Tag Archives: Trump

Marbury Versus Madison And The Kurds

When I teach my classes about Separation of Powers, I necessarily discuss Marbury v. Madison, the case that established the doctrine of judicial review.

The case was superficially simple. President Adams spent the waning hours of his term creating judgeships–packing the courts, in the view of Jefferson, who succeeded him. In those days, the “commission” appointing someone had to be physically received in order to be effective; time ran out before Marbury’s could be delivered.

Jefferson refused to deliver it, and Marbury sued.

Jefferson made it clear that he would ignore the order If the Court ruled that he had to deliver Marbury’s commission. But Marshall was aware of the damage that would be done if an official action by a preceding President could simply be disregarded by the current one.

At this point in the discussion, I usually pose a hypothetical to the class. Let’s say you own a towing company, and your city, under its current Mayor, awards you a four-year contract. You bought a new tow truck and hired a couple of additional workers in anticipation of the increased business. But a few months later, a new mayor was elected, who refused to honor the contract. How likely would you be to ever do business with the city again?

Students get it; they recognize the importance of government honoring its commitments. So did Justice Marshall, whose decision, in my opinion at least, was right up there with King Solomon’s proposal to cut the baby in half.

Marshall ruled that Jefferson was bound by his predecessor’s official action–or at least, would have been bound, had the law passed by Congress that created the judgeships been constitutional–which, Marshall also ruled, it wasn’t.

Marshall’s decision avoided the crisis that would have been precipitated had he given an order that Jefferson defied. It also established the court as the final authority on constitutionality. (Jefferson reportedly was unhappy with the terms of the decision, but he’d “won,” so he accepted it.)

Marshall had recognized how critically important it is that nations, like individuals, keep their word. If national commitments could be disregarded when an administration changed, neither our own citizens nor foreign countries would trust the government of our country,  a situation that would negatively affect everything from trade agreements to treaties.

Which brings me to the disaster that is the Trump Administration, and its betrayal of the Kurds.

It’s bad enough that the administration is roiling the economy by rolling back regulations that businesses have relied upon (however grudgingly), introducing unpredictability and inviting litigation–both of which are costly. Betraying commitments to allies is far worse. When that betrayal virtually guarantees the death of soldiers who have been fighting beside Americans and against our enemies, it is both damaging to national security and morally unforgivable.

The New York Times quoted a Special Forces soldier

“They trusted us and we broke that trust,” one Army officer who has worked alongside the Kurds in northern Syria said last week in a telephone interview. “It’s a stain on the American conscience.”

The American military’s strategy in Syria over the past four years has been dependent upon  trust and collaboration with the Kurds, who have been described as integral to routing ISIS, the Islamic State, from northeastern Syria.

The Kurds fought in Manbij, Raqqa and deep into the Euphrates River Valley, hunting the last Islamic State’s fighters in the group’s now defunct physical caliphate. But the Syrian Democratic Forces, or S.D.F., as the Kurdish and their allied Arab fighters on the ground are called, are being left behind.

Thanks to this profoundly ignorant and corrupt administration, America’s reputation and what remains of its honor are being left behind with the Kurds.

Words fail.

Comments

Corruption Everywhere

Talk about the “times that try men’s (and women’s) souls.”

I am not naive; I know the dark side of America’s history. I know we have repeatedly failed to live up to our professed values. But there has also always been a bright side– a reason this country has been a beacon of hope for so many oppressed people, a reason idealistic citizens have dedicated themselves to public service, a reason millions of  individuals have been proud to be Americans.

It is no longer possible to ignore the degree to which those values and ideals are being trashed by the gangsters in this administration and the self-serving GOP cowards in the Senate. Washington lawmakers are no longer engaged in disagreements about policy. Instead, the government has been paralyzed by an administration that is a criminal enterprise–a criminal enterprise abetted by Republicans in the Senate, most prominently Mitch McConnell.

The corruption is breathtaking, and Trump is only one manifestation of the rot.

The Campaign Legal Center recently filed an FEC complaint detailing the NRA’s coordination with Republican Sen. Ron Johnson of Wisconsin in the 2016 campaign. It used a shell corporation through which it illegally funneled millions in in-kind contributions– unlawfully coordinating with Johnson and other candidates it was backing.

Last August, Jonathan Chait had an article in New York Magazine titled “The Whole Republican Party Seems to be Going to Jail Now,” in which he ticked off the operatives who were then behind bars (and those who belonged there).

