Category Archives: Politics

Remove Security for US Capitol & White House

I am going to venture into sensitive territory here so if anyone is offended, you have my advance apology. But after watching the Broward County Sheriff and the usual collection of dignitaries (Governor, School Board members, etc.) at a press briefing after the Parkland school massacre, I have to say this.

The common theme now is “it’s those mentally unstable people who are the real problem.” So, “If you see someone whose behavior has changed or is acting peculiarly, call the police so they can take that person in for questioning and a mental health evaluation.” At the same time the gun crowd recites and repeats their mantra: “if you can’t fix everything, don’t fix anything.” And “I got my rights so if you want my guns, come and take them.”

So, the new theme is that we are to turn ourselves into a totalitarian country of spies, a dystopian nightmare of reporting our neighbors and anyone else whose behavior does not fit our personal norms.  Let’s have everyone report somebody they don’t like and then let the authorities take care of them. Round up the usual suspects, while we cover for those who are really guilty. Yes, you see, if we can just get those mentally unstable people under control, everything will be fine and we can all keep our semi-automatic military grade weapons in case the government comes after us.

This is the usual playbook for post-catastrophe posturing while actually doing nothing of substance. The President added this gem in purporting to speak “directly to America’s children:”

“I want you to know that you are never alone and you never will be. Answer hate with love; answer cruelty with kindness. We must also work together to create a culture in our country that embraces the dignity of life, that creates deep and meaningful human connections, and that turns classmates and colleagues into friends and neighbors.”

You can’t make this stuff up. Changing culture isn’t something that can be willed; it takes decades and even centuries. This is just another deflection. Meanwhile, the putative leader of the Free World ordered flags to half-mast. Wow. That took real guts. The NRA was ok with it because it adds to the impression that someone actually cares about these kids, and the ones who will be killed next, while actually doing nothing at all to help them.

The “round up the usual suspects” approach to the gun problem has the same facile attractiveness of the other pro-gun arguments. But if you want to see a real-life example of how this might play out in practice, have a look at the story reported in Bloomberg News: “This Short Seller Pressed ‘Tweet.’ Then the FBI Showed Up” https://bloom.bg/2GnX5uL

In a war of words between two businessmen on Twitter, threatening statements were made. The FBI showed up and warned the author of those statements to stop sending such messages. There were intimations of political influence, as the target of the threatening messages was apparently a “top Republican fundraiser in Georgia” and “Georgia finance chairman for Donald Trump’s presidential campaign.” The request to send agents was issued from the FBI’s Atlanta office which, along with the Justice Department is, of course, not talking.

True enough, no one was taken in for questioning and mental evaluation, but you surely get the picture. In this case it was a well-placed corporate executive apparently using his influence to induce the government to act against a rival. Under the “see something, report something” approach to stopping mass murders of children, you can just imagine how the complaints will fly as conflicted neighbors, romantic rivals, resentful former employees, etc. decide to get even by reporting the sources of their angst to the police who will be under new expectancies to act. “My neighbor has been bringing home long packages at night; I think he’s stocking up guns.”

And, of course, even when the report is legitimate, as it sometimes may be, it won’t necessarily resolve the threat. The FBI botched the reports it had on the Florida shooter. The Republicans, of course, jumped on this new excuse to undermine the FBI while continuing to whine about politicizing the Florida murders.

In my view, the FBI mistakes in this case, while tragic, simply illustrate that we cannot rely on a government agency, not matter how dedicated, to get everything right.

We are also faced with the usual argument that if you can’t solve everything, you don’t solve anything. That is just plain stupid. The inability to fix the entirety of a problem should not stand in the way of partial solutions that could save lives, such as removing semi-automatic military style weapons from circulation. There is no other area of life in which such a moronic idea would be accepted.

So how do we get semi-automatic military style weapons off the streets and out of the hands of those who would use them for slaughtering children? Right now, the Republican Party, complicit as it is in the Russian fixing of the 2016 election and fully committed to doing whatever is necessary to keep Donald Trump in power, is not going to move without an additional incentive. I propose to give them one. Two actually.

First, remove all the security from the Capitol, the White House and the Cabinet. Crazy, right? It would, of course, expose the legislators and the elite members of the Cabinet, etc. to the same risk that our children face every day at school, or at the mall or at a concert, the risk that some “mentally unstable” individual or group of individuals would attack them with a legally-acquired weapon. Well, of course, it would. That is precisely the point. If the legislators and administration officials who, after every mass shooting, say “it is too soon to talk about controlling weapons of rapid destruction,” were exposed to the same vulnerabilities as school children, they might soon change their tune.

Of course, this approach would also endanger the staff and administrative people who do most of the actual work in these places.  Some of them support reasonable restraints on ownership of semi-automatic weapons. They are the good guys. As the Republicans, funded to the hilt with NRA money, would say: necessary losses. It would not, in any case, take too long for the Republicans to come around. Set a deadline: enact a weapons control system within 30 days or lose your security. Faced with the choice of losing NRA cash or losing their lives, I’m betting they quickly come to their senses.

That proposal is, of course, just a fantasy. The same complicit individuals that control the government control the security for themselves.

So, here’s another, perhaps more realistic, solution. The Resistance must now engage in all-out mass movement of the same nature as occurred during the Vietnam War by making it difficult or impossible for pro-NRA and pro-gun politicians to conduct business as usual. Protesters will have to show up every day with bullhorns and noisemakers and make it difficult or impossible for the Congress to function. Do sit-ins. Even if they couldn’t get close enough to stop the government from operating, the Resistance could disrupt the local offices of the recalcitrant politicians. And they can turn these politicians’ rallies and other public appearances into spectacles of resistance centered around their support for the NRA and the gun lobby. Make their support for the merchants of death a constant topic on all social media. Name the names. Fill their inboxes, mail boxes, comment sites and phone mail with protest messages.

The same treatment should be meted out to the NRA at its offices and anywhere else it appears at conferences and meetings. For the unspeakable misery they have caused, their lives should be made miserable in return.

To be clear, I am not advocating violence against the government or anyone else. I am suggesting that if the American people truly want to stop the killing of children and others with semi-automatic weapons, they are going to have to resort to extraordinary measures. The NRA has the money, the politician enablers can’t get enough of it, and so it’s time to simply stop them from doing business as usual. A non-violent mass movement consistently and relentlessly applied is the only apparent way to force the hand of those supporting, and financed by, the gun lobby.

