Posts Tagged ‘Impeachment’

Poor, Distractible Donald: Impeachment, Pandemic and Hoaxes

April 25, 2020

Poor, Distractible Donald: Impeachment, Pandemic and Hoaxes

 

 

Senator Mitch McConnell, among others, claims that the reason the COVID-19 epidemic in the United States is so serious, and the response to it so inadequate, is because the impeachment of Donald Trump was such a distraction that the government was unable to do any better. Therefore, it isn’t because the Trump Administration is incompetent, or Donald Trump himself is incompetent, or that the entire Republican Party is incompetent; it is because the Democrats were so partisan and unpatriotic that they chose to launch an impeachment investigation of Trump’s attempts to extort political favors from Ukraine. Is there any truth to this?

First, let’s set the timelines out so we can compare them. This is a summary of three separate timelines: one on the impeachment inquiry, one on the COVID-19 pandemic and the last more specifically on Trump’s comments regarding the pandemic. Other information has been included as indicated.

2014: Hunter Biden begins working at Burisma, the Ukrainian energy company.[1]

2016: Victor Shokin, the Ukrainian top prosecutor, is removed for corruption, due to pressure from then Vice President Joe Biden, as well as the European Union and even some Republican senators. Although he later claims it was because he was investigating Burisma, in fact there were no anti-corruption investigations of Burisma until after Shokin was replaced. This is in fact one of the reasons for his removal.

January 13, 2017: A week before taking office, Donald Trump’s incoming administration was briefed on the dangers of a possible global pandemic, including both the fact that it could be even worse than the flu of 1918 and that it was a matter of “when” more than “if.” According to Politico and others, the future presidential advisors and Cabinet members seemed “uninterested.”[2]

May 2018: President Trump disbands NSC committee planning for a future pandemic.

August 2018: President Donald Trump approves military aid to Ukraine, accepting the reports of his administration’s intelligence agencies, diplomatic corps and economic advisors that Ukraine was working to crack down on the corruption that had long been a problem there.

April 2019: Alex Azar, HHS Secretary, together with Tim Morrison, special assistant to the President, warned about the possibility of a pandemic. Azar said the danger of pandemic is what keeps them awake at night.

May 9, 2019: Rudy Giuliani, President Trump’s personal attorney with no official government status, announces that he’ll be investigating Hunter Biden and his role at Burisma.

May 16, 2019: Ukraine’s Prosector General announces that an ongoing investigation has found no evidence of corruption concerning Hunter Biden and Burisma.

July 25, 2019: Despite having already been assured by officials in the Ukrainian government that Hunter Biden was not involved in any corruption, President Trump tells President Zelenskiy of Ukraine that he wants “a favor:” that Ukraine should publicly announce an investigation of Hunter Biden for corruption, an investigation that will also implicate Trump’s political rival Joe Biden.

July-August 2019: Trump Administration pressures Ukraine to publicly announce an investigation of Hunter Biden, despite Ukraine’s previous investigation finding no corruption. The White House and Republicans in Congress are later shown to have been involved in this pressure campaign, which included threats to hold up all aid to Ukraine including defense aid essential for its national survival.

through September 2019: Trump and his administration alternatively admit and deny that they threatened to hold up aid to Ukraine in order to pressure Zelenskiy into investigating Hunter Biden. Leaks of whistleblower complaints, etc. reveal more details, some of which Trump initially denies.

September: House launches impeachment investigation.

September-December 2019: Witnesses testimony, from top U.S. diplomats, foreign policy advisors, intelligence officers and military advisers, contradicts Trump claims, detailing his pressure campaign against Ukraine and affirming that he was not interested in the results of the investigation or whether it showed any actual investigation; Trump only cared that the investigation be announced so that the Biden name would be tarnished. Trump and his aides refused to comply with Congressional subpoenas, not due to “executive privilege” but simply because they said the Executive branch outranks the Legislative branch. This led Congress to consider a new possible article of impeachment: obstruction of Congress. In December the Judiciary Committee of the House of Representatives approves two articles of impeachment: “obstruction of Congress” and “abuse of power.”

Late November-early January: U.S. Intelligence becomes aware of spreading virus in China, holds extensive briefings throughout intelligence and military agencies, culminating in a detailed briefing for Trump in early January.[3]

December 31, 2019: First case of what will later be called COVID-19 reported to World Health Organization in Wuhan, China[4]

January 18, 2020: Trump’s advisors, including HHS Secretary Alex Azar, attempt to convince him that the epidemic in China is serious and the Chinese government is covering it up. He is uninterested, even interrupting the briefing to ask when he can lift the ban on fruit-flavored vaping products. For the rest of January, his staff and advisors attempted to convince Trump that COVID-19 was a serious threat to the nation and to his reelection, but he refused to believe them. Instead, he accepted reassurances from the Chinese government, following a pattern of rejecting the advice of his own intelligence agencies and advisors and accepting the word of foreign dictators.[5]

January 22, 2020: Reporter asks Trump if there are any worries about coronavirus, and he replies, “No. Not at all. And we have it totally under control. It’s one person coming in from China, and we have it under control. It’s — going to be just fine.”

January 24: Trump tweets, “China has been working very hard to contain the Coronavirus. The United States greatly appreciates their efforts and transparency. It will all work out well. In particular, on behalf of the American People, I want to thank President Xi!”

Jan. 28: At a mass rally, Trump refers to the coronavirus as “the Democrats new hoax.” He does not appear to be denying that it exists, but is denying that it is a real danger.[6] This causes a lot of confusion among the press, and even more among less trained listeners.

Jan. 30: Trump blocks travel from China.

The same night, he holds a campaign rally in Iowa.

“We think we have it very well under control. We have very little problem in this country at this moment — five. … we think it’s going to have a very good ending for it.”

Feb. 2: Trump tells Fox News host Sean Hannity, “We pretty much shut it down coming in from China.”

Feb. 6, 2020: Earliest known death in U.S. from COVID-19, in Santa Clara County in California. This indicates that the disease was already established and uncontained in the U.S. before Trump’s travel ban was put in place, as all containment efforts at that time were focused on Washington State.[7]

January-February 2020: After negotiations between House and Senate, the House holds final vote approving articles of impeachment and sends them to Senate. Senate holds impeachment trial and Feb. 2 shows that majority of Americans, including some Republican senators, agree Mr. Trump abused the power of his office for personal political gain. Popular opinion is closely divided on whether or not he should be removed from office, but there is widespread agreement that the House investigation has proven its claims. Trump’s defense, by his attorney Alan Dershowitz, is that his reelection is in the national interest and that therefore anything he does for his own personal political gain is also a matter of national security and therefore legal.

Feb. 4, 2020: During the State of the Union Address, Trump awards the Medal of Freedom to Rush Limbaugh, a highly influential Republican pundit and Trump supporter.

Feb. 5, 2020: Trump acquitted by US Senate in a party-line vote, with the exception of Sen. Romney of Utah who votes with the Democrats to remove Trump from office.

NOTE: After this point, the impeachment is officially over and there is no realistic chance of it being revived.

February 24, 2020: Rush Limbaugh tells his listeners that the coronavirus is “the common cold.”[8]

February 27, 2020: Sean Hannity, a prominent FOX News and talk radio pundit with whom Trump is said to talk by phone nearly every night, attributes concern over coronavirus to “the media mob and the Democratic extreme radical socialist party.”

February 27: Trump supporter Candace Owens mocks concern about coronavirus, calling it “liberal paranoia.”[9]

February-March, 2020: Limbaugh continues his attacks on the medical community and health experts, insisting that COVID-19 is nothing more than the common cold. Sean Hannity continues to denounce concern over the pandemic as “hysteria” and “hoax.”[10]

March 6, 2020: While touring CDC, Trump compares the coronavirus tests to the transcript of his July 25, 2019 phone call that led to his impeachment, saying, “The tests are all perfect like the letter was perfect. The transcription was perfect. Right? This was not as perfect as that but pretty good.”[11] This was after numerous reports that the initial CDC tests were defective and that there was a severe shortage.

March 9, 2020: Trish Regan of FOX Business News denounces coronavirus concerns as a “coronavirus impeachment scam”[12] On his show, Hannity again refers to coronavirus as a “hoax.”

Jan-March 2020: Trump repeats many of these talking points from the conservative media in his briefings, speeches etc.

March 13, 2020: Trish Regan put on hiatus and later permanently dismissed.

March 16, 2020: Trump admits that virus is indeed “very bad” and begins to urge Americans to avoid crowds and so on.

March 18, 2020: Hannity claims that his show had always taken coronavirus seriously and never considered it a “hoax.”

March 24, 2020: Trump says that governors fighting coronavirus have to “be nice” if they want federal help.[13]

March-April 23, 2020: Trump conducts daily briefings on coronavirus; he also uses these briefings to attack political rivals and to make jokes about the “deep state”[14] and having sex with models.[15]   Frequently he is contradicted by his own aids and health experts, either during the briefing or afterwards, as he is presenting misinformation, medically dubious cures and so on.

