And That’s Why We Have Grand Juries

Last November Arizona Senator Mark Kelly and several others veterans reminded members of the military that they may not obey illegal orders. They posted a video out of concern that President Trump and his administration felt they could issue orders without regard to the rule of law.

Members of the military are expected to follow orders but there are limits to what they can be ordered to do. This is found in the Uniform Code of Military Justice. For example, nobody can be ordered to kill an enemy who is surrendering and poses no threat.

This recognition became poignant after World War II when senior members of Nazi Germany went on trial for war crimes; they attempted to avoid responsibility for their actions by claiming they were following orders. Since the trials took place in Nuremberg, Germany this became knows as the Nuremberg Defense.

This binds members of the military to not follow illegal orders but it should also bind superior officers from issuing illegal orders. Simply put, anyone who issues an illegal order must be removed and never allowed to give orders again. Unfortunately the Trump administration believes they can order anything they want without regard to the law.

They showed this in the aftermath of Senator Kelly’s video. President Trump called it “seditious” and called on him to be executed. Fortunately our legal system requires someone to be indicted by a grand jury before prosecution; it’s a low bar and when a prosecutor asks for an indictment he normally gets it. But not this time. You can read about it here.

A grand jury consists of ordinary citizens, not lawyers or politicians and it finds its roots in the 5th Amendment of the Constitution.

Frankly I find Senator Kelly’s action was both patriotic and heroic. The Trump administration often uses threats like this as a tool to quash opposition and I’m glad it didn’t work this time.

The Trump Chronicles, Volume 168: No, You Can’t Nationalize The Elections

It’s no secret that President Trump obsesses over elections and vote counts, and for good reason. He lost the popular vote in the 2016 election and lost both the electoral and popular votes in 2020. Like any bully he refuses to admit defeat and continues to claim he really won but was cheated. In the last few days he’s floated the idea of the federal government take over running elections. He has claimed, all along without any evidence, that “everyone knows” these elections were corrupt. So what’s the problem with this? Why doesn’t the federal government run elections?

Well, there are a few problems. Let’s start with the Constitution: Article 1, Section 4 states that the “Times, places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each state.” It doesn’t get much clearer. States run the elections and this can only be changed by amending the Constitution. Not by Congress passing a law. Not by the President issuing an order. And because the states run elections it’s much more difficult to cheat. No one person, no one group, no one state controls all the ballots and no one group can create or eliminate enough ballots to change the result of an election.

This matters more than ever because it’s clear that that’s exactly what Trump wants to do. In 2020 when Georgia voters chose Joe Biden, Trump famously called Georgia’s Secretary of State Brad Raffensperger on January 2, 2021 to demand that he find 11,000 votes and give Georgia to Trump. Had Trump been in charge the election he certainly could have done that. Only the Constitution prevented this by having the states run elections.

Joseph Stalin famously said that the people who cast the votes decide nothing. The people who count the votes decide everything (I found that quote here). I hope nobody misses the irony that Trump claims the only way to avoid election corruption is to give him all the power.

We will go to the polls in 9 months to choose our legislators and Trump knows his only path to keeping the House (and perhaps the Senate) is to cheat and we cannot allow him to do that.

Does Speaker Johnson Really Believe He Can Lecture Pope Leo XIV On Christian Teaching?

Pope Leo XIV, and Pope Francis before him, have clearly emphasized the Catholic Church’s teaching on how we are to treat immigrants. Scripture brims with examples, but let me just give one, Leviticus 19:34: “You shall treat the alien who resides with you no differently than the natives born among you; have the same love for him as for yourself; for you too were once aliens in the land of Egypt.”

Unfortunately, many among us, including political leaders who identify as Christian, attempt to use Scripture to defend their xenophobia. Current House Speaker Mike Johnson recently said this (and I’m getting this from an article in The Christian Post):

“Borders and walls are biblical,” Johnson, a Southern Baptist, responded. “From the Old Testament to the New, God has allowed us to set up our civil societies and have separate nations.”

“Immigration is not something that’s frowned upon in Scripture,” he added. “We’re to welcome the sojourner and love our neighbor as ourself.”

The speaker continued: “What’s also important in the Bible is that assimilation is expected and anticipated and proper.”