There will be no quick outcome to this struggle. Many “responsible” people will say this goes too far, that what we need is responsible advocacy, more “honest debate,” etc. Let’s not rush into this. It’s complicated. Let’s take a few years to study it and then, after more children have died at the hands of unhappy people with semi-automatic weapons and multiple high-capacity magazines, maybe we can come up with a solution.

To quote the kids speaking out at Parkland, I call BS. Enough is enough. Read this: https://agingmillennialengineer.wordpress.com/2018/02/15/fuck-you-i-like-guns-2/ The gun people will never yield until they are forced, so they should be forced. Starting now. The will of the majority of Americans on this issue must be presented to the lawmakers in a way they cannot ignore as they have for so long. Enough.

Cox Farms Stands Up For Social Tolerance

I am posting, with permission, the entirety of a Facebook blog post by Cox Farms, a roadside fresh foods market of the type that used to dot the rural landscape but are now a rarity. Cox Farms is set up on Route 620 (Braddock Road) in what was once rural Virginia, between Flat Lick Stream Valley Park and Gilbert’s Corner. Details here: www.coxfarms.com.

I report, with profound sadness, that some people chose to attack the owners for their actions and words in favor of an inclusive society. This led to the usual rancorous exchanges on Facebook as the hate-mongers were drawn, like moths to the flame, by a public statement encouraging people to treat each other  with respect. There is nothing meaningful I can add to what Cox Farms had said and done, so I will just leave their statement here. I urge you to read it, all of it, and share it with someone you care about:

“Our little roadside signs have power. Most of the time, they let folks know that our hanging baskets are on sale, that today’s sweet corn is the best ever, that Santa will be at the market this weekend, or that the Fall Festival will be closed due to rain. During the off-season, sometimes we utilize them differently. Sometimes, we try to offer a smile on a daily commute. Sometimes, a message of support and inclusion to a community that is struggling makes someone’s day. Sometimes the messages on our signs make people think… and sometimes, they make some people angry.

Last week, some of our customers and neighbors asked us to clarify the sentiment behind our sign that said “Rise & Resist.” So, we changed it to read “Rise Up Against Injustice” and “Resist White Supremacy.” We sincerely believe that fighting injustice and white supremacy is a responsibility that can- and should- unite us all. We struggle to see how anyone other than self-identified white supremacists would take this as a personal attack.

Some have asked why we feel called to have such a message on our signs at all. Here is why:

Cox Farms is a small family-owned and family-operated business. The five of us are not just business-owners; we are human beings, members of the community, and concerned citizens of this country. We are also a family, and our shared values and principles are central to our business.

We’re not seeking to alienate folks who have different perspectives on tax reform or infrastructure spending. But when it comes to speaking out against systems of oppression and injustice, we see it as our moral responsibility to use our position of privilege and power, along with the tools of our trade and the platforms available to us, to engage visibly and actively in the fight for justice. Our roadside sign messages are one small way we do this.

Some folks have expressed that they would prefer not to know where we stand. We appreciate that being an informed consumer can sometimes be exhausting, disappointing, and frustrating. It can involve making hard choices about values and priorities. We respect that some have decided to no longer patronize our business as a result. We also know that there are some who may see our signs, roll their eyes, and still choose to come back for the kettle corn. We get it.

Desmond Tutu said, “If you are neutral in situations of injustice, you have chosen the side of the oppressor.” We consider the present state of our country to be far beyond partisan bickering or politics as usual. We see our nation in crisis, and peoples’ lives and safety and humanity are hanging in the balance. We are gravely concerned about the hateful words, destructive actions, and detrimental policies coming from this administration. We are not neutral, and we will not feign neutrality to appease our customers. We are committed to speaking out for love and justice, even if it costs us some business.

Almost twenty years ago, some visitors started a boycott because we fly rainbow flags over our hay tunnel, and they were concerned that Cox Farms was “promoting the homosexual agenda.” A few years ago, some folks got very angry about the Black Lives Matter sign hanging in a window of an owner’s home on the farm. Last year, some locals took offense at our “We love our Muslim neighbors” and “Immigrants make America great!” sign messages. What do all of the messages have in common? They are statements of inclusion. They attempt to tell members of our community, people that might feel discriminated against or alienated in a particular moment, “Hey, you are welcome here, too.” To our customers and neighbors that feel that this is somehow a divisive stance, we ask you to reflect on the possibility that your lived experience may be one that hasn’t necessitated a message of inclusion to make you feel welcome.

We’re not strangers to controversy or hard conversations. When we take a stand, we do so knowing that it could hurt our bottom line, and we are comfortable taking that risk. As a family, we know that when you’re on the right side of history, love wins. Right now, it means that some people in our community no longer feel comfortable supporting our business, and we respect that. While our intention was not to make anyone feel unwelcome, we certainly respect every consumer’s right to decide which businesses to support in our community.”

 

Shilling for Trump

Well, well, well. As the rumors of more indictments of Trump acolytes circulate in the winter winds of Washington, the Trump enablers in Congress appear to have been overcome with a bad case of nerves. They are pulling out the stops in an overt effort to derail the investigation by Special Prosecutor Mueller before it makes another public move against the Trump team. Trump himself approved the release of classified information in the now infamous “Nunes memo,” and promptly tweeted that the memo completely exonerated him of any charge of collusion or obstruction of justice. In case you don’t do Twitter, here is what he said:

This memo totally vindicates “Trump” in probe. But the Russian Witch Hunt goes on and on. Their was no Collusion and there was no Obstruction (the word now used because, after one year of looking endlessly and finding NOTHING, collusion is dead). This is an American disgrace!

Au contraire, I suggest that his personal involvement in the release of the memo and attempt to use it to thwart the Mueller investigation represents, by itself, hard evidence of a direct attempt by Trump to obstruct justice by interfering in the investigation regarding his and his allies conduct. Bad move.

Today I want to turn to Alan Dershowitz who, not long ago, was a “regular” on CNN, first as a seemingly independent “legal expert” and then, increasingly, making partisan arguments in support of Trump’s position that “because I am President, I can do no wrong.” Dershowitz, a highly educated and aggressive advocate, is now a “regular” on Fox News.