April 23, 2020: During his daily press briefing, Trump interrupts the presentation of medical information about how UV light and disinfectants can kill the coronavirus to tell his doctors to look into whether it would be possible to use either to kill the virus inside an infected person. The White House spends the next 24 hours trying to respond to mockery of this idea, medical experts explain that both the light and the disinfectant that would kill the virus would also kill people, disinfectant manufacturers issue statements warning people not to drink bleach or Lysol or similar products, and the press describes the president as too “distracted” by politics and media coverage to pay attention to the actual information discussed at the regular White House pandemic response meetings.[16]

 

So yes, the impeachment was a distraction. Trump was so distracted by impeachment that while the impeachment itself was over by Feb. 5, he is still talking about it. His supporters, in government and in the conservative media, were so distracted by the impeachment that they dismissed talk about the pandemic until mid-March, 2020, when Trump, Hannity and others announced that they had in fact always taken the pandemic seriously although their public statements regularly used words like “hysteria,” “hoax” and “conspiracy.” Had the Republican Party and Trump administration begun paying attention to the coronavirus epidemic in February 2020, when the impeachment was over, we could have saved many more American lives.[17] Instead, they were still distracted by the impeachment, which was over by February 5 and was as good as dead as soon as it reached the Republican-controlled Senate which had made clear  before hearing any evidence that they would refuse to remove Trump no matter what. Donald Trump is still distracted by the impeachment, even taking time in April 2020 to punish the Inspector General whose legally-required report to Congress of the whistleblower’s complaint started the impeachment investigation. So yes, as Mitch McConnell says, Donald Trump, as well as the entire Republican Party, the leading personalities at FOX News and other conservative media were all so distracted by the impeachment that even more than a month after it was over they could not seriously talk publicly about the growing pandemic except to call it a second attempt to impeach their President.

But at the same time, from the beginning of his administration, even before he took office, Trump and his team were distracted from the dangers of a possible pandemic, even after they were explicitly warned. Some within the administration saw the dangers and attempted to warn Trump about it, but he was only concerned with political matters like the trumped-up investigation of the Bidens. The nation wasted over two months, dithering instead of preparing supplies and plans: the last month of the impeachment process and then six weeks after impeachment was over, during which the Republican party did nothing.[18] It remained a distraction because Trump and his administration put his own political ambitions ahead of the national security of the nation, obsessing with Ukraine and the efforts to concoct evidence against a political rival rather than with the warnings of their own intelligence and health agencies about a looming national threat. And even today, Trump is so distracted that his own scientific advisors have to fact-check him publicly because he is more concerned with saying whatever he thinks will make people “happy” and help his poll numbers than he is in actually giving true information to people whose lives depend on it. And his supporters, including many in the conservative media and Republican leadership, continue to insist that the whole coronavirus issue is being overblown merely to undermine Trump. They are still distracted. Some are distracted by the chance for financial gain.[19] Some are distracted by their personal political ambitions, or their desire to hurt Democrats and aid Donald Trump even if it costs American lives.[20] Many are distracted, to this day, by the impeachment, continuing to see everything as a plot against Trump. And many, many are distracted by a simple resentment of “elites,” people who have educations and expertise, who have spent decades serving society by learning about health threats without partisan bias, serving the public under administrations of both parties and thus becoming that evil “Big Government” they have been trained to hate and despise by decades of right-wing messaging.

Perhaps we should fire this distractible party, and replace it will a group that actually pays attention to the business of government—-you know, like the party that originally wrote the anti-pandemic playbook which the Trump administration threw out, which established the pandemic-preparedness planning group that Trump fired, and which handled the Ebola and Swine Flu epidemics so that they DIDN’T kill fifty thousand Americans and counting in less than three months.

[1] Elizabeth Janowski, “Timeline: Trump Impeachment Inquiry;” NBC News February 5, 2020 (https://www.nbcnews.com/politics/trump-impeachment-inquiry/timeline-trump-impeachment-inquiry-n1066691)

[2] Nahal Toosi, Daniel Lippman and Dan Diamond, “Before Trump’s Inauguration, a Warning:   ‘The Worst Influenza Pandemic Since 1918’;” Politico March 16, 2020 (https://www.politico.com/news/2020/03/16/trump-inauguration-warning-scenario-pandemic-132797)

[3] Veronica Stracqualursi, “ABC News: US Intelligence Warned of China’s Spreading Contagion in November;” CNN, April 8, 2020 (https://www.cnn.com/2020/04/08/politics/us-intelligence-report-china-coronavirus/index.html)

[4] CNN Editorial Research, “Coronavirus Outbreak Timeline Fast Facts;” CNN April 22, 2020 (https://www.cnn.com/2020/02/06/health/wuhan-coronavirus-timeline-fast-facts/index.html )

[5] Caroline Kelly, “Washington Post: US Intelligence Warned Trump in January and February as he Dismissed Coronavirus Threat;” CNN March 21, 2020 (https://www.cnn.com/2020/03/20/politics/us-intelligence-reports-trump-coronavirus/index.html)

[6] Bethania Palma, “Did President Trump Refer to Coronavirus as a ‘Hoax’?” Snopes March 2, 2020 (https://www.snopes.com/fact-check/trump-coronavirus-rally-remark/)

[7] Dennis Romero, “1st US Coronavirus Death was Weeks Earlier than Initially Believed;” NBC News April 22, 2020 (https://www.nbcnews.com/news/us-news/first-u-s-coronavirus-death-happened-weeks-earlier-originally-believed-n1189286)

[8] Jonathan V. Last, “The Malicious Irresponsibility of Rush Limbaugh;” The Bulwark April 2, 2020 (https://thebulwark.com/newsletter-issue/38752/)

[9] Jeremy W. Peters, “Alarm, Denial, Blame: The Pro-Trump Media’s Coronavirus Distortion;” The New York Times April 1, 2020 (https://www.nytimes.com/2020/04/01/us/politics/hannity-limbaugh-trump-coronavirus.html)

[10] Aaron Rupar, “Hannity Claims He’s ‘Never Called the Virus a Hoax’ 9 Days after Decrying Democrats’ ‘new hoax’;” Vox March 20, 2020 (https://www.vox.com/2020/3/20/21186727/hannity-coronavirus-coverage-fox-news)

[11] Chas Danner, “Trump Says Coronavirus Testing is as ‘Perfect’ as his Phone Call;” Intelligencer March 6, 2020 (https://nymag.com/intelligencer/2020/03/trump-coronavirus-testing-as-perfect-as-ukraine-call.html)

[12] Matt Wilstein, “Fox Business Ditches Trish Regan After Coronavirus ‘Impeachment Scam’ Rant;” Daily Beast March 28, 2020.

[13] Aaron Rupar, “Trump Commits to Helping Blue States Fight the Coronavirus——If Their Governors Are Nice to Him;” Vox March 25, 2020 (https://www.vox.com/2020/3/25/21193803/trump-to-governors-coronavirus-help-ventilators-cuomo)

[14] Jake Lahut, “Dr. Anthony Fauci Did a Facepalm After Trump Mentioned the ‘Deep State Department’ in a Wild Coronavirus Briefing;” Business Insider March 20, 2020 (https://www.businessinsider.com/dr-anthony-fauci-did-a-facepalm-during-trumps-coronavirus-briefing-2020-3)

[15] Matthew Wright, “President Trump is Eviscerated on Social Media for Making a Tasteless Joke About Being ‘Involved’ with Models as He Talks About Coronavirus DEATH Trajectory;” Daily Mail April 4, 2020 (https://www.dailymail.co.uk/news/article-8187225/Trump-makes-joke-involved-models-talks-coronavirus-DEATH.html)

[16] Kevin Liptak and Kaitlan Collins, “How a Media-Distracted Trump Ended Up Derailing His Own Briefing;” CNN April 25, 2020 (https://www.cnn.com/2020/04/25/politics/donald-trump-coronavirus-task-force-science/index.html)

[17]Stephen Collinson, “Trump Sees ‘LIght at the End of the Tunnel’ at Start of ‘Pearl Harbor’ Week;” CNN April 6, 2020 (https://www.cnn.com/2020/04/06/politics/donald-trump-coronavirus-history-health-economy/index.html)

[18] Jonathan Alter, “Trump’s Lost Months Are Killing Us. Here’s How to Make Them Politically Fatal for Him;” The Daily Beast April 4, 2020 (https://www.yahoo.com/news/trump-lost-months-killing-us-011244950.html)

[19] Matthew S. Schwartz, “Missouri Sues Televangelist Jim Bakker for Selling Fake Coronavirus Cure;” NPR March 11, 2020 (https://www.npr.org/2020/03/11/814550474/missouri-sues-televangelist-jim-bakker-for-selling-fake-coronavirus-cure)

[20] Scott Bixby, “DeVos Has Deep Ties to Protest Group, but is Quiet on Tactics;” Daily Beast April 21, 2020 (https://www.thedailybeast.com/devos-has-deep-ties-to-michigan-protest-group-but-is-quiet-on-tactics)

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 7)

March 28, 2020

In addition to the past and the present, the attempt to remove a sitting political office holder may be motivated by the future—that is, by anticipation of what he or she will do. This may seem unjust; and were impeachment a legal proceeding it would be, since we would be punishing someone for something he or she has not in fact done. But removing a leader is not a legal act, but rather a political one. That is not to say justice and morality are irrelevant, but only to say they are different.

