Trump’s Not The Only One Undermining the Rule of Law

One of the many reasons Trump’s pardon of Arpaio was so appalling was the nature of Arpaio’s behavior during the years he was sheriff. Trump’s pardon essentially endorsed the abuse of power.

Every time a public official–cloaked in the authority of the state–engages in self-serving, corrupt or unlawful behaviors, government legitimacy suffers. The most central principle of the rule of law is that no one is above it; the rules apply equally to the governed and those who do the governing.

Of course, if we don’t know what government officials are doing, we can’t enforce the rules.

One of the reasons our Constitution explicitly protects freedom of the press is because the press acts as a “watchdog,” ferreting out official misconduct. When Trump attacks unflattering coverage as “Fake News,” when Arpaio criticizes the press for pointing out that his actions are racist, they are attempting to delegitimize a critical element of Constitutional accountability.

Mother Jones recently provided an excellent example of how the system is supposed to work.  The magazine investigated and uncovered a Judge’s conflict of interest in the aftermath of an immigration raid that netted 400 undocumented workers. As the article notes, such workers are

usually charged with civil violations and then deported. But most of these defendants, shackled and dragging chains behind them, were charged with criminal fraud for using falsified work documents or Social Security numbers. About 270 people were sentenced to five months in federal prison, in a process that one witness described as a “judicial assembly line.”

Overseeing the process was Judge Linda R. Reade, the chief judge of the Northern District of Iowa… The incident sparked allegations of prosecutorial and judicial misconduct and led to congressional hearings. Erik Camayd-Freixas, an interpreter who had worked at the Waterloo proceedings, testified that most of the Spanish-speaking defendants had been pressured to plead guilty…

Yet amid the national attention, one fact didn’t make the news: Before and after the raid, Reade’s husband owned stock in two private prison companies, and he bought additional prison stock five days before the raid, according to Reade’s financial disclosure forms. Ethics experts say these investments were inappropriate and may have violated the Code of Conduct for United States Judges.

The subsequent discovery of emails and memos from Immigration and Customs Enforcement showed that in the months leading up to the raid, Judge Reade had repeatedly met with immigration officials and federal prosecutors. She had also attended a meeting with officials from the US Attorney’s Office where “parties discussed an overview of charging strategies,” according to ICE memoranda. In those meeting she learned that about 700 arrests were anticipated.

I’ve previously argued that prisons should never be privatized. Not only is incarceration an inherently governmental function, but the private prison industry lobbies (often successfully) for counterproductive public policies. Currently, CCA and Geo, the two largest prison companies, are actively resisting criminal justice reforms and the decriminalization of marijuana. The Mother Jones article points to a less-recognized danger–public officials succumbing to the temptation to “enhance” the value of their investments.

Today, dozens of people who were sentenced by Reade while her husband owned prison stock remain behind bars. According to the US Sentencing Commission, the Northern District of Iowa, where Reade sits, sends a significantly higher proportion of defendants to prison, and with longer sentences, than the national average.

Can we spell “appearance of impropriety”?

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A Confederacy of Dunces

We now know what an “anti-elitist” Administration looks like.

It isn’t simply Keystone Kop Cabinet-level appointees who know nothing about the agencies they lead: Betsy DeVos, who lacks any background or training in education, never attended public schools, and never sent her children to public schools; Rick Perry, who barely eked out an agriculture degree and cheerfully admits he had no idea what the Department of Energy did; Scott Pruitt, who scorns “elitist” scientists, denies climate change, and is methodically dismantling the EPA at a time when its expertise is most needed. Etc.

Trump’s roster of White House advisers and Cabinet officials has been called the least experienced in recent presidential history.

But Trump’s war on “elitists”–defined as people who know what they’re talking about–extends well into the bureaucracy. Some recent examples:

  • Sam Clovis, a former right-wing radio talk-show host and failed Senate candidate from Iowa, has been nominated to be the chief scientist at the U.S. Department of Agriculture. ProPublica reports that Clovis is a vocal climate change denier who has no formal training in science at all.
  • Appointments to the Department of Health and Human Services have been anti-evidence culture warriors. The Hill reports that “Trump has appointed some of the nation’s worst anti-women’s health extremists to top cabinet posts in the agency, including the designation of birth control skeptic Teresa Manning to lead the nation’s family planning program.” One of the newest HHS additions — Valerie Huber — is a vocal advocate for discredited and misleading abstinence-only-until-marriage programs.
  • Of the 28 appointments to the Department of Energy analyzed by Pro Publica, only 10 had any relevant experience, and most of those had worked as lawyers, advocates or spokespeople for coal, oil or gas companies. (Then there are those appointees that Pro Publica calls “wild cards,” like Kyle Yunaska, a tax analyst at Georgetown University whose primary connection to the administration appears to be his status as the brother-in-law of Eric Trump.)

Media has focused more upon Trump’s paucity of nominations than the appalling nature of the nominations he has made; hundreds of positions remain vacant seven months into his term. Given the “quality” of his nominees, that may actually be a blessing.

