Tag Archives: Trump

Poison Gas

I have repeatedly cited the observation by a noted civil libertarian to the effect that poison gas is a great weapon–until the wind shifts.

In case the clear meaning of that observation eludes anyone, it is a recognition that ignoring the rule of law in order to punish people you dislike is a very dangerous tactic, because when those disliked folks gain power–as they inevitably will– they can turn those same illegal tactics against you.

It is abundantly clear that Trump and his MAGA minions don’t understand the operation of due process guarantees. (Granted, Trump is embarrassingly ignorant of all civil liberties, and indeed, ignorant of how the world works.) That ignorance is shown by the increasing hysteria with which the administration keeps asserting that Abrego Garcia is “a bad dude,” and that bad dudes aren’t entitled to due process.

There is substantial evidence to rebut the administration’s accusations about Garcia, but their probity is totally irrelevant. Giving an accused individual due process requires that the government prove its allegations in a court of law. If Garcia is really a gang member or otherwise unfit to live among us, the state should be able to demonstrate that fact. A grant of due process doesn’t keep authorities from expelling bad guys–but it does require government to provide the evidence upon which they are painting an individual as someone who should be expelled from our shores.

If a mere accusation is poison gas sufficient to justify deportation, none of us is safe. The accusatory finger can be pointed at anyone, for any reason. That’s why Talking Points Memo–among many others–has  editorialized about the extreme importance of this case.

As best we can tell, Abrego Garcia was on the third deportation flight from Texas to El Salvador on March 15. The other two flights contained people deported under the Alien Enemies Act without any judicial review. The AEA deportations were the first to be challenged in court, which led to the big blow up in U.S. District Judge James Boasberg’s court about whether the Trump administration had willfully violated his order blocking them.

It was in the midst of that legal battle that the case of Abrego Garcia’s mistaken deportation emerged, an error the Trump administration admitted, serving as the perfect signifier for why due process is so essential. If Abrego Garcia could be deported in error – and in violation of an existing order by an immigration judge – isn’t that precisely why the law offers procedural protections that all of the deportees that day were entitled to at some level?

TPM noted that the administration’s positions inside the courtroom have been at odds with its public statements. It  has gone from admitting the deportation was in error to the launch of “a full-scale propaganda campaign from the White House on down, sowing misinformation, inventing facts, smearing Abrego Garcia with falsehoods, and furiously trying to muddy the waters to obscure its own malfeasance.”

The editorial quoted Timothy Snyder, a noted scholar of tyranny:

The president defied a Supreme Court ruling to return a man who was mistakenly sent to a gulag in another country, celebrated the suffering of this innocent person, and spoke of sending Americans to foreign concentration camps.

This is the beginning of an American policy of state terror, and it has to be identified as such to be stopped.

Americans who have been following the news are aware that Garcia is only the most prominent example of extra-legal apprehensions and deportations, which have been accelerating under this lawless regime. This reality–among other Trump acts in defiance of the rule of law–has brought us to the current constitutional crisis, as the administration stonewalls and evades, and refuses to submit to court orders.

The Republicans in the House and Senate could end this crisis. Even if they failed to impeach the mad king, they could assert their powers under the Constitution and take back the authority that Trump has usurped–authority that is rightfully theirs. Their failure to do so–the cowardice preventing them from even publicly protesting Trump’s blatantly illegal, unconstitutional and immoral behaviors–is a betrayal of immense proportions. Assuming we emerge from the current abyss, these Republicans will go down in history as weaklings and traitors whose failure to honor their oaths is a repudiation of the values upon which this country was founded.

It will also be seen as an invitation to turn the poison gas in their direction when Democrats gain control. Of course, if that happens, we really will have lost the Founders’ America.

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Cultural Revolution?

In a recent newsletter, Paul Krugman compared the Trump administration’s anti-DEI (i.e., pro-racism & misogyny) efforts to China’s cultural revolution under Mao.

Once you’ve seen the parallel between what MAGA is trying to do and China’s Cultural Revolution, the similarities are everywhere. Maoists sent schoolteachers to do farm labor; Trumpists are talking about putting civil servants to work in factories.

The Cultural Revolution was, of course, a huge disaster for China. It inflicted vast suffering on its targets and also devastated the economy. But the Maoists didn’t care. Revenge was their priority, never mind the effects on GDP.

As we’ve seen, China’s efforts failed–albeit not without years of unnecessary suffering. As I’ve previously opined, changing a nation’s culture rarely if ever works. But our would-be king–unhampered by anything suggesting intellect or competent appointees within his “administration,” is certainly trying to fulfill the most ardent wish of his MAGA base–taking American society back to the 1950s (or perhaps before), when women were pushing out babies and doing the dishes in the kitchen, and Black Americans were subject to segregation and confined to subservient positions.