From the time he was elected, before he had taken office, Obama faced calls for his removal based on acts he was expected to take. He would impose Sharia law. He would confiscate all firearms, in violation of the Second Amendment. He would arrest all observant Christians. He would imprison his political enemies. He would abolish capitalism and impose a communist system. He would impose black supremacy and strip white people of their rights as citizens. He would throw open the borders and allow immigrants from Mexico and other southern countries to pour in unimpeded and uncounted, to collect Social Security and to vote in our elections. And in fact, these fears motivated some people to extreme actions. A white woman carved a B into her own face, claiming to police that she’d been attacked by black men saying that now Barack was president and they could do whatever they wanted; she was caught because she’d used a mirror and therefore carved the B in her face backwards.[1] The Republican governor of Texas called for the Texas State Guard to watch the U.S. Army’s “Jade Helm 15” exercises because of widespread fears that Obama was going to declare martial law and imprison his enemies in abandoned Walmarts.[2] These fears about Obama’s plans, and the rhetoric and action they provoked, led liberals to give the whole phenomenon its own name: Obama Derangement Syndrome.[3] The thinking here was that large numbers of otherwise sane and well-informed people (as well as many who weren’t) were particularly prone to believe conspiracy theories about President Barack Obama, and sometimes even to act on those fears.[4] Conservative politicians sometimes encouraged these beliefs, by saying that they “understood” these concerns, or by threatening armed resistance against the U.S. government if it carried out its alleged intentions; other conservative politicians denounced these beliefs and conspiracy theories.

Donald Trump, also, faced calls for his impeachment “from Day One” and beyond, at times based on things that he would do. It was alleged that he would use his office to enrich himself, that he would appoint corrupt and/or biased officials to important posts, that policy would be dictated by political agendas and flattery of the President rather than by science or competence, that hate crimes would rise, that the U.S.A. would become an international laughingstock, that Russia and other foreign powers would use money and favors to promote policies that weakened the United States, that religious groups other than Evangelical Christians would be discriminated against, that the environment would be degraded, that taxes on the rich would be slashed and then, citing budget shortfalls, programs such as Social Security would be gutted, that national immigration policies would be dictated by racism rather than morality or facts, and so on. Mr. Trump’s defenders in turn began to denounce “Trump Derangement Syndrome.”

We could even say that this sort of prognostication has made it into the official record of the United States Senate. Adam Schiff, arguing for Donald Trump’s removal from office, did not appeal only to his past and present actions, but also to his future acts if he continued to hold the reins of power. He said:

 

 

 

“We must say enough — enough! He has betrayed our national security, and he will do so again,” Schiff, D-Calif., told the Senate. “He has compromised our elections, and he will do so again. You will not change him. You cannot constrain him. He is who he is. Truth matters little to him. What’s right matters even less, and decency matters not at all.”[5]

 

 

 

Rep. Schiff was arguing, essentially, that based on his past behavior and expressed intentions, Donald Trump will commit acts that break the law, violate the Constitution and endanger the nation. Therefore, he should be stripped of political power not only because he has abused his office, but even more because of what he will do in the future.

The future, by definition, has not and does not exist; it is only possibility. Therefore, any action undertaken based on future events is problematic. But as Locke points out, sometimes it is necessary. To tell people they can only resist tyranny when the tyrant has seized power and clapped them in irons is at best pointless, if not sheer mockery. It would be like telling passengers who find that the ship they are on is taking them to the slave market in Algiers that they can do nothing because, after all, the captain is the captain, you must trust his judgment and authority, and that if you believe he is abusing his power then you can exit the ship just as soon as it reaches its destination and choose a ship with a new captain. At the same time, to mutiny three days out of dock, just because the ship was heading south and the captain has dark skin like an Algerian slaver, would also be insane. Locke, true to his empiricist philosophy, says we should base our judgment on observation and induction. If the captain repeatedly aims towards Algiers, despite repeated obstacles and repeated assurances that he’d never do such a thing, then it is reasonable to draw conclusions regarding his true intentions and to act on those conclusions. And if a politician with executive power should repeatedly act against the laws of the nation, against the expressed wishes of the people, putting his or her personal interests ahead of the general welfare, deceiving and suppressing liberty, it is reasonable to assume that he or she is actively seeking tyrannical power over the nation, and to act to stop this.

The reasons why conservatives were so convinced that Obama had tyrannical intentions were always a mystery to those of us who don’t watch Alex Jones or listen to Rush Limbaugh. Many of the anti-Obama (and later, anti-Clinton) charges seem insane, such as Pizzagate and the claims about NASA pedophile camps on Mars. The actual record of Obama, the actual evidence of his intentions, came largely from his bibliography and his having attended a UCC church led by the Afrocentric theologian Rev. Jeremiah Wright. The publicly available facts were that Barack Obama’s father was African, Muslim and anti-colonial; however, he had relatively little to do with raising Barack, who was instead brought up by his mother after his father left them. She was white, and while she was progressive for her time she had worked more intensely to insure her son was raised with so-called “middle class” values like education, hard work and caring for his fellow Americans than many conservative parents can boast. Aside from his skin, name and having spent part of his childhood in foreign countries, he had a childhood that many conservative politicians would have envied. He was attacked for having been a community activist, which conservative pundits claimed showed he was a radical revolutionary; but George H. W. Bush famously praised individual activism as “a thousand points of light” shining the way for the nation. And while Rev. Wright’s rhetoric can be fiery, as a freshman senator Obama’s behavior was not particularly shocking. Returning to Locke’s analogy, it was as if the new captain had said, “I’ve heard the climate in Algiers is nice this time of year, and they have some beautiful buildings,” but then had sailed a normal course. Maybe you’d want to watch him, but there’d be too little real evidence to make a reasonable claim that he was sailing to Algiers. And as President, the evidence was even more mixed: while there were certainly policy disputes and power struggles with the Congress whose leadership had declared that its top priority was to make him a one-term president, he never attempted to impose Sharia, confiscate all guns, or carry out any of the dire predictions made of him. He complied with court rulings regarding Congressional subpoenas, made his Secretary of State and other officials available for multiple public and private hearings, and generally behaved as we had always expect a president to behave. He never declared opposition to the Constitution, which he had taught and studied before becoming president; and his actions were mostly consistent with his words.

Donald Trump had a much longer public record, being both much older and much more famous before his election. He had said that he was genetically superior to most Americans, who lack his intelligence and industriousness and therefore allow themselves to be led by the superior men like himself.[6]   He attributes his success, and the failures of people like coal miners, to his own natural superiority and their inferiority.[7] To many, this sounds far more ominous than Obama having said he liked Rev. Wright and then hearing that Wright had said God should “damn America” for the sins of racism and the slave trade. After all, Obama didn’t explicitly endorse this claim by Wright; but Trump does endorse eugenics, which disturbs some people.[8] Claims by his ex-wife that he owns and reads a collection of Hitler’s speeches also raises concerns.[9] Add to that his divorces and bankruptcies, which together imply a lack of commitment to his promises, his legal history including lawsuits by employees and business partners he’s refused to pay, fines for racial discrimination at his properties, multiple acts of sexual assault, accusations of fraud at Trump University and other cases, most of which he settled rather than take to trial, and many people had serious doubts about his character. The Mueller Report and impeachment hearings revealed a pattern, witnessed and sworn to by many people, of obstruction of investigations which were lawful but he deemed “unfair,” as well as calling for investigations of people he disliked without any legal grounds, all to help his career. Furthermore, millions of dollars of taxpayer money have been spent at his properties, suggesting ongoing corruption; and his repeated claims that he deserves a third term and his complaints that various aspects of the Constitution are bothersome strongly suggest that he is not particularly devoted to the Constitutional limits on his power. These are some of the points of evidence that lead Congressman Schiff, and millions of others, to fear that Donald Trump is at best a compulsive, serial crook with unwitting or unreflective tyrannical tendencies, and at worst a full-blown authoritarian seeking to undermine our democratic institutions so he can add the United States of America to his business empire as one more hostile takeover.

By Locke’s standards, then, there was little ground to remove President Obama, and it is not surprising that he was not impeached and that he won reelection. The claims that he was an usurper, or that he had otherwise committed crimes that were disqualifying, were proven untrue by the standards we generally use to prove any historical fact. In other words, if we don’t know Obama was born in Hawaii, we really can’t say we know anything that happened which we did not actually see. Historical documents, eyewitnesses, and the coherence of evidence all testify that the Holocaust was a terrible crime, that the American Revolution led to the United States of America being formed from the thirteen British colonies, and that Barack Obama was born in Hawaii and thus legally fit to hold office as President of the United States. Continued denial of these or any other facts backed by evidence of like quality is akin to psychosis.

Acts done during his presidency were occasionally challenged and denounced, but none were shown to warrant impeachment. His use of executive orders and his power struggles with the Congress headed by an opposing party were consistent with what we have seen in the past, and less extreme than what we witnessed during the Reagan administration and some other recent presidencies.