“When someone comes into your country, comes into your nation, they do not have the right to change its laws or to change its society,” Johnson said. “They are expected to assimilate.”

“We haven’t had a lot of that going on,” he insisted.

He further states that when the Bible calls us to care for “the sojourner and the neighbor” it is “an admonition to individuals, not the civil authorities.”

Wow, it’s hard to know where to start, but let me give it a try:

  • Borders and walls are not biblical, they were (and are) reality. Borders and walls have been around as long as humanity and the fact that they are found in the Bible doesn’t mean we invented them. Likewise with separate nations. God did not make a map for us to follow.
  • There is nothing (NOTHING) in the Bible that demands assimilation. Much of Jesus’ ministry in the Gospels describes the difficulty in maintaining Jewish identity during Roman occupation and at no time does Jesus command us to become Romans.
  • Here in the United States we live in a democracy. Civil authorities govern only with the consent of individuals and there is no “us vs. them.” We are all “us.” Because of that any admonition that binds individuals must also bind civil authorities. How dare he lecture the Pope on the Bible when he misunderstands even the basics of democracy.

Finally, Speaker Johnson uses something called proof texting. Rather than explore a Biblical passage to understand its meaning, a proof texter will begin with his own opinion and scour the Bible to find a passage that appears to back him up with no regard for original meaning or context.

Speaker Johnson, if you’re going to claim authority on either the Bible or democracy, get better at it.

The Trump Chronicles, Volume 167: Our Racist In Chief

We’ve known for along time that Trump is racist, despite his continual denials. Well, he’s done it again. February is Black History Month and we take this month to reflect not only on the history of slaver and Jim Crow (in the hopes that we’ve learned and won’t keep doing it) but also contributions the black population has given us. Think Katherine Johnson’s work with calculating trajectories in the early space program and George Washington Carver’s work as an agricultural chemist.

But Trump, who famously referred to Haiti and African countries as shithole countries whose people should not be allowed to come to the United States, is at it again. Yesterday he posted on his social media account a video that depicted former President Obama and his wife Michelle as apes. No, I’m not going to post a link and I hope you don’t either.

As you can imagine the reaction was swift. Even Republican Senator Tim Scott, who is black, condemned it and hoped it was fake. At first Trump’s press secretary Karoline Leavitt tried to ridicule the outrage calling it “fake outrage.” The post was eventually taken down and Trump blamed a staffer for posting it, even though it was posted in the middle of the night when Trump often posts and most people who work for him are asleep.

He just doesn’t get it. But then neither do his supporters who don’t believe he’s racist.

The Trump Chronicles, Volume 166: Must It Always Be About You Don?

This week many of us have followed the horrific news that Nancy Guthrie, mother of NBC journalist Savannah Guthrie, has gone missing and has likely been kidnapped. When asked, President Trump offered his support and said: “It’s a terrible thing. I always get along well with Savannah. Very unusual situation, but we’re going to find out.”

Even in his words of support he still has to make it about himself. It reminded me of his words when NPR journalist Cokie Roberts died in 2019. Cokie was a pioneering journalist and inspired countless girls and women to follow in her footsteps. Trumps response: “I never met her. She never treated me nicely.” Nothing about her work or her place.

I’m guessing I’m not the only one who tires of Trump making everything about himself.

I’m Back (Hopefully For Good)

Nearly two years ago, in April of 2024, I finally threw in the towel on updating this blog. To be honest, at that time President Joe Biden was limping toward re-election and Donald Trump was running for a nonconsecutive 2nd term. It was getting harder and harder to watch this process and I just ran out of gas.

But since then Trump has once again become President and many of my worst fears have come true. Again and again I’ve asked myself what I can do as a member of the resistance and I’ve decided to start writing again. I tried to write at least one article per month and that just isn’t enough. I fell into the trap known as “the perfect is the enemy of the good.” I pressured myself into thinking each entry had to be stunning and they ended up just being time consuming.

My hope now is to write shorter, less ambitious articles. I’ll be frank that I think Trump is an existential threat to our democracy and if he succeeds in becoming a stand alone dictator it will only partially be the result of his supporters. To quote Dr. Martin Luther King, “In the End, we will remember not the words of our enemies, but the silence of our friends.” I have limited belief in my ability to convert true Trump supporters but I do hope to awaken those who oppose Trump but haven’t spoken up.