That effort requires eliminating evidence of the worth and competence of women and Blacks. Accordingly, I did a search for federal websites that have been scrubbed of references to the contributions of women and black people.

Here’s what I found.

The Department of Defense undertook a significant purge of DEI-related content, resulting in the removal of profiles and articles about Army Maj. Gen. Charles Calvin Rogers, a Black Medal of Honor recipient; the Japanese American 442nd Regimental Combat Team; the Navajo Code Talkers (including profiles of Indigenous veterans; women veterans such as Lisa Jaster, the first female Army Reserve graduate of Ranger School); historical figures like Jackie Robinson, who served in the Army during World War II; the Tuskegee Airmen and Women Airforce Service Pilots; and notable gravesites of Hispanic and Black service members at Arlington National Cemetery.

Some content has been restored following public outcry, but many of those pages remain inaccessible .​

NASA removed profiles of women and people of color from its website. The profile of Rose Ferreira, a Dominican-American intern, was taken down and later reinstated after public backlash. However, the restoration led to harassment directed at Ferreira, highlighting the challenges faced by individuals whose stories were previously celebrated .​

The National Park Service revised its content to align with the administration’s directives. Those erasures included the removal of mentions of transgender individuals from articles about the suffragist movement; changing terminology from “LGBT” to “LGB” and omitting the word “queer;” altering language in articles about the Underground Railroad, including removing a quote and image of Harriet Tubman and the term “slavery.”

The Small Business Administration removed a photograph from its website depicting a diverse group of individuals, including women and people of color, in front of a whiteboard.

Other federal agencies that have complied include the Department of Veterans Affairs, which has removed content related to LGBTQ+ veterans; the Federal Trade Commission, which has deleted over 300 posts, including those reporting on antitrust actions against tech giants; and the State Department, which altered the language in international travel advisories, replacing “LGBTQ+” with “LGB” and omitting references to safety concerns for transgender Americans abroad.

I have no idea how many Americans visit these sites; certainly, the information that has been deleted is widely available elsewhere. (In the age of the Internet, erasure of information previously available is a pipe dream…) That said, these alterations provide additional evidence (as if we needed it) of the central preoccupation of the White Christian Nationalists and other assorted bigots who form the majority of MAGA adherents.

It remains to be seen whether those who supported Trump because he promised to reward their racism–to return them to social dominance– will be steadfast in that support despite the chaos and damage being done to the economy, public health, science, education and the rule of law, among other elements of accelerating collateral damage.

As Krugman admonished readers, looking for rational strategy in Trump’s hysterical assault on DEI and “woke-ism” (aka equality and humanity) is a fool’s errand. “Don’t try to sanewash what’s happening. It’s evil, but it isn’t calculated evil. That is, it’s not a considered political strategy, with a clear end goal. It’s a visceral response from people who, as Thomas Edsall puts it, are addicted to revenge.”

Mao couldn’t change his culture. I don’t think Trump will change America’s, either. But we’ll suffer while he tries.

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Defending The Rule Of Law

As the Trump administration careens drunkenly from outrage to outrage, laying waste to the American Idea, there is one “through line” to the Dear Leader’s petulant and bizarre Executive Orders and (ungrammatical) pronouncements: virtually all of them violate the laws of the land. (My husband will read of some Trumpian action and ask me, “Can he do that?” and my response is usually, “It’s against the law, if that matters.”)

The Constitutional crisis we are currently experiencing is Trump’s disregard–not just for the laws he is ignoring–but for Court orders requiring him to obey them.

I don’t know how this crisis will turn out. I have hopes that the increasing numbers of protests will encourage at least some Republican Senators and Representatives to re-grow their spines (although here in Indiana,  Senator Jim Banks–a dim, smug self-proclaimed Christian Nationalist–is beyond hope). In the meantime, there are emerging signs that the legal community is prepared to defend the rule of law against our Mad King and his merry band of lunatics.

I was particularly pleased to read a Fourth Circuit Court of Appeals decision authored by Judge J. Harvie Wilkinson III, because it confirmed a point I’ve repeatedly made on this site: whatever descriptors you want to apply to Trumpism and MAGA, “conservative” isn’t one of them.

As Josh Marshall wrote at Talking Points Memo 

If you had told me in 2005 that 20 years hence federal appeals court Judge J. Harvie Wilkinson III would be writing a paean to our lost liberties and freedoms under a Republican president, I may have politely suggested you seek some help.

The entire order is worth reading. Wilkinson clings to the hope that the judiciary’s “brethren in the Executive Branch” will recognize that the rule of law is “vital to the American ethos.”

Wilkinson’s defense of the rule of law is being joined by individual lawyers. R. William Jonas, Jr., a partner in a law firm in Mishawaka, Indiana, recently shared the following letter he’d written to the Indiana Bar Association.