As to removal due to his future acts, these proved to be the most baseless. He never claimed any intention to do much of what conservative politicians and right-wing media said he was certainly planning to do, and in fact he never did. He never grabbed our guns, imposed Sharia, shuttered Christian churches, ceased deporting illegal immigrants, never arrested political opponents, never declared martial law, never sought to ban private health care or “socialize medicine,” nothing. While it is easy to see why many might have been alarmed at the rhetoric of Rev. Wright, the fact is that the American people did not elect President Jeremiah Wright; they elected President Barack Obama, who proved to be a steady, calm, clear communicator willing to talk to and listen to all sorts of people. And if there was any thought that he would betray the U.S. to the terrorists or wasn’t committed to fighting terrorism because he wouldn’t use the words “Radical Islamic Terrorism,” those fears were largely dispelled when he ordered the killing of Osama bin Laden.

By contrast, many (not all) of the concerns about Donald Trump have turned out to be well-founded.   He was fined for racist discrimination in his rental properties and admitted racist statements towards employees.[10] He bragged about committing sexual assault, then denied it, then threatened to sue the dozens of women who accused him of rape, groping, barging in on them while they were changing at the beauty pageant he owned, in short accused him of the very behavior he had boasted, but he never sued at all or testified under oath about their claims. He paid fines relating to various charges of fraud, including Trump University, a breaking scandal during the election for which, as soon as the election was over, he agreed to pay fines and damages. His campaign was accused of having improper connections to Russia and other foreign governments; since the election multiple campaign leaders and close Trump advisors have pleaded guilty or have been convicted of these charges. The Mueller report concluded that while there was no actual “conspiracy,” that was largely because the Trump campaign was too inept and too rent by personal rivalries among his staff to effectively conspire, and his administration was too weak to deliver on promises made to Russia because they feared looking like they were beholden to Putin—which, apparently, they were. Mueller also described ten separate instances of obstruction of justice carried out by Mr. Trump, intended to block investigation of Russian assistance to his campaign. Thus there were instances in the past that suggest that he was morally and psychologically flawed, and unlikely to be a good president. There is even some evidence that his campaign might have been illegal. In the end, though, there is nothing in the Constitution that says a lying, neurotic criminal can’t run for President. Even one with business ties to hostile foreign dictators can run, though he is supposed to be forbidden from actually holding presidential power while receiving income from foreign investments (U.S. Constitution Article 1, sect. 9, clause 8). So in that sense, the charges against Donald Trump were never as disqualifying as those against Obama; if the charges against Obama had a shred of truth in them, they could have barred him from even running for office. The charges against Trump were therefore less serious, in that sense; they were more serious in that they were put forward by people who meant them seriously—that is, who actually believed them and had evidence and reasons for those beliefs, rather than simply making baseless accusations to try to score political points by playing to paranoid delusions.

The evidence that Donald Trump is an usurper is weak; there has been no solid evidence that any votes were changed to get him elected, and even if his campaign did conspire with foreign governments the prescribed penalty would be a fine, not removal from office. The evidence that he is now a full-blown tyrant is also weak, being largely a matter of interpretation; he may be a corrupt authoritarian who is openly trying to rig his reelection and abusing his power in the process, but his abuses do not strike most people as directly barring them from what they want to do. But the evidence that he wants to exercise tyrannical power, wants to subvert representative democracy and undermine the other branches of government, is abundant and glaring. His words, his actions, the testimony of his confidants and aides all point towards this, just as if the captain should persistently steer towards Algiers. Even though, when circumstances or protests dissuade him, he might temporarily set another course, he always returns towards his original destination. It is therefore permissible, and I would say it is morally necessary to oppose him, before he can deliver the entire “ship of state” to the port of bondage. The only real question is what sort of resistance is required or allowed.

[1] “Cops: McCain Worker Made Up Attack Story;” CBS News October 24, 2008 (https://www.cbsnews.com/news/cops-mccain-worker-made-up-attack-story/)

[2] Jonathan Tilove, “Abbot Directs State Guard to Monitor Operation Jade Helm 15 in Texas;” Statesman September 25, 2018 (https://www.statesman.com/NEWS/20160923/Abbott-directs-State-Guard-to-monitor-Operation-Jade-Helm-15-in-Texas) also Matthew Yglesias, “The Amazing Jade Helm Conspiracy Theory, Explained;” Vox May 6, 2015 (https://www.vox.com/2015/5/6/8559577/jade-helm-conspiracy)

[3] Ezra Klien, “Obama Derangement Syndrome;” Vox February 23, 2015 (https://www.vox.com/2015/2/23/8089639/obama-derangement-syndrome)

[4] Algernon Austin, “How Being an Obama Hater Warps Your Mind;” HuffPost October 21, 2015 (https://www.huffpost.com/entry/how-being-an-obama-hater_b_8347142)

[5] Dareh Gregorian, “Schiff’s Powerful Closing Speech: ‘Is There One of You Who Will Say, Enough!’?” NBC News February 5, 2020 (https://www.nbcnews.com/politics/trump-impeachment-inquiry/closing-argument-democrats-say-not-removing-trump-would-render-him-n1128766)

[6] Caroline Mortimer, “Donald Trump Believes He Has Superior Genes, Biographer Claims;” Independent September 30, 2016 (https://www.independent.co.uk/news/world/americas/donald-trump-president-superior-genes-pbs-documentary-eugenics-a7338821.html)

[7] Nate Hopper, “Donald Trump Once Worried About Coal Miners Getting ‘Black-Lung Disease’ from ‘Damn Mines’;” TIME June 1, 2017 (https://news.yahoo.com/donald-trump-once-worried-coal-215437514.html)

[8] Marina Fang & JM Rieger, “This May Be the Most Horrible Thing that Donald Trump Believes;” Huffington Post September 28, 2016 (https://www.huffpost.com/entry/donald-trump-eugenics_n_57ec4cc2e4b024a52d2cc7f9)

[9] Marie Brenner, “After the Gold Rush;” Vanity Fair September 1, 1990 (https://www.vanityfair.com/magazine/2015/07/donald-ivana-trump-divorce-prenup-marie-brenner)

[10] Michael D’Antonio, “Is Donald Trump Racist? Here’s What the Record Shows;” Fortune June 7m 2016 (https://fortune.com/2016/06/07/donald-trump-racism-quotes/)

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 6)

March 21, 2020

I wrote this before the COVID-19 outbreak, and therefore it does not address this rapidly-changing situation.  It may seem like a lifetime ago that we were discussing impeachment and abuses of power.  However, these are still important questions; besides, I hate loose ends and I have time on my hands, so I want to go ahead and finish.

A president (or other executive) might also be removed based on the present facts; not that he or she is an usurper, but rather that he or she is acting as a tyrant. Obama faced repeated calls for his impeachment, not only by FOX News and other conservative opinion makers but also by Republican lawmakers such as Darrell Issa and Tim Scott. The more substantive arguments alleged abuse of power, in that Obama’s executive orders were said to either go beyond Congressional authorization or to refuse to enforce Congressionally-passed laws. However, none of these claims ever really went anywhere, and it is debatable whether even the people making these charges really believed them; there was a general pattern of calling for Obama’s impeachment during the election season, and dropping the topic once the election was over.

Donald Trump likewise faced calls for his impeachment based on abuse of power; or in Locke’s terms, that he was exercising power which neither he nor anyone had a right to, and thus was acting as a tyrant. A partial list of these reasons include:

  1. Violations of the Constitution’s “Emoluments Clause,” which states that a President may not receive income from foreign persons, powers or properties while in office. Unlike past presidents, Trump has held onto his extensive business empire including business dealings with Russia (which he sought to hide, according to the Mueller Report), investments in Turkey (which even he admits cause “a little conflict of interest”[1]), Saudi Arabia, Qatar, and many other countries, as well as domestic properties that receive much of their income from foreign nationals and governments.
  2. Ten acts of obstruction of justice, as this is defined in law, and as documented in part II of the Mueller Report.
  3. Obstruction of Congress and solicitation of foreign interference in our nation’s elections, violating election law and soliciting a bribe. These last two actually resulted in articles of impeachment being passed by the House of Representatives.

So whereas Obama faced continuous calls for impeachment which never materialized, Trump was in fact impeached based not on past disqualifications but on his present actions. What was the difference?