There was Paul Manafort, who embezzled funds, failed to report income, and falsified documents, and his partner and fellow Trump campaign aide, Rick Gates, who confessed to participating in all these crimes.

There was (and is) Wilbur Ross.

Forbes reported that Commerce Secretary Wilbur Ross may have stolen $120 million from his partners and customers. Meanwhile Ross has maintained foreign holdings in his investment portfolio that present a major conflict of interest with his public office.

There were the three Trump cronies running the Department of Veterans Affairs, despite lacking  any official government title or public accountability. According to Pro Publica, all three “used their influence in ways that could benefit their private interests.”

Chait concluded that

Trump appears to select for greed and dishonesty in his cronies…. The sorts of people Trump admires are rich and brash and disdainful of professional norms, and seem unlikely to rat on him. The sorts of people who are apt to work for Trump seem to be those who lack much in the way of scruples.

The administration is understaffed and disorganized to the point of virtual anarchy, opening up promising avenues for insiders to escape accountability. Trump’s public ethos, despite his professions during the campaign that he could “drain the swamp” and impose a series of stringent ethics reforms, runs toward relativism — he famously tolerates anybody who supports him, regardless of criminal history or other disqualifications, defining their goodness entirely in terms of personal loyalty. And above all there is the simple fact that Trump himself is a wildly unethical businessman who has stiffed his counterparties and contractors, and worked closely with mobsters, his entire career. A president who is continuing to profit personally from his office is hardly in any position to demand his subordinates refrain from following suit.

Chait’s article was written in August of 2018. Since then, among other scandals, we have seen William Barr besmirch the reputation of the Department of Justice by mischaracterizing the Mueller Report and refusing to follow clear laws requiring him to inform Congress about the whistleblower complaint.  We have seen Mike Pompeo turn the State Department into a tool of Trump’s ego. (A Washington Post article reported a growing belief among State Department officials that Pompeo has subordinated the Department’s mission and abandoned colleagues in the service of President Trump’s political aims.)

It is highly likely that Mike Pence was involved in the effort to blackmail Ukraine’s President into manufacturing dirt on Biden’s son.

Even administration officials unconnected to the events that triggered the Impeachment inquiry are conspicuously corrupt and incompetent. Betsy DeVos, anyone? Elaine Chao? Rick Perry? (Whoops–evidently Perry is involved in the Ukraine cesspool.)

Political scientists are busy trying to explain how we got here, and–assuming we can turn things around, which is by no means a given–we’ll need to know how and why and what to do to avoid a repeat. But all I can focus on is the need to clean house.

Whatever happens with Impeachment, in 2020 we need massive turnout and an overwhelming rejection of both the criminals who currently control our federal government, and their enablers in the Senate.

We can argue about policy later.

Comments

Peter Wehner Explains The Inexplicable

Like most Americans today, I occupy a bubble. My friends, family, colleagues and neighbors all tend to see political reality largely the way I see it.

So I was taken aback–floored, really–by a conversation I had during a weekend visit to New Buffalo, Michigan. Our daughter and son-in-law had treated us to the visit and a tour of the 1932 World Fair’s “Homes of the Future” sponsored by Indiana Landmarks. We were staying in a lovely Bed and Breakfast, and while I was getting coffee, I chatted with a guest who turned out to be from Carmel, a suburb of Indianapolis.

What began as a cordial exchange devolved when he mentioned that he “loved” President Trump. (I’m sorry to report that I didn’t bite my tongue; I suggested he’d been drinking the Kool-Aid, and he stomped off.)

This encounter bothered me immensely. Here was a person who was obviously comfortable financially, who didn’t look like someone who ignored the news, or was mentally incapacitated. Why would he “love” this pathetic excuse for a human?

My husband’s theory was that Trump justifies the guy’s probable racism, but the exchange was still rankling when I read Peter Wehner’s column in Monday’s New York Times, titled “What’s the Matter with Republicans?”

One might hope that some of the party’s elected officials would forcefully condemn the president on the grounds that there is now demonstrable evidence that he had crossed an ethical line and abused his power in ways even beyond what he had done previously, which was problematic enough.

But things are very different today than they were in the summer of ’74. Mr. Trump was on to something when he famously said, during the 2016 campaign, “I could stand in the middle of Fifth Avenue and shoot somebody and I wouldn’t lose any voters, O.K.? It’s, like, incredible.” What most people took to be hyperbole turned out to be closer to reality.

Wehner–who was formerly a staunch  Republican–then asked the same question I had asked: why? What would account for continued fealty to someone who is not only a demonstrably unfit President, but a truly repulsive human being with what Wehner accurately describes as “a mobster’s mentality”?