I write today as a member and Past President of the Indiana State Bar Association, and as an officer of the court who swore on Oct. 9, 1981, to support and defend the Constitution of the United States and the State of Indiana. To fulfill my oath, I write today in the wake of the decision of the U.S. Court of Appeals for the Fourth Circuit attached here.

The U.S. government “snatched” Kilmar Abrego Garcia from his home state of Maryland, and, in utter disregard of his constitutional right to due process and a specific court order, and transported him to an infamous prison in El Salvador where it is now claimed that he is beyond the power of our courts. We know from reading the Fifth Amendment that “no person shall be deprived of life, liberty or property without due process of law.” And “no person” means exactly that – it includes everyone from Jesus Christ and the twelve disciples to Jeffrey Dahmer, Ted Bundy, John Wayne Gacy or Gertrude Baniszewski.

 It is the duty of the Indiana State Bar Association, to speak in support of the opinion of the court and the right of due process which is at the very heart of the rule of law. Some might say that we should be silent because we shouldn’t be taking political positions or because it might cause people to terminate their memberships. To these folks, I say that we all have sworn to uphold the constitution and the rule of law. This association is rightly proud of its efforts to promote leadership through the Leadership Development Academy and civic education through the Indiana Bar Foundation’s civic education program “We the People: The Citizen and the Constitution.” If we remain silent, what message do we send about leadership? About civic duty? If not us, who? If not now, when?

              Judge Wilkinson wrote

It is, as we have noted, all too possible to see in this case an incipient crisis, but itmay present an opportunity as well. We yet cling to the hope that it is not naïve to believeour good brethren in the Executive Branch perceive the rule of law as vital to the American ethos. This case presents their unique chance to vindicate that value and to summon the best that is within us while there is still time.

Now is the opportunity for the ISBA to speak up in support of the right to due process and the rule of law, and to urge the local bars of Indianapolis, Evansville, Allen County, Lake County and St. Joseph County to take similar action. It is an opportunity to urge the faculties of Indiana’s law schools to join the chorus – as Judge Wilkinson says “while there is still time.”

Now is the time for all of us to speak up–and resist.

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The Problem With Mad Kings

Back in 2009, I wrote a book titled “Distrust, American Style,” in which I explored the role of trust in government and civil society. My research for that book involved dipping into the considerable scholarship on the subject, and confirmed the immense importance of trustworthy behavior by both governments and the various elements of our society. I traced the negative effects of then-emerging examples of untrustworthy behaviors–by businesses like Enron, by a variety of sports figures, and by religious figures. (Catholic Church scandals were in the news daily.)

I did not, however, turn my attention to the importance of trust to national economic performance. Paul Krugman has recently filled that void, explaining the likely, significantly negative consequences of having a madman and would-be king occupying the Oval Office.

Krugman began by focusing on the stupidity of the law firms that “bent the knee” to our mad king–pointing out what should have been blatantly obvious (and raising doubts about the intellectual and analytic bona fides of the fat-cat partners who cowered before Trump’s patently illegal threats.)

Less than a month ago many of America’s biggest law firms made deals with the White House in which they promised to end diversity, equity and inclusion (DEI) practices and to devote substantial resources to pro bono work on causes the administration supports. It was a shameful capitulation.

It was also stupid. Anyone who looked either at Donald Trump’s personal history or the history of authoritarian regimes in general would have realized that there’s no such thing as a deal with this administration. Whatever you think Trump and co. have agreed to, they will feel entirely free to make new demands whenever it suits them.

Those firms should have known that giving in to Trump just signals weakness, which leads him to demand further concessions.

Then Krugman explains why Trump’s mercurial behaviors are such a threat to the American economy. U.S. efforts to build an anti-China trade alliance are doomed to failure, Krugman says,  “Because nobody with any sense trusts the Trump administration to honor the terms of any deals it makes, whether they’re deals about pro bono work with law firms or tariff deals with other governments.”

And as more and more people realize that Trump and his minions can’t be trusted, the damage will spread from trade to finance. The international role of the dollar and, eventually, America’s ability to service its debt are very much at risk.

Why can’t Donald Trump be trusted? Partly because he’s Donald Trump. But even if he weren’t, absolute monarchs — which is what Trump is trying to become — are fundamentally untrustworthy. The ruler may sometimes choose to honor his promises, but it’s always his choice — a choice that can be changed at any moment. And his untrammeled power makes the nation he rules weaker, not stronger.

Krugman uses historical examples to buttress his central argument that reliance upon a nation’s commitment to the rule of law–a commitment that promises stability–is central to economic growth and prosperity. And as he says, Trump will be unable to make trade deals because nobody trusts his promises.

The international role of the dollar depends in significant part on the belief that the U.S. government can be trusted to behave responsibly. “Among other things, international investors normally assume that the president will respect the independence of the Federal Reserve and refrain from, say, arbitrarily rewriting the terms of federal debt.”