Locke points towards an answer with his chapter “Of Prerogative.”[2] Locke accepts that no legal system could possibly predict all contingencies, and therefore assumes that a civil government will allow its magistrates to exercise their power at their own discretion. He even accepts that a judge, sheriff, or even a king (or president or other chief executive) might violate the letter of the law. What matters to Locke is the motivation behind this act. Locke distinguishes between proper perogative and abuse of this power by citing the welfare of the people, writing:

 

 

 

But since a rational creature cannot be supposed, when free, to put himself into subjection to another, for his own harm; (though, where he finds a good and wise ruler, he may not perhaps think it either necessary or useful to set precise bounds to his power in all things) prerogative can be nothing but the people’s permitting their rulers to do several things, of their own free choice, where the law was silent, and sometimes too against the direct letter of the law, for the public good; and their acquiescing in it when so done: for as a good prince, who is mindful of the trust put into his hands, and careful of the good of his people, cannot have too much prerogative, that is, power to do good; so a weak and ill prince, who would claim that power which his predecessors exercised without the direction of the law, as a prerogative belonging to him by right of his office, which he may exercise at his pleasure, to make or promote an interest distinct from that of the public, gives the people an occasion to claim their right, and limit that power, which, whilst it was exercised for their good, they were content should be tacitly allowed.[3]

 

 

 

Since the legislature cannot predict every contingency, some leeway must be granted to the executive. The local or national government may act without direct mandate from the law or even seemingly against it. For example, Locke says that if tearing down the house of an innocent man is the only way to stop a fire from spreading and destroying the city, the executive authority on the scene may do so. This is because the people form and assent to government for their own good, and particularly for the preservation of the lives of every one of them. If strict adherence to the law, or inaction until the legislature can convene and issue a relevant law is to lead to the death or suffering of people, then the executive branch of the government must act immediately. Likewise, Locke argues, there may be a person who is technically guilty of breaking the law, but has acted for the good of all and in fact deserves reward and honor rather than punishment; in this case, Locke says, the executive is empowered to pardon this person.[4] Always, the test is whether the act of prerogative is performed as a service to the people and for the good of the community as a whole, or as a right of the executive to act according to his or her own welfare and desires.

Obama faced repeated calls for his impeachment based on his actions at the time, which we call “executive orders” and Locke would define as “prerogative.” Often these calls came from extremist websites and pundits such as InfoWars, but at times the threats came from elected officials or former officials within the Republican party. One particular flash point was immigration.[5]   During the Obama administration there was a rise in border crossings, including both asylum seeking and attempts to sneak across the border undetected. Obama raised the ire of many liberals by deporting large numbers of undocumented and would-be immigrants, even being called “Deporter-in-Chief” by some. However, he issued one of his most controversial executive orders when he announced that the so-called “Dreamers,” children of undocumented immigrant parents who had perhaps lived in this country since infancy, would not be deported. Essentially, the Obama administration announced that it would prioritize deportations, seeking to remove criminals first, and deporting last (if at all) people who had lived in this country for years or decades and who had no part in choosing to immigrate since they were children at the time. This was claimed to be a failure to enforce the laws of the nation, and thus a violation of the Presidential oath of office; it was also alleged that this was done for partisan reasons since the immigrants would presumably vote Democrat. It was even alleged, without any proof and even against all evidence, that large numbers of undocumented immigrants would or had voted Democrat. However, these calls for impeachment may have been mere rhetoric, and in any case they failed to stir any serious impeachment attempt. Obama was able to argue, in courts and to the public, that it was a necessary part of his office to enforce the laws as he thought best for the American people, and that included prioritizing deportations of dangerous undocumented immigrants first, then the unproductive, rather than targeting those who were contributing to the welfare and economy of the nation and hadn’t even chosen to break immigration law in the first place. In Locke’s terms, this seems to be a legitimate exercise of prerogative; and the argument for this was reinforced by the fact that Obama was in fact vigorously enforcing immigration law overall. So long as he was seen as going after what would later be called “bad hombres” few people really cared if he ignored or protected “Dreamers.”

Donald Trump likewise faced calls for impeachment for some of his acts of prerogative. He has publicly suggested pardons for people under investigation for crimes allegedly committed on his behalf, such as Michael Cohen, so long as Cohen refused to cooperate with prosecutors. This is mentioned as one of the possible acts of obstruction of justice found by the Mueller investigation. As Locke says, a legitimate act of prerogative would be to pardon someone who acted against the law, but for the good of the nation; but in this case a pardon was offered for someone whose actions had no benefit for anyone but the president.[6] But while such actions as these were potentially impeachable, Trump faced actual impeachment and trial for his acts of prerogative in attempting to pressure Ukraine, an ally under attack by its stronger neighbor Russia, into doing political favors for him. He used the power of his office to delay promised aid and to withhold a public meeting that would signal U.S. support of Ukraine. Trump then attempted to hide what he was doing from Congress and the people. When the story finally came out, he defended himself by pointing out that Obama had also delayed aid to an ally, Egypt, so it was his right as President to do so. However, Obama had delayed aid because there had been a coup in Egypt; in other instances, there were concerns over corruption in the recipient country. In this case, all relevant agencies had determined that Ukraine needed the military aid promised by Congress, that it was meeting its obligations to fight corruption so the money would be properly spent, and that the aid was urgently needed. The only reason to delay the aid, it seems, was to pressure Ukraine to announce an investigation of one of Trump’s political rivals in an attempt to help Trump’s reelection campaign.

The defense against this claim of abuse of power obliterates the distinction Locke drew between proper prerogative and acts of tyranny.[7] Trump lawyer Alan Dershowitz argued that anything a president does for the good of the nation cannot be considered an abuse of power. Since every politician thinks his or her own reelection is for the good of the nation, anything a sitting public official does to aid his or her own reelection is thus for the good of the people, and a legitimate act of prerogative. While Mr. Dershowitz concedes that a President demanding a contribution to his personal bank account might be impeachable, his efforts to cover up or impede an investigation into this crime would not be; and in any case, demanding some other payoff such as a political favor would not be. While Locke, and our Founding Fathers guided by Locke’s philosophy sought to distinguish between prerogative done for the good of the people and abuses of power done for the benefit of a corrupt politician, the Trump Party has said there is no difference since whatever is done to benefit the political office holder is by definition “for the good of the nation.” Or, as an earlier politician put it, “L’état, c’est moi.”

[1] Russ Choma, “Reminder: Trump Has a Massive Conflict of Interest in Turkey;” Mother Jones Oct. 7, 2019 (https://www.motherjones.com/politics/2019/10/reminder-trump-has-a-massive-conflict-of-interest-in-turkey/)

[2] Locke, Chapter XIV

[3] Locke, sect. 164

[4] Locke, sect. 159-61

[5] Erika Echelburger, “These 7 Conservatives Would Impeach Obama Over Immigration;” Mother Jones November 14, 2014 (https://www.motherjones.com/politics/2014/11/obama-executive-order-immigration-republican-impeachment/)

[6] Bart Jansen, “Trump Repeatedly Tried to Impede the Russia Probe, Mueller Report Says. Was it Obstruction?” USA Today, July 23, 2019 (https://www.usatoday.com/story/news/politics/2019/04/18/mueller-report-evidence-for-and-against-obstruction-president-trump/3405039002/)

[7] Charlie Savage, “Trump Lawyer’s Impeachment Argument Stokes Fears of Unfettered Power;” The New York Times January 20, 2020 (https://www.nytimes.com/2020/01/30/us/politics/dershowitz-trump-impeachment.html)

Usurpation, Tyranny and Sailing to Algiers: How Bad Does It Have to Get? (pt. 5)

March 11, 2020

Application: Human action may be motivated by the past, the present or the future.

Actions are motivated by the past when we act because of something that has happened, or failed to happen in the past. For example, a society may punish a lawbreaker because that person did something terrible and society (or a judiciary acting in its behalf) has decided that this criminal “deserves” to be punished. Or, you may give someone $20 because in the past you agreed to pay him to cut your lawn, and he did in fact cut your lawn.

Actions are motivated by the present when they are reactions to something occurring now. If the police see a crime in progress and arrest the perpetrator, that action was motivated by the present. If you cry or laugh at a movie, it is because you feel emotions prompted by what is occurring in the present.

Actions motivated by the future are a bit more complex, because the future was not and is not, but might be. It is possibility. The agent is thus taking a particular actual action in anticipation of what the future might be. It could be argued that this is really a species of present motivation, because the immediate motivator is one’s present fear, desire or anticipation, and that subjective motivating feeling is actual in the present. But it is still useful to draw a distinction between actions motivated by present actualities versus actions motivated by anticipations of the future. For one thing, the latter are much more fraught. One may anticipate future rain and end up lugging an umbrella around on a dry day. One may marry because one believes the beloved will be a good life-partner, only to find that one or both of you is not up to a lifetime bond. The Precogs may name the wrong future criminal. It is thus a useful act of humility to remember that while one is immediately responding to one’s current fears or hopes, the future circumstances one is anticipating may be totally wrong. However, humans are creatures that plan. We live towards the future, which we anticipate as best we are able.

Why might one resort to force, or other methods of resistance, to try to remove a governmental leader such as a constitutional monarch in Locke’s day, or a president in ours? One might do it because the person holding the office did not deserve it or was not qualified due to some past circumstance. One could claim that the current office-holder was in fact an usurper, who did not come to the office legitimately and thus did not deserve to hold it now. Barack Obama faced calls for his impeachment from the moment he took office, and in some cases even before.[1] During and after the 2008 election for President of the United States of America, Obama was alleged to be, in essence, an usurper, not qualified to hold the office of President because he was not born a citizen. Since this claim allegedly rested on past circumstances, it was addressed most directly by simply producing evidence from the time to show the claim was false; this was done when documentary and journalistic evidence was produced of equivalent quality to that considered adequate to prove any other historical event. Legal documents, contemporary news announcements and eyewitness testimony was offered to show that Barack Obama was in fact born in Hawaii, and that his mother was a U.S. citizen. Despite this evidence, calls for his removal based on the “birther” conspiracy theory continued for years, most notably from Mr. Donald Trump.