Why, then, are so many Republicans yet again circling the Trump wagon rather than taking this opportunity to denounce what the president did and declare some independence from him by doing so? Why has Mr. Trump, an ethical wreck of a man both before and after he reached the White House, earned such fealty from Republicans?

Wehner says it isn’t policy, and I agree.

Understanding the close compact between Mr. Trump and the Republican Party starts with acknowledging the false hope many establishment Republicans placed in the shady real estate mogul as he rose to power. They misdiagnosed the individual they were dealing with, assuming that Mr. Trump would “grow in office” and that they, the “adults in the room,” would be able to control and contain him. At the outset of this unholy alliance, they were convinced they would change Mr. Trump more than Mr. Trump would change them. But the transformation turned out to be in them, not him.

Wehner acknowledges that politicians’ self-interest is threatened by the loyalty of the GOP base to Trump. But what accounts for the devotion of that base–of people like the man I had encountered?

As a conservative-leaning clinical psychologist I know explained to me, when new experiences don’t fit into an existing schema — Mr. Trump becoming the leader of the party that insisted on the necessity of good character in the Oval Office when Bill Clinton was president, for example — cognitive accommodation occurs.

When the accommodation involves compromising one’s sense of integrity, the tensions are reduced when others join in the effort. This creates a powerful sense of cohesion, harmony and group think. The greater the compromise, the more fierce the justification for it — and the greater the need to denounce those who call them out for their compromise. “In response,” this person said to me, “an ‘us versus them’ mentality emerges, sometimes quite viciously.”

“What used to be a sense of belonging,” I was told, “devolves into primitive tribalism, absolute adherence to the leader over adherence to a code of ethics.”…

As the psychologist I spoke to put it to me, many Republicans “are nearly unrecognizable versions of themselves pre-Trump. At this stage it’s less about defending Trump; they are defending their own defense of Trump.”

“At this point,” this person went on, “condemnation of Trump is condemnation of themselves. They’ve let too much go by to try and assert moral high ground now. Calling out another is one thing; calling out yourself is quite another.”

And then there’s that shared racism….

Comments

The Fight Is Never Over

When I first began this blog, one of the issues I frequently addressed was gay rights. LGBTQ folks still faced formidable barriers to equality; same-sex marriage was a pipe dream, with DOMA at the federal level and so-called “mini-DOMAs” in many states.  Activists were fighting “Don’t Ask, Don’t tell” and working to include protection against discrimination on the basis of sexual orientation and gender identity in state civil rights statutes.

In Indiana, civil rights organizations and major businesses managed to defeat an effort to place a ban on same-sex marriage in the state’s constitution, but we still lack those “four little words”–sexual identity and gender identity–in our civil rights law.  Unless you live in an Indiana city with an inclusive human rights ordinance, it is still perfectly legal here to fire someone for being gay. We also remain one of only five states without an inclusive hate crimes law.

Even in states like Indiana, though, LGBTQ folks have benefitted from the truly dramatic shift in public opinion that has occurred over the past couple of decades. As homophobia ebbed–it certainly hasn’t disappeared, but it has greatly diminished–this blog focused on other issues.

Attacks on LGBTQ citizens may have diminished, but as young folks like to say, “haters gotta hate.” As an article in the Guardian recently illustrated, there is plenty of room for homophobia among the numerous bigotries exhibited by our accidental President and those who support him.

The Trump administration has attacked LGBT rights in healthcare, employment, housing, education, commerce, the military, prisons and sports.

These efforts, it turns out, were just the beginning.

The president’s anti-LGBT agenda could soon gain significant momentum at the US Supreme Court, where Trump’s Department of Justice (DoJ) is pushing to make it legal to fire people for being gay or transgender. The move would fundamentally reverse civil rights for millions of people, LGBT leaders say, and raises fears that LGBT people may lose the minimal protections and resources they have won in past years.

“This is a critical point in history,” said Alesdair Ittelson, the law and policy director at interACT: Advocates for Intersex Youth. “The outcome of this case is going to have a tremendous impact on everyone.”

During the Obama administration, the LGBTQ community won significant victories:  repeal of “don’t ask, don’t tell,” new protections under the Affordable Care Act, an anti-discrimination executive order and expanded recognition of trans rights, among other things. Those victories are now under attack.

Since taking office, the Trump administration has sought to reverse healthcare protections for trans people, moved to ban trans people from serving in the military, eliminated rules protecting trans students and pushed to allow businesses to turn away gay and trans customers if they seek a religious exemption.