Dershowitz has now argued that the Nunes Memo is a credible document entitled to respect andfurther validation. See http://fxn.ws/2DYLWDO While acknowledging that the memo is a “second hand, hearsay, account,” Dershowitz nevertheless says the memo establishes “probable cause” (the legal standard for making an arrest), for further investigation. His use of the term “probable cause” is an unsubtle way of suggesting, without saying it, that the Nunes document is evidence that a crime was committed by the FBI and/or Justice Department in applying for legal permission to surveil Carter Page, a Trump promoter and campaign worker. Dershowitz repeats his earlier call for a “nonpartisan commission of objective experts to investigate the entire issue of Russian involvement in the election and other claims made by either party about any unfairness surrounding it.” [my emphasis]

Putting aside where on this planet and this country, such “objective experts” might be found, Dershowitz, to his credit, adds that the Democratic version of the Nunes claims, also “secondhand and hearsay,” should also be released (not happening while Republicans are running things) and that this will “help to level the playing field.” Then, subject to “real needs of national security,” whatever that means and whoever would decide, the public should get the entire “redacted version” of the FISA application for surveillance of Carter Page and be able to judge for themselves whether the FBI and Department of Justice engaged in a flam-flam, not once, but at least four times, with the FISA judges (different ones for each renewal of the FISA warrant).

So what we have here, according to Dershowitz, is a situation where secondhand, highly partisan hearsay “information” from Republicans like Nunes with a history of secret dealings with the White House about the Russia election interference raises sufficient issues that we should stop the Mueller investigation and start all over again with a “nonpartisan commission” of “objective experts” to consider the issues raised by Russian interference, all because of a partisan contention that one person was surveilled inappropriately supported only  by “secondhand hearsay” information.

If this weren’t so serious. it would be laughable. Whether or not it’s true that Congress should have proceeded by nonpartisan commission rather than a special prosecutor, it is too late to change trains. The Mueller investigation is way down the tracks. The desperate maneuver of releasing only the Republican version of the Nunes memo indicates pretty clearly that the heat is being felt in the White House and on Capitol Hill. Whether deliberate or not, Dershowitz’s argument would lead to a massive slowdown, perhaps a complete shutdown, of the entire investigation, which is, of course, exactly what Trump and the Republicans in Congress wanted when they released the memo.

Dershowitz disagrees, of course, arguing that the “American public has lost faith in the objectivity of congressional committees.” No doubt, they have. Why would it be otherwise? The secret maneuvering of the Republican leadership, Nunes’s dark-of-night visits to the White House and all the other nonsense would give the Pope a headache. The notion that the public can effectively act as a jury viewing a heavily redacted document while Republicans and Democrats hurl invectives at each other about its meaning is a bridge way too far, a prescription for delay and ultimate failure. Imperfect as the process may be, the Special Prosecutor has the intelligence, independence and proper tools to do the job that needs doing.

If the President would just shut up, the entire process, and the American people in the bargain, would be well served. The fact that he keeps proclaiming his innocence when he hasn’t been charged with anything is quite telling. His behavior is that of a guilty person flailing in panic at the realization that his conduct is about to be laid bare for the world to see.

As a final word on this, do not fall prey to the facile word play of skilled advocates like Dershowitz. His legal credentials and carefully crafted arguments may seem reasonable on the surface. Before making a judgment about this, read the piece in Politico by Paul Rosenzweig at http://politi.co/2DW2fkG entitled “Even If You Take the Nunes Memo Seriously, It Makes No Sense.” The conservative R Institute, with which Rosenzweig is a Senior Fellow, sits quite far from the left wing of the Democratic Party. He is clearly not a partisan for the anti-Trump side of this fight.

The article addresses this: “let’s take the Nunes memorandum on its merits and assume that it is what it purports to be—an accurate summary of a purported problem with the FISA application process. What then should we make of it?” Rosenzweig, in my opinion, eviscerates the Nunes/Dershowitz/Trump position on the FISA application.  Read it – it’s short and accessible — and then judge for yourself.

March of the Tin Billionaires

[Warning: this post is long, but so was the speech]

I am not going to spend a lot of time or energy dissecting the State of the Union speech because that will be done elsewhere by persons more knowledgeable about the issues and more skilled in, well, dissecting political speeches. For that purpose, I recommend http://n.pr/2DSyH7G   which, in its typically matter-of-fact way, shows that nothing of substance about President Trump has changed. The outright lies, gross distortions, claiming credit for events he did not cause — it’s all there.

I must digress briefly, and I swear I am not making this up, but when the Cabinet entered the House chamber to much huzzahing from “Republican lawmakers,” the tune from the March of the Tin Soldiers entered unbidden into my head — except that the title was the March of the Tin Billionaires. It was quite a moment seeing deep thinkers like Rick Perry pretending he knows what his job is.

We should, however, admit that the President did a decent, if not great, job of delivering the lines written for him. Thus, we have confirmation that the President of the United States can read and speak the written word. Indications are that Trump loyalists loved it. Of course they did. He read his last speech to Congress without stepping on his … foot. While reading is not mentioned in the Constitution as a prerequisite to being elected president, it’s reassuring that under pressure the President can read.

He is also accomplished at narrowing his eyes and jutting out his chin to look … determined and, well, smug. I suspect those side shots with his head titled back were the way he sees his image engraved on a U.S. coin someday, commemorating the greatest president in the history of the world. Kind of like the Roman emperors. Before the Fall, of course.

Most prominently, Trump was really strong in leading applause. I may be mis-remembering but I don’t recall past presidents applauding so many of their own lines. He even motioned for groups of the audience to rise from their seats when, apparently, they were not responding to his remarks sufficient verve. None of that comes as a big surprise but it was more than a little strange to watch the putative leader of the Free World applauding himself repeatedly. This is, I think, what authoritarian personalities do – “watch me, I’m applauding, so you had better applaud too – I’ve got my eye on you.”

The speaker took care of his little “Puerto Rico problem” by promptly noting that some people were still recovering from the storms there and elsewhere but, don’t worry “we are with you, we love you, and we always will pull through together, always.”

I guess that’s what they mean about “tough love.” You say ”we love you” while withdrawing aid. It’s right out of the magician’s bag — distract attention with the left hand while …. It is reliably reported that four months after Hurricane Maria (the speaker didn’t name the hurricane because, most likely, the name is, well, Spanish sounding) almost a third of the residents have no electricity. FEMA apparently does not consider this an “emergency” any more. Tough love, baby.

The speaker quickly moved to a message, repeated throughout the speech, about what has come to be called “American exceptionalism:”

Over the last year, the world has seen what we always knew – that no people on Earth are so fearless or daring or determined as Americans. If there is a mountain, we climb it. If there is a frontier, we cross it. If there is a challenge, we tame it. If there is an opportunity, we seize it. So let’s begin tonight by recognizing that the state of our union is strong, because our people are strong.