Donald Trump has said that he faced calls for his removal “from Day One,” and that is true. Even before he took office, there were many who said he had committed crimes during his campaign that should have been disqualifying. Others said that he had lost the popular vote and thus did not have a mandate from the people. However, the alleged crimes were at that time unproven, and winning the majority of the popular vote is not in fact required under our Constitution. More serious were the charges that the vote had been manipulated and hacked, and that were it counted accurately he would have lost even the Electoral College vote.[2] If there had been a serious investigation, it might have shown that Donald Trump is in fact an usurper, and should be removed from office immediately. Of course, it might also have simply verified the official results. It might even have shown nothing, since many of the districts where Trump did best were districts that had easily-hacked voting machines with no paper record of the votes cast. In any case, no such serious attempt to verify the election was made, as Ms. Clinton chose to accept defeat rather than contest the election.

To be continued…

[1] Shane Croucher, “Donald Trump Claims Republicans ‘Never Even Thought of Impeaching’ Barack Obama. History Tells a Different Story;” Newsweek 10/22/2019 (https://www.newsweek.com/trump-obama-impeachment-republicans-democrats-1466865)

[2] Dan Merica, “Computer Scientists Urge Clinton Campaign to Challenge Election Results;” CNN, November 23, 2016 (https://www.cnn.com/2016/11/22/politics/hillary-clinton-challenge-results/index.html)

Star Trek and Impeachment:  how long should the impeachment trial last?  As long as Capt. Picard says it should.

December 26, 2019

Star Trek and Impeachment:  how long should the impeachment trial last?  As long as Capt. Picard says it should.

Counselor Deanna Troi: [explaining] While they’re learning how to communicate with Riva, they’ll be learning how to communicate with each other.
Lt. Commander Data: [interpreting] And that is the first and most important aspect of any relationship.

—–from Star Trek, The Next Generation, season 2, episode 5, “Loud as a Whisper” (1989, Paramount Studios)

     The fundamental divide within our nation is not religious, political or even moral; it is epistemological. We do not see the same reality, so how could we hope to agree on solutions? Some even claim there is no “reality,” just a war of wills between those with “facts” and those with “alternative facts.” Did Donald Trump commit crimes worthy of impeachment? How can we agree, when we don’t even agree with what a “crime” is, what words like “I’d like you to do us a favor though” mean, what “interference” in an election means, or any other independent reality?
If Donald Trump is removed from office, that will not heal the divide in our nation. If Donald Trump is quickly acquitted, that will not heal the divide in our nation. While polls suggest that most people agree that he did things that are immoral and unfit for our nation’s leader, there is debate even there about whether the crimes were “high” enough to justify impeachment. And some people, looking at the same evidence, claim there is no crime at all, not even a questionable act.
Every major intelligence agency of our nation agrees that Russia, and Russia alone, illegally interfered in the 2016 elections. Even the U.S. Senate Intelligence Committee, run by Republicans, agrees that this is true. Yet Republican senators, who supposedly listened to those reports and who voted to accept those reports into the Congressional record as facts, publicly deny them. Often they simply refuse to even look at such evidence at all, preferring the news feed from RT over any direct briefing from the CIA.
This is not political partisanship. This is epistemological apartheid: two populations side-by-side, with no language in common, no shared reality, virtually forbidden to communicate with one another. Is there an escape from this trap?
If anyone knew (or will know, it gets confusing) political impasses, it was (will be?) Capt. Jean-Luc Picard of the USS Enterprise. Thousands of inhabited planets, each with radically different cultures, languages, histories and values, each with competing interests, and one diplomatic misstep could lead to war that could possibly extinguish any or all of these and kill billions of sentient beings. While he had an arsenal of weapons at his command, often the problems were those that could not be solved by a war of wills or weapons. Often the task was to end a war, or stop one before it started. In such situations, what was needed was communication: and before that, the foundation of communication, a shared reality.
Two examples come to mind. The first is from Star Trek, TNG’s second season, the episode “Loud as a Whisper.” The story revolves around a planet which has virtually destroyed its civilization through warfare, and now has finally decided to seek peace between the two enemy factions. They have requested a famous diplomat from another planet, someone with no ties to either side, to mediate between them. The diplomat is actually mute; he has an extrasensory bond with three interpreters, who express his thoughts and emotions. However, at the first peace meeting, one of the two negotiating parties attempts to kill the mediator rather than give up the war that has defined his life. The assassination attempt fails because everyone else realizes that endless war is pointless; the assassin is tackled and his shot goes wild, missing the diplomat but raking his interpreters with deadly fire. Suddenly, this great negotiator is not only deprived of his greatest tool—-his “chorus” of interpreters who provided him not only a voice but also different perspectives——but he is now unable to communicate. He uses a sign language that no one on the ship understands. He is isolated, and the two sides have no mediator.
This seemingly insurmountable problem becomes an asset. Both delegations still want peace and want the mediator to resume his work. He cannot do this without a way to communicate. He resolves therefore to teach them his sign language. By learning to speak to him, they’ll be learning to speak to each other, something they have not done for more than a generation of constant warfare. It may take many months before any but the most rudimentary communication between the mediator and the warring parties is possible, but the whole time they will be engaged in the joint project of learning this new skill, working together, and helping the diplomat help them. The fact that it will take months or maybe years is an asset; they’ve been killing each other for years, and the war was never going to end in a day. This first, drawn-out project will be the start of their reconciliation.
The second episode I thought of was “Darmok.” In this case, an alien culture is seeking to negotiate directly with the Federation and with Capt. Picard. While they have technology that allows them to understand the words each is saying, the cultures are so different that they cannot understand what the other means by those words. The humans use words like you do; the other race, the Tamarians, communicate through metaphor. This is such an important part of their culture that they cannot even think in any other way; but without knowing the story to which their words refer, no one else can know what those words mean. It’s as if I said, “Archie Bunker” in response to something you said. If you knew that Archie Bunker was a bigoted character in the 1960s sitcom “All in the Family,” you’d know I was calling you a bigot. But if you didn’t know the story, you’d have no idea what I meant even if the words were comprehensible. So the aliens have a problem; they want to establish communication, but even though they understand the words the other side is using, neither understands the other’s meaning.
The solution, again, is a joint project. The Tamarian captain traps himself and Capt. Picard on a planet with a dangerous beast, which they can defeat only by cooperating. As a culture that communicates entirely through stories, they set up a situation where the two captains must work together, and the story of this cooperation becomes the context of future communication. It will clearly not be a fast or easy process, but a rushed process would not solve the underlying problem: a lack of shared context.
The current political situation in the United States has been called “a civil cold war.” I was a child in the 1960s and vividly remember television references to “the generation gap” even if I was too young to be part of that conflict. In addition to the clash between the military-aged and their elders who started the war and sent them to fight, there was the ongoing struggle of non-whites and of women to be treated as equal human beings. But I don’t have the impression that the divisions between the two sides were ever as stark as they are now: more violent, but not more decisive. For the most part, people got their news from the same sources. They knew what the issues were and what words meant. Some may have thought Martin Luther King Jr. was a dangerous Communist agitator while others saw him as a Christian peacefully crusading for justice, but at least both sides understood what “Communist” and “justice” meant; the gulf between them was largely about facts and values. Today people who fight to protect children throw thousands in cages, sometimes to die alone or to simply disappear by the hundreds if not thousands, because the “children” they care about are unborn; those already born are on their own. Others say that an “unborn child” is like an “unbuilt car:” not a thing at all but only the potential for one. If we can’t even agree what a person is, how can we decide whether something is an unjust crime against people? How can we decide whether a leader’s excesses are the necessary price we pay to protect hundreds of thousands of “tiny unborn persons” or simply crimes with no excuse except the grievance and will-to-power of his supporters?
Some of this confusion is genuine; groups with different views and values, different metaphysical assumptions and so on deriving different ethical injunctions. Some of this confusion is intentionally created. Russian political scientists have openly discussed their theory of “managed democracy” where the government attempts to create a “post-truth” society as a means to keep the people disorganized, divided and therefore more easily controlled. Whether the divide is natural or manufactured, the result is the same: a society divided not only by competing economic theories or moral philosophies, but even by different epistemic worlds. We don’t agree what truth is, how to find it or even whether it exists. In this situation, I think the great negotiator Riva from “Loud as a Whisper” would agree that what we need is to take the time to recreate a shared reality, a shared frame of reference. The impeachment of Donald Trump is one opportunity to begin this process. A thorough investigation, a lengthy and careful trial, would not only discover the events that actually occurred, but would also establish the meaning of those events. And what is at least as important, even though it would be an adversarial situation (prosecution and defense) it would also be a joint project. A well-played sporting event is a joy to its viewers, no matter who wins, so long as both sides agree in the end that the result was fair. Those who can’t agree are known to be “bad sports.” The fact is that just as you can’t have a football game without two teams, you can’t have a trial without two sides; the adversaries need each other.
What is more fundamental, and most important at this time, is that a real trial would have to be one that accepts the principle that truth matters. Did the President of the United States violate the law, violate his oath of office, and use taxpayer money to secure personal advantages for himself at the expense of national security? That is a factual question; it is either true or false. Did Putin’s government actively and covertly attempt to undermine our free elections, and is he working to do this again, as the Senate Intelligence Committee and 17 U.S. intelligence agencies say? Or is the real “interference” the fact that some Ukrainian official wrote an op-ed article, openly using his own name, expressing his opinion that Donald Trump should not give vast swaths of Ukrainian territory to Putin? Does the factual reality, the truth, matter, or is the only thing that matters whether some claim suits the agenda of some politician?
What this nation needs, more than anything, is a return to a belief in objective reality. When I was a kid, we had race riots, anti-war riots, corruption, the Kent State Massacre, the Weathermen, and more. We had real troubles. But we didn’t have a major political party and millions of people denying objective reality, rejecting science as some sort of conspiracy, rejecting medicine, and even arguing that education was bad because people who know stuff tend to disagree with the party. We had plenty of paranoia, and sometimes it turned out the paranoids were right; but we didn’t have people actually in the government denying everything they heard from over a dozen of our own intelligence agencies. In that sort of situation, we need some long-term work to re-establish a shared frame of reference. A serious investigation of Mr. Trump’s guilt would do that. It would presumably allow witnesses on both sides: the side that says Trump was pressuring Ukraine to cook up evidence to smear a political rival, and the side that says that there was something terribly wrong in Ukraine that Mr. Trump was legitimately investigating. This would in turn raise the question of where each side was getting its information and how it was validating its claims, which would raise the more fundamental question of how we can establish “truth” in any functional sense so that communication is possible. By contrast, having a one-week “trial” in the Senate would allow no time for serious debate about how either side decides whether to believe any particular claim, and would reduce everything to a mere power-play that solves nothing.
Maybe there is no “objective truth” that is free from personal interpretation or projection. Even if you say this, you must also agree that there are degrees of distortion. People of differing cultures and values can work together to solve problems. We may disagree about many things, but we can generally distinguish between those with whom we disagree versus those who are seriously crazy. If we’re trying to avoid drowning in a flood, say, and five people are filling sandbags to reinforce the levy while one is killing cats because cats are agents of Satan, we don’t just say, “Well, he’s got alternative facts.” We don’t just say, “Five of us think sandbags are the way to go, so we decide what’s true.” We look at whether killing cats has ever solved any problem, such as the Plague in Medieval Europe, and we find it hasn’t. We look for some rational reason to believe killing cats might help the situation, and can see no causal connection such as we usually see in other areas of life. On the other hand, we do find instances where sandbags have helped, and our past experience suggests that it is the sort of thing that would be useful. We might also consider the dangers of adopting a sandbag strategy versus the dangers of ignoring the levies and just hunting cats. We would decide that the stakes are too high to do nothing, that the course of action most likely to help was to fill sandbags, and would decide that the person who refused and instead ran around killing cats was (at best) a useless loony. The need to work together, coupled with the urgency of the situation, would force us to make judgments about shared reality and how we can judge truth. In calmer times, we might have just left the cat-hater to his superstition; but when the flood waters are rising, the “he’s entitled to his own opinion” that suggests epistemological relativism becomes “we don’t have time for your nonsense anymore.” The past successes of filling sandbags during floods, versus the failure of felinicide, would give us a practical, pragmatic way to sift likely truth from probable falsehood. If our species could never apprehend the world with any accuracy, we’d have died out a long time ago; so we are capable of some truth, and should try to find it.
The first step towards making the divides in our society manageable and possibly even productive is to decide to seek to treat reality first as a matter for investigation rather than power struggles. No doubt struggles will continue even after all the facts are established as well as they can be, and that is fine. But unless we can at least agree what it is we disagree about, there can be nothing but fighting without end. Democracy is, in the end, a way to have internal struggles without destroying our society, by agreeing to shared rules of engagement and conflict resolution. The only alternative is violence.

