campaign finance violations, profiting from the Presidency (emoluments), collusion, advocating political and police violence, abuse of power, persecuting political opponents, violating immigrants’ rights and more.

So, Trump’s unfitness for office and his criminality are plain to see. What holds Republicans back from the obvious right path is fear of backlash from their extreme constituents. So, their choice is to do the right thing, which will require that they dare to lose their position and power, or to destroy the rule of law and sell out our country.

That’s what’s at stake.

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Ed. Note: I don’t want money or your signature on a petition. I want you to spread the word so that we make a critical difference. So,

YOUR ACTION STEPS:

  1. Pass this along to three people, encouraging them to subscribe (IT’S A FREEBIE!).
  2. Engage in the Comments section below to help us all to be better informed.

Thanks!

NOTES:

  1. Writings quoted or linked from my posts reflect a point I want to make, at least in part. That does not mean that I endorse or agree with everything in such writings, so don’t bug me about it.
  2. Errors in fact, grammar, spelling or punctuation are all embarrassingly mine. Glad to have your corrections.
  3. Responsibility for the content of these posts is unequivocally, totally, unavoidably mine.

Copyright 2022 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

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