The concept is that Americans are better than everyone else which is why they are entitled to act superior and treat “others” as lesser beings, not equal, “not up to it.” This view of the nature of the country informs virtually all of the administration’s policies. This may be what enables it to cynically espouse practices that threaten to despoil the landscape (level those mountains and you won’t have to climb so much), and poison the air and water in the name of economic growth — American’s are especially tough and they can take it. This is perhaps what enables Trump and his enablers in Congress to act like they are human beings while deporting harmless heads of families to countries they have never known in the interest of “protecting Americans from criminal elements.”

There is, however, some indisputably good news and we do want to be fair here. To quote the speaker: “The great news for Americans – 401k, retirement, pension and college savings accounts have gone through the roof.” Of course, the family in Puerto Rico is saying: “Hey, we have no roof but, yeah, there’s a lot of sunshine coming in.” And today, well, let’s just say that the stock market tanked and leave it at that. Tomorrow is, as the famous saying goes, another day.

Now I’m going to depart from the popular acceptance of what has become a tradition in the SOTU speeches.  I really really wish that presidents, all of them, would stop the practice of bringing various individuals into the House chamber to bleed all over the place or to be held out, to their apparent discomfort, as “American heroes,” exemplars of American virtue to which other humans may aspire but never measure up.

There can be no doubt that people whose daughters were killed by gang members deserve our sympathy but why do presidents believe it is helpful to parade their misery in front of the nation? In

Trump’s case, it is totally cynical — to support his message that those lousy people from south of the Texas border are evil and should be deported or worse. Let’s hope that his comments don’t lead o claims of “unfair trial” and prejudice by the defendants who were singled out for criticism and presumed guilty by no less than the President of the United States. If that happens, Trump will, of course, just blame it on some Mexican judge. And, certainly, the bravery of the helicopter pilot and the firefighter cannot be questioned, but, at least to these eyes, they did not look very comfortable being used as exhibits in support of the president’s agenda.

In one of the most disturbing statements, Trump said “So tonight I call on Congress to empower every cabinet secretary with the authority to reward good workers and to remove federal employees who undermine the public trust, or fail the American people.”

Phrased that way, few would object. However, what this likely represents is a further effort to undermine the civil service protections that have largely kept politics out of federal hiring/firing practices. Remove those protections and the way is clear for the administration to populate the civil service with political loyalists and unqualified hacks.

Speaking of which, I must, simply must, note that the day after the speech, Trump’s appointee to head the Center for Disease Control, who had just moved into position in July, resigned in the wake of reports, not denied, that she had been trading in … tobacco stocks. And stocks of major pharmaceutical companies.  And in stock of at least one health insurance giant. http://read.bi/2nyiVEQ

In case you missed it, a spokesperson for the CDC said this:

Dr. Fitzgerald owns certain complex financial interests that have imposed a broad recusal limiting her ability to complete all of her duties as the CDC director….”Due to the nature of these financial interests, Dr. Fitzgerald could not divest from them in a definitive time period.

That is Washington horsepucky for “she couldn’t do her job due to conflicts of interest; resolving those would have cost her too much money so she quit.”

Are we to understand that the vetting process of this administration did not detect that this person was a stock investor; did they not discuss the self-evident concept of “conflict of interest” with her?  Oh, yes, I almost forgot: Japan Tobacco, the irresistible lure for Dr. Fitzgerald’s money, is one-third owned by the Government of Japan! https://en.wikipedia.org/wiki/Japan_Tobacco. If you want to make yourself sick without smoking, take a look at this: https://www.jti.com/node/181. This is the same administration that has complained bitterly and falsely about the alleged failure of the prior administration to adequately vet incoming foreigners.

And while you’re at it, if you want to see another stellar example of an administration appointee to high federal office, feast your eyes on this video, if you dare: http://bit.ly/2E8sRy7 View only on an empty stomach.

But I digress again. I was writing about Trump’s SOTU speech.

He proudly declared that “we have ended the war on beautiful, clean coal.” Truly, no one knows what the hell he’s talking about. See the NPR critique cited above. Maybe he believes that there is a new kind of coal that is white or translucent, so breathing the dust can kill you but you won’t be able to see it, so what’s the problem?

Regarding energy, jobs and many other topics, my best analogy is to someone who walks to bank of a great river. The river is rising rapidly because of glacial melting and higher-than-normal rainfall hundreds of miles to the north. Noting the increased flow, Trump claims credit — “look at all that water; there has never been so much water until my administration came to power; now the river is rising like never before in history!”

Enough nitpicking the details.  The real issue here is, I think, Trump’s belief that the United States is under attack from every side. Immigrants cruising freely across the southern border to rape, pillage and murder. Foreigners coming here with no intention to work and no useable skills. Bad deals with foreign countries intent on plundering our wealth. And so on.

This is the Fortress American Deja vu all over again. Whether the President actually believes this or is simply playing to his political base that believes it is an open question. Many knowledgeable commentators have suggested that the President has no political philosophy or core set of beliefs at all, other than being a self-promoter and all that is implied by that term.

In any case, among other things, the President has translated the Fortress America concept into a new version of Us versus Them:

Last month, I also took an action endorsed unanimously by the U.S. Senate, just months before. I recognized Jerusalem as the capital of Israel. Shortly afterwards, dozens of countries voted in the United Nations General Assembly against America’s sovereign right to make this decision. In 2016, American taxpayers generously sent those same countries more than $20 billion in aid. That is why, tonight, I am asking Congress to pass legislation to help ensure American foreign assistance dollars always serve American interests and only go to friends of America, not enemies of America.” [emphasis mine]

The President has thus gone from “America First” to “America Alone” and in the process branded multiple former strong allies as enemies of America. While international diplomacy has a way of overlooking even the most heinous of hostile stupidities, it is clear enough why, since Trump was elected, the standing of the United States in the international community is at an all-time low, similar to the President’s approval ratings among Americans.

Isolationism has a long history in the United States (see http://bit.ly/1j8FAlI) but was often practiced in the breach as the U.S. extended its commercial hegemony wherever it thought its interests justified it. It has never been an effective foreign policy and was dashed on the rocks of reality when the United States was caught flat-footed by Japan at Pearl Harbor. That attack ended, among other things, the influence of the America First Committee. See http://bit.ly/2GENz7r. The current President did not invent the term ‘America First;’ he resurrected it from the garbage dump of history.

The United States was again surprised by the North Korean invasion of South Korea just five years after the end of World War II.  In the current world of highly interconnected digital communications, jet travel and the rest, it seems the height of folly to pursue a foreign policy based on the idea that the United States can “go it alone.” That nevertheless is the essence of the current President’s “policies” which, ironically appeals to his political base who will likely be among the first call-ups if we end up in a larger war.