The Mueller Report: I read it for you, but you should read it for yourself. pt 5

June 26, 2019

The President’s Efforts to Curtail the Special Counsel Investigation

We may never know why Mr. Trump ordered Mueller to be fired, then changed his mind. Did he give the order in a fit of temper and either reconsider or lose interest once he’d calmed down a bit? Was he eventually persuaded that his concerns about conflicts of interest were so flimsy they would only embarrass him if he kept pushing them? Does he in fact have so little attention span that he simply forgot, as some books have suggested? Or did he decide that derailing Mueller’s investigation would work better than sacking him? Perhaps an impeachment inquiry or criminal prosecution after he leaves office will reveal more, if Mr. Trump is compelled to testify under oath. What we do know, however, is that the efforts to shut down the investigation were not limited to trying to get rid of the chief investigator.

Two days after McGahn refused to order Rosenstein to fire Mueller, Mr. Trump ordered Corey Lewandowski to take a message to Jeff Sessions ordering him to unrecuse himself and take charge of the investigation. The idea was not to simply shut it down, but rather to forbid the FBI from actually investigating any crimes; instead they were to only look at what the Russians had done and how to prevent them from doing it again, without considering whether Trump or anyone else had committed any crimes. This was unusual since Lewandowski had no government position and hence had no real reason to be carrying instructions or memos between the White House and the Department of Justice, aside from the fact that he was known for being utterly loyal to Mr. Trump and hence perhaps more likely to do as he was told. Trump dictated a letter to Sessions stating that Sessions was to announce that since the President was being treated very unfairly, he had decided to unrecuse himself; furthermore, unless Sessions made this statement as dictated and restricted the investigation as instructed, he would be fired. Lewandowski decided that, given the sensitive nature of this message, he should hand it to Sessions in person; but after several unsuccessful attempts to arrange a meeting where he could do so, he decided to give the memo to Rick Dearborn, a senior White House official who had a dinner appointment with Sessions. Lewandowski says that while he thought Trump had tasked him with delivering this message because of his loyalty, Dearborn would be able to do it better because he actually did work for the government and had a long relationship with Sessions. However, when Dearborn saw the message he was to deliver, he became extremely uncomfortable and did not deliver it; although he said he had “handled the situation” he in fact refused to deliver the message and instead threw it away. At this same time Mr. Trump, not knowing the speech he intended Sessions to deliver had not been passed to him, called an impromptu news conference to talk about how “unfair” it was for Sessions to recuse himself from the Russia probe, and to state that Sessions might not be allowed to continue as Attorney General. Trump followed this up by demanding that Reince Priebus, his Chief of Staff at the time, fire Sessions. Ostensibly this was because Sessions had falsely denied discussing campaign-related matters with the Russian ambassador, but those around him believed the real reason was what Trump had been saying for months: his anger over Sessions’ recusal from the Russia investigation. Priebus resisted, and when Trump insisted Priebus lied and said he’d get Sessions to resign even though he had no such intention. Eventually he was able to convince Trump that if they fired Sessions the second and third ranking people at DOJ, Rosenstein and Rachel Brand, would also resign, and that he would be unable to get anyone confirmed by the Senate to replace them.

The testimony given under oath to Mueller paints a picture of chaos and dread. Hope Hicks said she wanted to “throw herself” between Trump and the press during his July 19 interview lambasting Sessions, but he loved it and loved the coverage it got afterwards. Priebus and McGahn discussed resigning rather than go along with the plan to fire Sessions. Sessions wrote out another letter of resignation and carried it with him whenever he went to the White House after these events. Again, the only thing that prevented a major Constitutional breakdown, with possibly the entire leadership of the Department of Justice resigning , was the refusal of Trump’s underlings to obey orders they thought were “all wrong.” At times they lied and stalled until his temper cooled down, other times they kept trying to talk him out of whatever self-destructive, government-destructive action he was demanding. The whole time he seems to have been loving the press coverage his attacks on Sessions were getting, and his major concern was to time his actions so as to avoid bad coverage during the Sunday news programs.

In considering whether Trump’s efforts to have Lewandowski deliver an ultimatum that he either rein in the Mueller investigation or be fired, the Special Counsel considered the following elements:

  1. Obstructive act: Would these actions naturally obstruct the investigation and any grand jury proceedings that might flow from the inquiry? Undoubtedly; Mueller writes that “Taken together, the President’s directives indicate that Sessions was being instructed to tell the Special Counsel to end the existing investigation into the President and his campaign…” so the entire point of the President’s actions was to obstruct the investigation.
  2. Nexus to an official proceeding: It was public knowledge that there was already a grand jury investigation of the Trump campaign by this time. We don’t know too much about that because this part of the report is redacted.
  3. Intent: Mueller writes: “Substantial evidence indicates that the President’s effort to have Sessions limit the scope of the Special Counsel’s investigation to future election interference was intended to prevent further investigative scrutiny of the President’s and his campaign’s conduct.” Or to put it bluntly: Trump was trying to cover up his own past misdeeds and those of his employees. In particular, Mueller notes that Trump sought to use Lewandowski, someone outside the government who was known to be extremely loyal, to communicate with Sessions, rather than simply talk to him directly or use normal government channels, suggesting that Trump was trying to hide his message to Sessions and to avoid any official record of having communicated with him at all. And it might have worked, if Lewandowski had managed to deliver the message himself instead of passing it to Dearborn to deliver. Dearborn was so freaked out when he read the message he was supposed to pass on that “he recalled not wanting to ask where it came from or think further about doing anything with it,” and instead lied about delivering it and instead trashed it.