Krugman ends his economics lesson by writing that, “Even now, I don’t think businesses, investors and the public in general fully appreciate what it means that we’re all subject to the whims of a mad king. But they’ll learn.’

Actually, there are indications that the more sophisticated investors and businesspeople are beginning to understand the enormous consequences of installing this madman in office, and of surrounding him with sycophants and clowns unable to restrain his incoherence.

But I’m quite sure Krugman is correct when he says that the public in general doesn’t “get it.”

A couple of days ago, I quoted Frederich Hayek for his analysis of the conditions giving rise to the emergence of “the worst.” They were 1) a dumbed down populace, 2) a gullible electorate, and 3) scapegoats on which that demagogue can focus public enmity and anger. MAGA voters have proved Hayek prescient. Millions of Americans lack even rudimentary civic and economic literacy, and have been kept gullible by media outlets that tell them what they want to hear.

And as a recent Facebook meme has it, “This is all so unfair to people who were just voting their racism.”

Sic transit America…

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What Do We Tell Our Grandchildren?

Well, I see that Trump’s effort to remake America into a gulag has claimed another victim: Americorps. 

If you are unfamiliar with Americorps, a recent description from the Brennan Center might be helpful.

The 1994 launch of AmeriCorps—the nation’s premier public service program, a sort of domestic Peace Corps—was one of former President Bill Clinton’s signature achievements. The program aimed to harness the idealism and spirit of service of thousands of Americans eager to contribute time and energy to addressing pressing national and community problems in a hands-on fashion.

That basic vision continues today in the efforts of some 80,000 mostly young AmeriCorps members, who receive minimal living expenses and a modest education stipend (currently $5,815) in exchange for an intense year of work. They perform tasks like tutoring struggling schoolchildren and helping out with after-school activities at under-performing schools; cleaning up parks and other public lands; providing help to veterans and their families; and responding to hurricanes, floods, tornados, and other emergencies. No program, especially one so large and challenging, is perfect. But for most participants, it’s a life-changing experience, one that can help open doors to post-AmeriCorps jobs and careers. The current funding level is $386 million, the same as for fiscal 2016. The agency’s overall allocation is a little more than $1 billion.

I can confirm that reference to “life changing”–my youngest grandson took his gap year as an Americorps volunteer. He was always a good kid–did well in school, didn’t get into trouble, and displayed the sort of empathy currently missing from our federal government–but that year saw enormous maturation. He worked (hard!) with an assortment of young Americans who came from a wide variety of backgrounds, and became newly appreciative of his own privilege. 

That grandson is graduating from college next month. He had initially hoped to work in government, but Trump’s election took that option off the table. He will join an entire cohort of young people graduating into a newly chaotic economic environment, and a threatening political and civic one.

Frank Bruni recently addressed the dilemma of these graduates in a column for the New York Times. I think he spoke for millions of us when he wrote,

It’s a hell of a thing to be surrounded by college seniors a month away from heading out into this new America, a land of malice and madness. My fellow professors and I are supposed to have nuggets of optimism at the ready, gauzy and gooey encomiums about infinite possibilities, the march of progress and that apocryphal arc, the one that bends toward justice. But all I’ve got is the metastasizing pit of fear in my own gut.

In his conversation with students, BruniI recalled the anxiety and uncertainty he’d experienced at their age, what he described as “the gnawing suspense of being on the threshold of adulthood with no clue what it had in store for me.” He confessed an inability to imagine that flux of emotions in a political moment like this one.

College students throughout the country made all sorts of decisions and nurtured all kinds of expectations based on one version of America only to encounter, less than three furious months into Trump’s second presidency, a much, much different one. It’s a situation suffused with bitter ironies: Those students have often been caricatured and vilified for not seeing enough good in America — for focusing on its betrayals rather than its ideals — and now they’re watching its leader betray those ideals daily, hourly, with a shrug or a smirk or, at least metaphorically, a cackle.

Bruni enumerates just a few of Trump’s betrayals: his calculated abandonment of a man consigned to a hellhole in El Salvador because of an administrative error, his “morally perverse assertions that Ukraine is evil and Russia rightly aggrieved, and his pardoning of the savages who smashed their way into the Capitol and bloodied police officers on Jan. 6, 2021.” 

How do we counsel these young people who are encountering, as Bruni says, not merely a change in the rules but the collapse of decency and dignity? What do I tell my own grandchildren, who were raised by a bunch of lawyers and educators and are painfully aware of the severity of the current assault on American values?

What– Bruni asks-is the fallback for a teetering democracy?

The only answer I can muster is to redouble our fidelity to the values exemplified by Americorps and the thousands of other government agencies and nonprofit organizations working to make life better for those who are less fortunate. 

Refuse to submit. Be one of the good Germans.

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