And, so, my fellow Americans, we have a situation here where, as one of Trump’s followers said on Facebook the other day, “Obama destroyed America” and yet “the state of the union is strong.” Where we are under assault on every front, yet we are the greatest of all people on the earth and our economy is flourishing.

And, oh yes, where our President is under investigation for obstruction of justice and conspiring with actual historical and current adversaries of our country to fix the last election.

Undeterred by all the self-interested and self-contradictory blather from our disgrace of a national leader, I choose to end on the optimistic note: the American people are sufficiently exceptional that they will survive this blot on their integrity, the republic will survive, bruises and all, and in the end, Martin Luther King Jr. will have been proved right again — we shall overcome.

The Two Faces of Russian Election Interference

Sometimes there is something so obvious staring you in the face and, thus, entering your brain, and yet you just don’t see it. I just had that moment of startled recognition.

I awoke to the realization that, even assuming that Donald Trump did not collude with Russia in influencing the 2016 election (jury is still out), Trump’s sole interest in the subject appears to be establishing his personal innocence. Despite being the President of the United States, sworn to uphold the law, protect the Constitution and so on, Trump has shown no interest in getting to the bottom of what our intelligence apparatus has declared to be conclusive evidence of Russian interference.

Not only has Trump repeatedly denied his own complicity, but he has been a harsh critic of the U.S. intelligence community, about which he knows little or nothing. Trump’s interest in the subject of voter fraud seems entirely limited to proving that there was domestic cheating that resulted in Hillary Clinton receiving more popular votes than he did. We must wonder what he will do now that his “voter fraud commission” is being disbanded for gross failure to accomplish anything.

We can expect at least that he will continue the Trump Deflection Strategy, by continuing to harp on the newest sideshow involving missing text messages at the FBI and the debunked theory that a “secret society” was operating inside the FBI with the mission to destroy Trump and his presidency. You can’t make this stuff up.

Well, actually you can. Some people do. They write fictional mystery/espionage novels some of which are made into movies and make a lot of money on the false but entertaining stories of dark conspiracies, super-human government/anti-government agents running amuck until the “hero” makes a last-minute discovery and saves the country and/or mankind from the evildoers. Trump’s political base appears to live in that same world. They have smoothly transitioned from “Benghazi!” and “what about her emails?” to “what about the texts?” Looking at some of their tweets, they are convinced there is a “secret society” inside the FBI out to get Trump.

They may indeed be half right. Those who believe in the efficacy of prayer likely hope fervently that the FBI/Special Counsel investigation produces enough evidence to support impeachment of the President. Trump’s core base, however, refuses to be concerned in the slightest about the monumental inconsistency between Trump’s repeated declarations of personal innocence and his utter indifference to the possibility that a hostile foreign power, historically the proponent of everything reviled by Trump’s adopted political party, interfered in the election of the most important political person in the country.

For Trump, of course, there is no inconsistency because, if anyone benefited from foreign meddling, it was he and that’s just fine with him.  Trump is the only one that matters to Trump. I would not be surprised if, before his term ends (by whatever means), he does not demand that all written references to his person shall have the initial letter capitalized. You know … as in He, Him …. don’t bet against it. Time will tell.

Cholesterol: Democracy’s Only Hope

The title of this post comes from my favorite sign at this year’s Women’s March in New York City. It is, of course, not true, but I thought it was clever. There are better ways to remove Trump than waiting for him to have a heart attack. I will return to that in a moment.

I had planned to title this piece something more like “And still they came.” Meaning that beginning at 11 am and continuing for more than five hours, the marchers processed in New York. The size of the crowd was overwhelming.

They started somewhere up past West 72nd (we never made it up there for the rally) and came down 8th Avenue (aka Central Park West) passed by Columbus Circle went east on West 58th to 6th Avenue, then down to the mid-40s where the March ended. We had to walk out Broadway and quickly ran into a near standstill crowd at 60th. We crept forward to 63rd, where the police finally allowed our crowd to cross back toward 8th Avenue to merge into the main body of the March. Thus, we processed across town to 6th Avenue and turned toward Downtown. We finally gave out at West 54th Street and headed back toward our apartment. On the way we stopped to get a bite to eat (splitting a corned beef on rye, for which New York is justly famous). Back on the street at about 4 pm, we realized that the people were still marching and chanting; even when we reached Columbus Circle, almost back to our apartment, the street was packed with marchers carrying signs.

So, back to the signs. I can’t say this year’s crop was as creative as those of the first March in Washington last year but some of them were pretty good. I have attached photos of the ones suitable for a “family blog.” If you want to see the others, submit a reply and I will send them privately to you.

The “cholesterol sign” mentioned above is, of course, an allusion to the recent medical report on Donald Trump’s health, a report that, like everything else about Trump, cries out for a redo by people not employed in the White House, Fox News or the Republican Party. My ultimate message, however, is not to quibble about Trump’s health.

Rather, I want to say that the real way to get rid of Trump is to bring about one or more of the following:

(1) Robert Mueller’s investigation acts upon the conclusion that Trump was complicit in the Russian interference in the 2016 election or that Trump has otherwise engaged in obstruction of justice or some other “high crime or misdemeanor,” leading to irresistible pressure for impeachment.

This is, of course, beyond the control or influence of us as individuals. As much as we may prefer a direct take-down of the president, his co-conspirators and enablers, we cannot afford to rely solely on that approach, especially since Republicans control both houses of Congress and are virtually certain to defend Trump to the death.

Thus, we turn to No. 2:

(2) effect a massive Democratic turnout for Democratic candidates in the 2018 midterms and strip the Republican Party of control of the House of Representatives and the Senate.

This is the part we can control. The massive turnout for the Women’s March around the country is strong, but not conclusive, evidence that the Democratic Party can experience a massive renaissance and reverse the anti-humanity, anti-environment plague of the Trump-Republican regime. Marching is great, resistance is essential and bringing constant pressure against the regime is important. But, in the end, victory can only be accomplished by one thing:  VOTE THE BASTARDS OUT OF OFFICE.