Legal experts agree that the fact that Trump failed to obstruct justice because his staff refused to cooperate (or in the case of Lewandoski bungled the job) does not make it any less a crime, just as we routinely throw terrorists in jail for planning bombing attacks on this nation even when they end up talking to an FBI informant instead.

The Mueller Report: I read it for you, but you should read it yourself. pt. 3(c)

June 23, 2019

How does all of this relate to the three constitutive elements of an obstruction of justice?

  1. Obstructive Act: It is true that Mr. Trump was aware that James Comey was not only investigating Trump’s friend Michael Flynn but was also looking into other aspects of Russian efforts to help elect Trump, including whether any other American citizens had committed crimes. On the other hand, he was advised repeatedly that firing Comey would not end the investigations; as Steve Bannon told him, “You can’t fire the FBI.” Trump even acknowledged as much during his interview with Lester Holt, saying it was likely firing Comey would actually prolong the investigation. What seems to have most troubled Mueller and seems most likely to be part of an illegal obstruction of justice is the way Trump handled it. The vengefulness, the petty cruelty, and the public attacks on the investigation and cries of “Witch hunt!” afterwards seem, according to the report, intended to affect and obstruct whatever future investigators might take over after Comey’s departure. True, there might be other, legally innocent motives, such as paranoia, sadism, or stupidity. That question falls under “intent.” What we can say is that there were in fact official investigations that could be disrupted by this behavior, that Mr. Trump was aware of these investigations and continued in this behavior anyway, despite the fact that his office requires him to support upholding the laws of the nation without undue personal prejudice.
  2. Nexus to a proceeding: You can’t obstruct justice unless there’s an official proceeding to obstruct. In this case, while there was no official grand jury at that time investigating the Trump campaign, there was a criminal investigation of Flynn that Trump had tried to shut down, and public knowledge that the FBI was looking into Russian interference in the 2016 election, including the crime of hacking the DNC’s computers. Thus there was a nexus to at least one official proceeding.
  3. Intent: As the report states: “Substantial evidence indicates that the catalyst for the President’s decision to fire Comey was Comey’s unwillingness to publicly state that the President was not personally under investigation, despite the President’s repeated requests that Comey make such an announcement….the President’s over stated rationales for why he fired Comey are not similarly supported by the evidence.” In other words, the report says that Comey was fired for not publicly clearing Trump, and that Trump and others working on his behalf lied about the true reasons for the firing. As stated earlier, intention to deceive is tacit acknowledgment of wrongdoing; if it doesn’t prove impure motives, it at least implies such. But why, the report asks, what this so important? Was it merely for political reasons, because “this Russia business” was making it difficult for Trump to carry out his agenda for the nation? Was it because, as has been stated outside the Mueller but in multiple press reports and books, that Mr. Trump gets angry when anyone mentions that Russia helped elect him because it takes away from his own sense of accomplishment? Or are there other, criminal reasons for Trump’s repeated demands for Comey to publicly announce his innocence? There are the demands that Comey pledge his “loyalty” to Trump personally, and his claim that he thought the Attorney General was not doing enough to protect him personally. He also said he wanted to be able to tell his Attorney General “who to investigate.” Comey was interfering with these goals by the fact that he’d taken over the investigations after Sessions recused himself, and by the independent way he was handling the investigations. Also, when Trump was railing against Sessions for recusing himself and for not doing more to protect Trump and punish Trump’s foes, Sessions had suggested firing Comey, either because he was suggesting to Mr. Trump that this would solve his problems or perhaps merely to redirect Trump’s anger onto someone else. In addition, as the Muller report states, “…the evidence does indicate that a thorough FBI investigation would uncover facts about the campaign and the President personally that the President could have understood to be crimes or that would give rise to personal and political concerns.” Thus there is a strong prima facie case that Trump was motivated by personal goals rather than national interests in firing Comey, the definition of “corrupt intent.”

As Mr. Mueller stated, we need to have some sort of a hearing to allow the accused party the chance to clear his name. Legally, there is no law against being stupid, sadistic, deceitful, vain, vindictive, paranoid or obstinate. These may be reasons to say someone is unfit for an important office, but they are not crimes. Perhaps Mr. Trump was not trying to shut down or intimidate other investigations, and anyone or everyone around him who might think about challenging his orders. Perhaps he was just running the White House the way he’d run his businesses: as his wife says, if he feels you’ve hit him he’ll hit back ten times harder.[1] Perhaps, as many who have or do work for him are reported to have said, he’s very insecure about his election victory, and his desire to have Comey and others come out and publicly say he had nothing to do with Russia is his way of insisting that he won on his own, without Putin’s help, despite what Putin said at Helsinki and what every U.S. intelligence agency has said. But as Mueller said, the only way to bring these facts out, and show whether or not Trump had corrupt motives or simply acted foolishly in ways that appear corrupt, is to have an impeachment investigation, where all the facts can be presented and the President can take the opportunity to personally defend himself under oath. As it stands, the report states, there is evidence that the President* knowingly and intentionally obstructed justice, seeking to impede and influence official investigations of crimes as well as undermining counterintelligence operations, for corrupt personal reasons.

[1] Ali Vitali, “Melania Stumps for Donald Trump: ‘He Will Punch Back 10 Times Harder;” NBC News.com April 4, 2016 (https://www.nbcnews.com/politics/2016-election/melania-stumps-donald-trump-he-will-punch-back-10-times-n550641). Or as Mr. Trump says on Twitter: “When someone attacks me, I always attack back…except 100x more. This has nothing to do with a tirade but rather, a way of life!” @realDonaldTrump Twitter 11 Nov. 2012. These claims, I believe, fit the dictionary definitions of “vindictive” and “vengeful.”

 

If you like visual aids, here’s a quick summary of the Mueller report

May 29, 2019

Here’s a chart summarizing the Mueller report.

I haven’t finished my analysis so maybe I’ll quibble with some of these later.  What it shows, and what your own reading of the Special Counsel’s report will show, is that the claims of “no collusion” and “total exoneration” are #FakeNews, to turn a phrase.  In fact, the report is closer to #ImpeachTrumpNow than it is to #WitchHunt.  The short version is “The Special Counsel can’t indict a sitting president; presidents have to be impeached first, and then indicted, so it’s up to Congress to take it from here.”

The Mueller Report: I read it for you, but you should read it yourself. pt. 2(a)

May 22, 2019

Redacted Reactions to the Redacted Mueller Report: I read it so you don’t have to, but you really should; pt. 2(a)

 

First, a traditional prosecution or declination decision entails a binary determination to initiate or decline a prosecution but we determined not to make a traditional prosecutorial judgment.”

——Special Counsel Robert S Mueller III, Report on the Investigation into Russian Interference in the 2016 Presidential Election

 

Volume Two of the Mueller Report deals with the question of obstruction of justice. There are three points that I consider most important to understanding this part of the report. The first is that the Special Counsel began with a decision not to recommend prosecution no matter what. This decision is explained as being based on the Office of Legal Counsel’s standing policy that a sitting President cannot be indicted, because it would undermine his effectiveness. A sitting President can be impeached, which is much harder since it takes 2/3 of the Senate to convict and removed an impeached official. A substantial majority of Senators could believe the person guilty and even a danger to the nation, but so long as 34 vote in favor of the impeached official (whether it be a president, judge or whatever) he or she remains in office. A president can be indicted and tried upon leaving office under OLC guidelines, but not until then; so the president must either be first removed via impeachment or 25th Amendment procedures, or indicted after finishing his elected term of office. So while the Attorney General expressed surprise that Mueller made no recommendation to prosecute, the fact is that Mueller felt he had no choice; his only job was to gather and preserve evidence for possible later prosecution.

Furthermore, Mueller expressed the opinion that even creating a sealed indictment, to be automatically served upon the President’s leaving office, would be unjust. The accused must have the right to clear his (or her) name. Usually that is done through a trial, when the defendant is declared “Not Guilty.” If a President can’t be tried, then the President can’t clear his name; the accusation will hang over him (or her, if we ever get that far) like the Sword of Damocles. The only just way to resolve this situation is through impeachment. With an impeachment hearing, the evidence against the impeached official is presented; and more important for the defendant, the accused can present his/her evidence in defense. Thus an impeached President would have the opportunity to clear his name, by offering a defense at the impeachment hearing and trial.

The refusal to recommend indictment is not, therefore, remotely like claiming that there is nothing indictable. Rather, it is a recognition that, given the laws and rules that authorized the investigation in the first place, a sitting President can’t be indicted as any other person would who did the same things. Impeachment, and/or prosecution after leaving office, are the only options.

In fact, the Special Counsel’s report states several things quite clearly: first, that even if no “collusion” was established, that does not mean there was no evidence that it existed or that such evidence might come to light if certain witnesses cease refusing to testify candidly and truthfully; second, that if the investigation had exonerated the President they would say so, but they are not saying so, so you can draw your own conclusions (or have an impeachment trial to examine the evidence); and third, that there is in fact substantial evidence for obstruction of justice charges against the President.

To be continued….