The one area in which he has sent numerous nominees to be confirmed is the Judiciary, and those nominees are terrifying. Two examples:

  • John Kenneth Bush, Trump’s nominee for the Sixth Circuit, contributed regularly to Elephants in the Bluegrass, a political blog run by his wife, posting far-fetched parallels between Barack Obama and Monica Lewinsky and calling slavery and abortion two of America’s greatest tragedies. He consistently cited WorldNetDaily, an extremist publication known for peddling conspiracy theories and white nationalism, including the lie that Obama was not born in the United States.
  • Damien Schiff is Trump’s nominee for the US Court of Federal Claims. He has called Supreme Court justice Anthony Kennedy a “judicial prostitute” in a post,  strongly disagreed with the Court’s decision ending punishment for sodomy in Lawrence v. Texas, and criticized a school district for teaching students that homosexual families and heterosexual families are equally moral.

When “elitism” is defined as expertise, and people who know what they are doing are for that reason disqualified, ideology and incompetence fill the void.

There’s a saying to the effect that the only foes that truly threaten America are the enemies at home: ignorance, superstition and incompetence.  Trump is the trifecta.
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(Un)Civil Religion

What is “Christian Nationalism” and how is it operating to support Donald Trump? Think Progress has an illuminating history,  and an effort to explain the continued devotion of many Evangelical Christian pastors to Trump and his Presidency.

It is notable that, in response to Trump’s moral equivocations following Charlottesville, when business executives resigned en masse from the administration’s advisory panels, only one minister followed their lead.

Others have actively defended those equivocations.

Jerry Falwell, Jr. tweeted his “pride” in the President:

Finally a leader in WH. Jobs returning, N Korea backing down, bold truthful stmt about tragedy.So proud of @realdonaldtrump

Falwell’s relationship with Trump, and his inability to see anything “unChristian” about the President’s behavior, led some graduates of Liberty University, which Falwell heads, to return their diplomas.

Chris Gaumer, a former Student Government Association president and 2006 graduate, said it was a simple decision.

“I’m sending my diploma back because the president of the United States is defending Nazis and white supremacists,” Gaumer said. “And in defending the president’s comments, Jerry Falwell Jr. is making himself and, it seems to me, the university he represents, complicit.”

The Think Progress article quotes liberally from Sam Haselby, author of The Origins of American Religious Nationalism. Haselby identifies three elements of our national history that give rise to Christian Nationalism:  Reverence for the country’s founders;  persistence of the “Jeremiad” narrative, defined as the insistence of activists (left and right) that their cause is consistent with the spirit of America’s founding; and the “undeniable prevalence of religious rhetoric or ‘God talk’ in political spaces, no matter which party is in power.”

But few groups indulge in this tradition more fervently than today’s Christian nationalists, whose repeated (and disputed) calls for America to be “restored” as a “Christian nation” mixes all three of Haselby’s elements. When leaders such as Franklin Graham say God has blessed America more than any other nation on earth, they often mean it in a very specific way: Namely, that America is somehow special to God, and has been since its founding, when it supposedly was “built on Christian principles.”

Haselby points out that today’s Christian Nationalists use these elements very differently than their predecessors.  Modern Christian nationalism—characterized by antipathy towards science, so-called “secular” institutions, and government overreach—would have confused and repelled their 18th- and 19th-century forbears.

America’s current version of Christian Nationalism bears an unsettling resemblance to the German version that enabled the rise of Hitler:

The result was broad support for Hitler’s rise to power among German Christians and their leaders, some of whom took their devotion to an extreme. Hitler’s numerous flaws were often explained away or, in some cases, replaced with complete fabrications about his faith.

Interweaving authoritarianism with American-style Christian nationalism isn’t just theoretical: it’s happened before.

“There was a widespread belief in Germany among Christians that Hitler kept a copy of the New Testament in his breast pocket, and he read from it every day—which was completely false,” Ericksen said. “[Hitler] was happy to nurture or not confront those kind of misconceptions, because he wanted that kind of Christian support. And the Christians were so willing to bend over backwards — they accepted or in some ways maybe even invented explanations of how he could be a real Christian leader.”

By the time his power crescendoed, the difference between the Hitler and religious leaders was almost nonexistent. The most extreme form of Christian nationalism had taken hold.

The article is lengthy, but well worth a read in its entirety.

It has been said that although history doesn’t repeat itself, it does rhyme. Fortunately, America’s Christian Nationalists are a decided minority within the faith community; we can take comfort in the significant numbers of American religious leaders who have forcefully rejected Trump’s endorsements of racism and various bigotries.

But we also need to learn from history, and recognize the threat posed by those who are willing to twist and deform their theologies in the service of cultural dominance.

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The Real “Deep State”

The conspiracy theorists who surround Trump (a/k/a the conspiracy theorist-in-chief) have issued dark warnings about the so-called “deep state.”

In this telling, there is a shadowy cabal of agency or military officials who secretly conspire to influence government policy and usurp the authority of democratically elected officials. Prior to Trump’s “democratic election,” the term was generally used to describe the politics of countries like Egypt, Turkey and Pakistan, where authoritarian elements worked within to undercut elected leaders. Trump and his inner circle, particularly the now-departed  Bannon, have argued that the administration is being intentionally undermined by a network within the federal bureaucracy.