It is likely that, if you read this blog, you agree with me on this. But it is not enough for each of us individually to follow that prescription and arrange our affairs so we can vote in the 2018 midterms. There are many other potential supporters who, for a variety of “reasons” will not be sufficiently motivated to actually go to the polls or who, for a variety of reasons, will face obstacles to voting, either in their personal circumstances or because they are unaware how to handle the barriers to voting that have been erected in many jurisdictions. If we’re going to win this election going away, we each must reach out to such people and offer to help them by guiding them, driving them, just plain encouraging them, asking them to make the commitment to you personally and then remind them again on Election Day, taking the extra step to assure that every possible vote for Democratic candidates is actually cast on Election Day.

If you run into resistance, with, for example, someone telling you that for reason X or Y, they are going to vote for some third party single-issue candidate, you need to double down with that person and bring pressure on them so that they understand that voting for such candidates is the same as not voting at all or, worse, the same as voting for the Republicans and a continuation of the anti-American agenda they have pursued since Donald Trump was inaugurated. This is a solemn obligation of every right-thinking American. VOTE and make sure that every like-minded person you know also VOTES. This may be awkward in some cases, but if you approach friends on a positive, personal basis, they will generally respect what you are doing.

Understand that the supporters of Donald Trump are not going to just give up if they feel his position is being threatened. No matter what you may have read about the softening of his support, those folks who have found a way to believe in Trump are not going to sit at home whining about how the Democrats are organized and passionate about turning Trump and his cabal out of office. They will vote because they passionately believe Trump is a victim and that they are victims and that sense of victimization and loss is a powerful driving force that largely explains the shock vote in 2016.

That means that every vote is more important than ever. Recall that one legislative seat in Virginia was recently lost by drawing the Republican winner’s name from a bowl because the actual vote of the people was deemed to be a tie! Think about that – an “elected” representative chosen by drawing a name from a bowl.

That doesn’t happen often, but it can happen again. Moreover, the Electoral College vote was determined ultimately by a total of 77,744 votes in three states. Those votes represent .057 percent of the total votes cast for Trump and Clinton combined. Our fate was determined by the slimmest of margins. If this happens again in 2018, resulting in continued Republican control of the House and Senate, who will we blame then? We will just have to look in a mirror to see who is responsible.

Enjoy the photos. Be moved. Act! Join the ACLU. Or Moveon.org. Or Indivisible. Or all of them. Play a part, win the fight, win the war for the soul of the country. Save our republic and its democracy … without cholesterol.

Most Disturbing Statements Since Trump Was Elected

According to a recent report in Axios, cited by CNN’s Chris Cillizza, Donald Trump’s personal attorney, John Dowd, recently said the “President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution’s Article II] and has every right to express his view of any case.” http://cnn.it/2AUcpAw  That extraordinary claim has now been repeated in even more stark terms by the President (not mine) himself: ““I have absolute right to do what I want to do with the Justice Department,” Trump asserted in a widely reported interview with the New York Times. My emphasis on “absolute right,” because this is the type of claim made by dictators and kings. Under the Constitution there are few, if any, absolute rights and the right to break the law is certainly not one of them.

By extension, Trump’s principle leads to this: since every governor is likely the chief law enforcement officer in a state, the governor cannot obstruct justice under state law by interfering with the independence of the state office of attorney general.  And, since the police chief is the chief law enforcement officer in a city, he cannot obstruct justice either, no matter what he does or no matter what inspires him to act (e.g., here’s $100,000 to stop my friend (or me) from being prosecuted)? Or is it the mayor? Or both? Does Trump really believe that all these people are above the law and may interfere in investigations and prosecutions that could lead to themselves as targets? If that is the state of things, and you add up how many powerful people that involves, with command over the military, National Guard and police, you have the makings of tyranny and dictatorship.

Most likely, Trump never thought about the implications of his statement which he probably sees as applicable only to himself in his capacity as the supreme being.

Mr. Dowd, in his capacity as Trump’s lawyer, is entitled, of course, to make what are sometimes called “extension of law” arguments to support his client’s position, even if, as I believe is true here, the argument is pure poppycock. It is fundamental that a statement (read “expression of view”) made in one context may be harmless but pure poison if said to the wrong person or in a different context. Is the President merely expressing his opinion when he says to the head of the FBI “I sure wish you would let the Flynn thing slide,” and then fires the Director when he does not comply?

One might have pause over this in light of the supporting statements of Harvard Law Professor Alan Dershowitz (disclosure: I studied First Year Criminal Law under him). Dershowitz, however, as smart as he is, is not infallible. His position reminds me of some of the ultra-fine point-making for which law school classes were notoriously famous and are fine in an academic setting. In the real world we inhabit now, it proves way too much to say that the President of the United States is essentially immune from the law against obstruction of justice.

Dershowitz seems to be saying the President is “merely” exercising his Constitutional authority when he, for example, countermands a potential criminal prosecution or, for another, pardons himself or pardons targeted members of his staff even before they are charged with anything. He argues that no president has ever been charged for doing so. So what? Perhaps Special Prosecutor Mueller will be the first. There is always a first time and Trump seems primed to be it.

Obstruction seems just the kind of “high crime” that the Constitution’s impeachment provision was intended to expose to sanction by Congress and by law enforcement after impeachment succeeds.

This “I am the law” approach to governance is precisely what the Founders of the country were trying to overcome in fashioning a constitutional republic of laws, not of men. It was the essential lawlessness of the King of England, whose decrees were final and not subject to question, that the Founders intended to prevent when the office of the President of the United States was created with a provision for impeachment of the President for “high crimes and misdemeanors.” For a short, but incisive, treatment of this subject, read Impeachment, A Citizen’s Guide, by Cass Sunstein. [Note: I expect to discuss that, and some related books, in a forthcoming post.]

Mr. Dowd’s/Trump’s view that the President is both “the law” and “above the law” poses a threat to every American, including those who still think, if that word can be used here, that Trump is infallible. In this country, no one is immune from the reach of the law for crimes committed, including obstruction of justice.

No doubt an impeachment action based on obstruction of justice, collusion with enemies of the country, would end up in the Supreme Court pretty fast because Trump will never yield no matter how compelling the evidence. So, Mr. Mueller, the world turns its eyes to you. Whenever you’re ready. Bring it.

And Happy New Year.

More Republican Legislating in Secrecy

The Republican “tax reform” plan is now public. The details, such as they are, appear throughout the media, so I won’t repeat them here.

My point isn’t so much about the terrible concepts underlying the plan as it is about the way, yet again, that the Republicans have chosen to go about the business of legislating. They created this “plan” on their own and intend, it seems, to mark it up and force it through the Congress without hearings or other meaningful opportunities for input, except, or course by the lobbyists for the large corporations and the very rich.