Stay Tuned.

The Election 2024 Chronicles, Volume 12; The Trump Chronicles, Volume 165: April Update

It’s obvious that I haven’t been attending to this blog. I haven’t posted since January. It’s not for lack of thinking; it’s just that the news these days is hard to read. As I write this Joe Biden and Donald Trump are the presumptive nominees and one of them will be elected President in November. Virtually every election is known as “the most important of your generation/lifetime/country’s history” but this one may well be.

There’s a lot I don’t need to write about (e.g. Trump’s dozens of indictments) but my fears boil down to this: whichever way the election goes the Trump camp will do their best to end our democracy and usher in a new era of fascism.

I’ve been suggesting that as the legal nooses continue to constrict around his neck Trump will not face justice. He will instead flee to Russia and ask Putin for asylum. This would explain Trump’s continuing craving of Putin’s approval. Unfortunately Trump has been successful in delaying justice through a long, strange series of inane legal arguments. I fear that none of his trials will conclude before the election.

So here’s my fear:

Scenario 1: Trump wins the election. This may sound crazy but he did win in 2016 after I had spent months saying this was impossible. We’re too far away from the election to be able to make a prediction. If he returns to office he has already promised to use the Justice Department to seek revenge against his enemies. See this article in the Texas Tribune. Ironically this is what he charges the Biden administration of doing: weaponizing the Justice Department against him. He also spends a great deal of time talking about the border with Mexico. He clearly can’t close the border as Mexico is much too important a trading partner. But his threats of mass deportation and increased enforcement will discourage some of this and will be bad for the economy. Most importantly he promises to dismantle the executive branch so that loyalty isn’t to the American people but to him. He perpetuates the lie of the existence of a “deep state” of government employees who wish to take down the government by liberal policies; ironically he will attempt to take down the government through his fascist policies. Trump recognized that many of his goals weren’t achieved because he chose people served the American people over him. He won’t make that mistake again.

Scenario 2: Trump loses the election. Even if Biden wins Trump will (again) refuse to accept the results. When this happened in 2021 he tried to block the peaceful transition of power on January 6th. It was a chaotic day filled with mistakes that he won’t make again.

Trump famously predicted that he could shoot someone on 5th Avenue and not lose support. I didn’t believe him at the time but I do now. His support base is strong and deep and they have lots of guns. I don’t say this lightly but our only real chance of remaining a democracy lies in some outside factor. Polls show that if Trump is convicted in one of his trials he will lose support but I don’t believe that. He’s gotten too much mileage claiming he’s being persecuted. I do believe he’s running in part to avoid jail time; he has already raised the possibility of pardoning himself.

I can’t promise I’ll get any better at posting to this blog but I’ll try.

The Trump Chronicles, Volume 164: Another Day In Court

Yesterday former President Trump and his legal team were in court yesterday, specifically US Court of Appeals for the District of Columbia. It stems from a criminal case linked to his January 6, 2021 attempt to overthrow the government and remain in power. Trump’s team filed a brief arguing that he is immune from prosecution because he was acting in his role as President. There is reason to argue that a sitting President cannot be charged with a crime but Trump wishes us to believe that he can never be prosecuted, unless his crime causes him to be impeached and removed from office by Congress.

I subscribe to an excellent podcast called Prosecuting Donald Trump and yesterday they gave me access to the recording of the hearing. I listened to it so you don’t have to. Here’s what I learned:

Trump’s legal team argues that if a President breaks the law he cannot be prosecuted, even after he leaves office, unless he was impeached by the House of Representatives and removed from office by the Senate. They argued that without this protection Presidents would always have to “look over his shoulder” when making decisions and worry that after they leave office they will be prosecuted. The President needs this protection to govern effectively.

Jack Smith is prosecuting the Trump case and his team responded that this is not sufficient. For example, if a President breaks the law he can then resign and provide no avenue for him to answer to his actions. Additionally they reminded the court that after Trump was impeached for his actions on January 6th several Senators advised against voting to convict. They argued that once Trump left office he would be subject to criminal charges and since he was leaving office on January 20, 2021 there was no point. Now the Trump wants to have it both ways.