As the New Yorker has described it,

Some of Donald Trump’s most ardent supporters (and, in a different, cautionary spirit, a few people on the left) have taken to using “the Deep State” to describe a nexus of institutions—the intelligence agencies, the military, powerful financial interests, Silicon Valley, various federal bureaucracies—that, they believe, are conspiring to smear and stymie a President and bring him low.

In my City Hall days, a witty colleague opined that incompetence generally explains more than conspiracy–an observation that seems particularly appropriate here. Nevertheless, I think there is a deep state, although one that is rather different from the dark conspiracy conjured up by the Trumpsters. And we all should be deeply grateful to it.

Federal bureaucrats are routinely maligned; the word “bureaucrat” is semi-pejorative. There is an abundance of research, however, that confirms the public service motivations of people who work for government. The evidence is that public and private organizations attract different kinds of individuals, and those drawn to government have a desire to serve the public interest and are convinced of the social importance of their work.

I have a number of former students who work in federal agencies. In the wake of the election,  two of them shared with me that they were torn: should they simply leave government, knowing that Trump neither understood nor appreciated the importance of what their agencies did? Or should they remain, focusing on the fact that their obligation is to serve the American people and the Constitution, not any individual President? Should they try to keep the federal government–at least, their small part of it–operating properly despite the chaos and dysfunction in Washington?

The ones I spoke with are still there. They are doing their jobs as best they can in the absence of rational policies and Presidential leadership, soldiering on despite still-unfilled senior positions and conflicting policy signals. They are the real “deep state”–the reason FEMA has responded appropriately (so far) to Hurricane Harvey, the reason Social Security checks continue to arrive on time, the reason that day-to-day American government still functions.

If and when America emerges from “Trumpism,” we’ll have the public servants of the deep state to thank.

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Dreaming…

From Reuters (as well as a number of other media outlets) we learn that

President Donald Trump is expected to rescind an Obama administration policy that protects from deportation nearly 800,000 immigrants who as children entered the country illegally, setting the stage for a fight with U.S. business leaders and lawmakers over tough immigration policy.

The article goes on to detail the negative response of the business community to the proposed action, and economists’ prediction that such a move would hurt economic growth and depress tax revenues.

Leave aside the economic consequences. Trump’s willingness to inflict immense human misery is what’s truly appalling. This would be the most immoral action taken thus far by a profoundly immoral administration.

The targets of this move are not criminals. They aren’t even immigration scofflaws; they didn’t choose to come to the United States illegally. They were children. They were brought here by their parents. Most of them have never known another home; significant numbers speak only English. They are productive citizens, small businesspeople and dependable employees, whose value to their communities has been amply documented. Why on earth would Trump want to deport them?

I think we all know the answer to that.

Reuters tells us that the overwhelming majority of the Dreamer immigrants came from Mexico and other Latin American countries. Most are brown, and brown and black people are  by definition un-American “others” to the White Supremacists, neo-Nazis and other assorted bigots who are Trump’s core supporters.

Trump’s utter lack of human empathy has been obvious for a long time; it was prominently on display during his trip to Houston. So it is pointless to expect him to understand or care about the wrenching reality of his proposed order.

Vox has focused on that reality.

Hundreds of thousands of families in the US are anxiously awaiting a decision from President Donald Trump that could change the course of their lives. Will they lose their jobs? Will they have to drop out of college? Will immigration agents knock on their doors to kick them out of the country they consider home? And what will happen to their American kids if they have to leave?…

In the five years since DACA went into effect, thousands of undocumented immigrants have been able to go to college, get driver’s licenses and get jobs and pay taxes for the first time. Many now have their own children, who are American citizens. Parents with DACA are wrestling with the question of what to tell their children, and whether it would be best to leave them in the United States or take them away if they are forced to leave.

When comprehensive immigration reform once again failed to pass Congress, Obama addressed the situation of the so-called “Dreamers” with an executive order creating DACA–Deferred Action for Childhood Arrivals. It allowed a defined subset of young undocumented immigrants to get temporary Social Security numbers and deportation protection. They had to pass criminal background checks, pay taxes, and renew their DACA status every two years. The program was a temporary fix, but during the campaign, Clinton vowed to maintain it.

Trump, of course, made anti-immigrant rhetoric the centerpiece of a campaign that pandered, bigly, to rightwing bigotries.

It is heartbreaking to read the comments of DACA recipients interviewed in the Vox article. These are good people who are in an untenable situation because for years, Congress has consistently failed to pass an immigration bill. Most recently, rather than give President Obama a political “win,” the GOP simply blocked efforts to negotiate a legislative solution to a problem everyone recognized.

Now we have a President whose terrifying ignorance of government is matched only by his inability to think of anyone but himself. If Congress cannot be moved to action by the plight of 800,000 innocent DACA immigrants, there’s no reason to believe they will ever summon the moral courage to defy this bigot-in-chief.

This is a test, and I’m very much afraid America will fail it.

As a current Internet meme puts it: It’s no longer about whether Trump has any decency. It’s about whether we do.

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