That is not to say that reductions in the corporate tax rate are a bad idea; frankly, I am not sure about that, except to say that the claims of massive economic growth and production of new jobs are ludicrously overstated.

No, the point I struggle to make is that this is a really bad way to legislate on any matter of great public importance, of which the country’s revenue-raising system surely is a classic example. It seems that the Republican leadership is more concerned with delivering a “victory” to their failing president than they are about anything else. In doing so, they are turning their backs on Republican fiscal responsibility doctrine, thereby making complete their surrender to the chaos politics of their chosen leader.

Here is a relevant portion of the 2016 Republican Platform on which Donald Trump was ostensibly elected:

Our Tax Principles

To ensure that past abuses will not be repeated, we assert these fundamental principles. We oppose retroactive taxation. We condemn attempts by activist judges at any level of government to seize the power of the purse from the people’s elected representatives by ordering higher taxes. [???]

We oppose tax policies that deliberately divide Americans or promote class warfare. Because of the vital role of religious organizations, charities, and fraternal benevolent societies in fostering generosity and patriotism, they should not be subject to taxation and donations to them should remain deductible. To guard against hypertaxation of the American people in any restructuring of the federal tax system, any value added tax or national sales tax must be tied to the simultaneous repeal of the Sixteenth Amendment, which established the federal income tax….

The huge increase in the national debt demanded by and incurred during the current Administration has placed a significant burden on future generations. We must impose firm caps on future debt, accelerate the repayment of the trillions we now owe in order to reaffirm our principles of responsible and limited government, and remove the burdens we are placing on future generations.

You don’t need a PhD in the dismal science [economics, for the blessedly unacquainted] to see that those principles are going to be sacrificed by a tax regime that increases the deficit by something in the neighborhood of $1.5 trillion.

Someone once said that desperate times require desperate measures. However, the economy is growing robustly and there is no known rationale for a massive deficit-based stimulus.

In any case, I digress. All these arguments can be debated but not without actually having a debate. The Republicans are set upon a course that replicates their multiple failed attempts to eviscerate the health care insurance marketplace. No hearings, no public input, just an ideologically driven attempt to remake the country in the image of Donald Trump. The Republican tax plan is not going to do much, if anything, for the vast majority of Trump’s acolytes, but they seem unaware and uncaring. The cult of personality trumps (sorry) everything for them.

There is, however, an opportunity coming up in 2018 for the country to save itself from the demagoguery of this administration and its congressional enablers by returning control of the House of Representatives to the Democrats. That chance depends upon, among other things, whether the Democrats can stop bickering long enough to vote. And, of course, there is the slow burning fuse of investigations by Special Prosecutor Mueller, drawing ever closer to the center. The only question is whether it will be in time. Tick tick tick ….

Twitch Your Eyes So They Think You’re Crazy

Imagine, if you will, that Donald Trump and family/hangers-on are in a bar planning further destruction of the poor and middle classes. Some immigrant waiters have accused the group of cheating on their taxes and undermining the Constitution. Trump’s gang doesn’t take kindly to being told the truth. The two groups are about to tangle.

The bar doors swing open and in walks Sheriff Mueller, dressed in black and sporting double holsters marked “subpoenas” and “indictments.” The Sheriff counts off his steps as he approaches the group and says softly, “it about time you boys got out of town.” They laugh. The National Marshall is on Trump’s payroll and Trump and team are sure they are above the law.

This is, of course, fiction, except for the part about Trump and team being sure they are above the law. And, further, I didn’t make this up by myself.

In case you haven’t seen it, GEICO this year produced a great ad called the “Cowboy Showdown.” You can see it at  https://www.youtube.com/watch?v=MOG8AFPQcM4.  The basic idea is that in a typical Western bar scene, the sheriff confronts a scruffy trio of cowboys who have just been accused of card cheating. The sheriff tells the thugs that it’s time they got out of town, a demand met with hostile mirth by the cowboys. The sheriff then speaks his “left foot, right foot” steps as he moves in closer and then, in a close-up, says “Twitch your eyes so they think you’re crazy.” He does, as uncertainty spreads on the faces of the cowboys. And so on.

The ad’s humor resonates because almost everyone has seen variants of the scene in old western movies performed straight and serious.

The announcement of the indictment of Paul Manafort and Rick Gates reminded me of the ad, which in my view ranks right up there with the camel ad demanding that office employees acknowledge that it is “hump day” (see https://www.youtube.com/watch?v=7LtjzQaFZ3k).  The charges follow close behind Trump’s recent tweets chastising the Secretary of State for trying to negotiate a peaceful solution to the North Korean nuclear threat. In case you missed them, Trump tweeted: “I told Rex Tillerson, our wonderful Secretary of State, that he is wasting his time trying to negotiate with Little Rocket Man…,” followed by “Save your energy Rex, we’ll do what has to be done!”

This follows other tweets in which Trump has threatened the total annihilation of North Korea, amidst name-calling reminiscent of school-yard behavior of grammar school boys.

The connection between the GEICO ad and Trump’s Tillerson take-down is that this is how Trump negotiates. The sheriff is outnumbered three-to-one and is trying to intimidate the cowboys into giving up their advantage by indicating he is nuts and may do something irrational and unexpected. This spooks them into a state of uncertainty and weakness. However, the sheriff, at the end of the ad, is still outnumbered and in a precarious situation.

This how Trump negotiates – make the other side think you’re irrational and capable of anything, in this case undermining the credibility of your official representative, and thus may at any moment unleash the full fury of American military power against a sitting-duck North Korea.

The “I may be crazy so you better be careful” strategy is not uncommon in business and other negotiations, as you know if you have experience with negotiating in high-stress situations. But the strategy rarely leads to good outcomes against experienced negotiators who are familiar with the approach and know now to deal with it. The outcome can only be positive if the other side responds rationally. If the other side is genuinely bonkers too, the outcome can quickly lead to mutually catastrophic results.

In the case of North Korea, it seems highly likely that Kim Jong-un has, at best, a severely distorted view of the United States and the political system that produced Donald Trump as president. Many people in the West see this confrontation as the worst-case scenario in which a demented, angry and generally ineffectual Trump acts out his fantasies and gets the world into a nuclear confrontation that could be avoided by adult behavior. If both Trump and Kim Jong-un are indeed crazy, as much evidence suggests, we are in a boatload of trouble as a civilization.