It’s no surprise that I disagree with Trump but I just can’t get past the idea that the President can break the law with no fear of consequences. Trump argues that if a President can be prosecuted for actions in office it would open floodgates. One of their examples was President George W. Bush lying to Congress to get their agreement to invade Iraq. There are two problems with this: President Bush honestly believed Saddam Hussein had weapons of mass destruction (because his Vice President and Secretary of Defense told him so). Additionally, it’s not illegal to lie to Congress unless you’re under oath. He never was. President Trump claims he honestly believed the 2020 election was stolen from him but we have tape of him admitting he lost. This just doesn’t work.

The US Court of Appeals will likely render their decision in the next few weeks and it will almost certainly go to the Supreme Court. I can only hope the court rules against Trump.

The Trump Chronicles, Volume 163: Looking at January 6th, Three Years Later

On the morning of January 6, 2021 I didn’t expect the date to be important. But newly defeated President Trump did. He knew that the Senate would convene that day to accept the electoral votes of the 2020 election and preventing that was his last chance to stay in office. He proclaimed, then and now, that he won the election but it was stolen from him by corruption and voter fraud.

Trump was far from the first president to be defeated in his quest for re-election; that goes all the way back to John Adams. But he was the first who fomented violence to keep his job. On December 19, 2020 he tweeted this: “Big protest in D.C. on January 6th. Be there, will be wild!”

On that morning he held a rally near the White House and told his followers to march to the Capitol to “take back our country.” In fairness he expected to join the crowd but his Secret Service team refused his request and took him back to the White House.

What happened next shouldn’t have surprised anyone. The crowd marched to the Capitol, broke windows, climbed over barriers, assaulted law enforcement and attempted to prevent Congress from certifying the vote. At first even Republicans saw this for the terrorist act it was. But it didn’t take long for that to change.

Even those who were in harm’s way have now claimed this wasn’t an attempt to overthrow the government but a peaceful protest. Trump now refers to those convicted of crimes related to this are hostages. You can read an excellent article: here.

We can’t let Trump and his minions rewrite history. Our future depends on it.

The Election 2024 Chronicles, Volume 11; The Trump Chronicles, Volume 162: Why I Believe Trump Is Ineligible To Be President Again

As of a few days ago we are in an election year. This election, alas, has been hard to watch and I wish I had written more. By the election I hope to have written enough to have given a good sense of the year.

This is unusual this early but the nominees are almost certainly set. Once again, presumably, Joe Biden will run against Donald Trump. We’ve had a rematch before. We’ve been this way before. Grover Cleveland served from 1885 and 1889 and lost to Benjamin Harrison in 1888. Cleveland ran again in 1892 and defeated Harrison’s bid for reelection. He served his second term from 1893 to 1897 and retired after that.

But the election of 2024 has a few wrinkles. For the first time in our history in 2020 the loser refused to concede. Trump has spent the time since 2020 successfully convincing a large percentage of Americans that he was fraudulently defeated and the Presidency was stolen from him. Frankly conceding defeat is custom but not a requirement.

But on January 6, 2021, in the waning days of his Presidency Trump planned to overthrow the government and stop the peaceful transfer of power. That was the day the Senate was to gather and accept the electoral votes and vote to name Joe Biden the 46th President. But on that day Trump gathered his supporters at the White House and directed them to march to the Capitol and stop the voting. They almost succeeded. It was only through the heroic actions of Vice President Mike Pence, the Secret Service and the Capitol Police.

So why does that make him ineligible to run again? After the Civil War we passed three Constitutional amendments: 13, 14, and 15. The 14th Amendment guarantees citizenship to newly freed slaves who were born in the United States but it does several other things. Section 3 says this:

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 3 intended that those who betrayed their oaths by fighting for the Confederacy couldn’t come back to government service. But according to my reading Trump’s actions fit this. He took an oath of office at his inauguration in 2017 and called for the violent overthrow of the government in 2021 to stay in office.

Those who support his reelection claim that it should be up to the American people to chose our next President. But if you want someone who is under 35 or was not born in this country to be President, you can’t have what you want. Several years ago when Arnold Schwarzenegger was the wildly popular governor of California there was talk about finding a way to be President. His political star fell soon after that but even if it hadn’t he couldn’t become President. Even a naturalized citizen can’t be President.

Constitutional amendments don’t expire and they don’t become guidelines. They are the law of the land unless they are repealed (as was the 18th Amendment).

More later.