Last month, the Trump justice department made its most aggressive anti-gay legal argument to date, urging the supreme court to rule that gay employees are not protected under a longstanding act that prohibits “sex discrimination”. The DoJ filed briefs related to three supreme court cases to be heard together on 8 October – two involving gay men fired from their jobs, and a third involving a woman terminated by her employer after she came out as trans.

The courts have repeatedly held that gay people are covered by Title VII of the Civil Rights Act. Before Trump, the federal government agreed. But William Barr’s Department of Justice is now arguing that sexual orientation and gender identity are excluded under Title VII because “sex” means only whether people are “biologically male or female.”

Before Trump, the Justice Department pursued justice. Before Trump, judicial nominees elevated to the federal bench were vetted for legal competence, not for fidelity to radical “conservative” (actually fundamentalist Christian) ideology.

Before Trump, even our worst Presidents weren’t rabid White Nationalists, Islamophobes, homophobes, anti-Semites and proud and loud racists.

But that was then, and now is now.

Comments

At Least We Aren’t Alone…

In the United States, we apparently are divided into two completely different species: the know-nothing cult that is today’s GOP, and the people who live and worry in what has been called “the reality-based community.”

As depressing as it is dealing with the alternate reality inhabited by Trump and his defenders, we need to recognize that we aren’t the only once-dominant nation busily crapping in our own mess kit. (Sorry, but that seemed the most apt description.)

Britain has Brexit. And Boris Johnson. (Although I’ll note that the UK also has 21 Conservative lawmakers who were willing to put the interests of their country above their party. Thus far, that’s 21 more than we have.)

A couple of weeks ago, the Guardian reported on the likely consequences of a “hard Brexit”–the path they are being taken down by Boris Johnson.

No-deal Brexit has never loomed larger than in the current moment. Boris Johnson has said that Britain will leave the European Union on 31 October. His entire political strategy is based on the credibility of his threat to follow through, regardless of whether he has come to an agreement with the remaining 27 members. As a result, the need to understand what no deal may mean in practice has become increasingly urgent.

At the UK in a Changing Europe, we have tried to address this: our report on it is out on Wednesday. We don’t have any inside information. We’re not privy to material that others do not have. But we do have a team of scholars who have spent their careers studying the relationship between the UK and the EU, and so are well placed to consider the potential implications if the UK were to leave in this manner.

What does that increasingly likely no-deal Brexit look like?

No deal means a cliff edge; the full panoply of checks and tariffs will be imposed on our exports to the EU, and cross-border trade in services will face new restrictions.

So trade with the EU will become more difficult and more costly, with those costs being potentially catastrophic for smaller companies that do not have the margins to absorb them.

After noting the probable disruption to trade and freedom of movement, the article highlighted issues that have received less attention:

One little discussed consequence of no deal is that the UK will immediately lose access to EU databases and other forms of cooperation including the European arrest warrant, the Schengen information system and Europol. This will hinder policing and security operations in a world where data is key to solving crime. Nor is it inconceivable, say, that we will witness a rise in organised criminal activity, as gangs seek to profit from this disruption.

And then, there are the problems that have been foreseen, but not solved:

But perhaps the biggest and most dangerous unknown is what happens on the island of Ireland. The UK government has said it will not apply checks and tariffs at the Irish border – a stance which is at odds with its commitments under, inter alia, WTO rules. The EU, however, has made it clear it intends to apply the rules, though whether all checks will be imposed from day one is less obvious. Both sides are likely to blame the other, with unforeseeable political and economic consequences.

Over the longer term, the economy will adjust. But there will be a significant cost. Our earlier research, which analysed the effects of trading with the EU on WTO terms, found that after 10 years this would reduce the UK’s per-capita income by between 3.5% and 8.7%; other credible analyses come to much the same conclusion.

With or without a hard Brexit, the decision to leave the EU will weaken the UK in multiple ways. With or without Impeachment or a “blue wave” in 2020, the U.S. will need a generation–at least–to recover from the systemic damage inflicted by a mentally-ill ignoramus monumentally unfit for the office he holds. If we recover.

The UK and the US are both in a world of hurt because significant percentages of citizens in both countries voted their racism. In England, a vote for Brexit was an anti-immigrant vote; in the U.S., a vote for Trump rewarded his abandonment of dog-whistles in favor of full-throated, unembarrassed bigotry.

As a result, there’s you-know-what in the mess kit.

Comments