The case establishing that Trump may be insane is growing with every passing day. He has now threatened to abort the Iran nuclear deal, dumping it into the lap of Congress, because, most likely, he has no real idea what to do. He has threatened to cut off assistance to Puerto Rico which, according to multiple credible accounts, is in a humanitarian crisis unlike anything ever experienced in modern times. Trump seems unaware that Puerto Ricans are American citizens. Or maybe he just doesn’t give a damn. They are, after all, not like the people who elected him.

And now, frustrated that the Republican-dominated Congress cannot fulfill his promise to end the Affordable Care Act, Trump also is ending the billions in federal subsidies that make it possible for the health insurance marketplaces to offer meaningful insurance for the millions of people most in need of it.

Trump’s presidency is the work of an incompetent and likely irrational madman. If not crazy in the clinical sense, he is unhinged from reality a substantial part of the time. He does not understand government, has failed to staff multiple critical leadership positions throughout the government and spends a huge amount of time golfing. He still lies constantly and is unnaturally obsessed with Hillary Clinton and with undoing everything President Obama accomplished. He is in constant conflict many of his “advisors” in the White House. Most importantly, he is set upon undermining the free press which is protected by the very same Constitution he swore to uphold on January 20.

Trump’s “eye-twitching” is the real deal, not make-believe or only for effect. He is the only president in history who took the oath of office knowing that his real intent was to undermine the federal government. His uber-entitled cabinet members, when they’re not undermining environmental protections, are flying around on private jets. His coterie of family members and true believers are enriching themselves at the expense of everyone else.

As one commentator has accurately observed,

It’s become standard for reports coming from the inside of the White House to acknowledge, slyly at first but now overtly, that Trump is in constant need of managing. He believes false reports and refuses to read truthful ones. He lashes out at anyone who hasn’t lied for him adequately. There are now entire reports devoted to his rage, his anger, his madness and his inability to accept responsibility. [http://slate.me/2ggY2xy, bold in original]

This is the situation for which the 25th Amendment to the Constitution, ratified in 1967, was designed. Whether or not he is a moron, as the Secretary of State recently labelled him, and even if not “crazy” in the clinical sense, he is certainly mentally unstable and incapable of responsibly executing the duties of the high office he occupies. Recall that he has access to the nuclear firing codes and is the Commander-in-Chief of the armed forces.

Unfortunately, the 25th Amendment, drafted by a senior senator from Indiana with the counsel of a constitutional law professor at Fordham, contains much vague language that makes invocation even more fraught than it would, in all events, be. It has also led to some sloppy analysis and commentary about what the amendment means. There are, for example, two alternative means for removing the president due to inability to perform. Sometimes, they are conflated by well-intentioned commenters on this most serious of constitutional questions.

One method is that the “Vice President and a majority of either the principal officers of the executive departments” (i.e., the Cabinet) may declare in writing that “the President is unable to discharge the powers and duties of his office.” In that case, the “Vice President shall immediately assume the powers and duties of the office as Acting President.”

The amendment then states that the President can make a written declaration that he no longer has an “inability,” at which point he resumes his office, unless the Vice President and a majority of the Cabinet declare in writing that the President continues to be “unable” to do his job. In the case of such conflicting declarations, Congress must decide. That decision requires a two-thirds vote (known as a super-majority) of both the House and the Senate. If Congress concurs with the Vice President-Cabinet majority, the Vice President remains Acting President; if not, the President resumes his office.

It seems pretty clear that the crafters of the amendment did not want to make it easy to remove a president. That was probably wise, but now the unthinkable has happened. A president with the emotional makeup of a ten-year-old has been elected and the Republican Party is prepared to support him no matter what he does.

This brings us to the second method of removal under the 25th Amendment. To understand it, you simply substitute “a majority of … the principal officers of … such other body as Congress may by law provide” for the ‘a majority of the Cabinet.’ Everything else in the written declarations process remains the same, including the role of Congress to resolve conflicts between the President and either the Vice President-Cabinet majority or the “Vice President and other-body” majority.

This appears to be a dead letter because Congress has never created that “other body” with a group of “principal officers” who could vote on the President’s “inability” to do his job.

It may occur to you that there is a potential circularity in the alternative method. This appears so because the Congressional creation of the alternative body must be provided “by law” enacted by Congress. Since Congress cannot by itself enact a law, it could be argued that the alternative body can only be created with the cooperation of the sitting president who must sign the legislation. No one would expect a sitting president expecting a political attack by his own Cabinet would ever sign such legislation to make it easier to remove him. The answer, I believe, is the second method probably would have to be set up by a responsible and rational president who was not expecting a removal effort against him. Once the president has become irrational, he simply won’t cooperate with the Congress on any alternative removal mechanism and, thus, the alternative removal mechanism could not be used.

The apparent assumption of the drafters of the 25th that the President and the Congress would always act in advance of a crisis and do so responsibly seems naïve in the current context. In any case Congress has never passed a law to create the alternative body to address the “inability” of the President to perform his duties and, in the present political setting, it is unlikely to do so.

Where, then, do we end up? With Sheriff Mueller securing indictments. The Republicans and their news agents at Fox News are, naturally, parroting Trump’s continuous efforts to deflect attention elsewhere, usually to Hillary Clinton. Like some B-grade crime movie, Trump keeps screaming, via Twitter, “look, look, it’s not me/us, she’s getting away! Get her!”

At this point it’s a bit late for Trump and his gang to get out of town, so Sheriff Mueller will just have to finish the job he started. Trump and Fox will continue to try to undermine him. Maybe Trump will try to fire him. That would be a fatal mistake. If Trump is counting on the Sheriff to blink first, that also is a mistake. Manafort is in for a rough spell if he is found guilty, so maybe he will do the smart thing and start telling the truth. Then whose eyes will be twitching?

Show Me Your Papers … Or Spend the Rest of Your Life in Hell

Hell in this case being, where else, a commercial airplane. The story, in case you missed it, is in the Washington Post: “Passengers sue government over immigration authorities’ demand they produce ID before leaving flight.” http://wapo.st/2gzQine The nine plaintiffs are represented by the American Civil Liberties Union.

The government has now gone full-Nazi, a trend apparent since Donald Trump took office and began finding ways to strip Americans of their Constitutional rights. According to the story, way back in February two Customs and Border Protection agents blocked the jet way to an arriving aircraft and demanded identification documents from passengers trying to deplane. The crew had announced that showing government ID was required to deplane. Allegedly (presumption of innocence, or in this case truthfulness), passengers with the temerity to ask ‘why,’ were told it was “routine.” Ha! That’s a good one. Routine.

The routine is to be checked against various no-fly lists when you make a reservation and to be required to show ID at two stops en-route to the plane for its originating flight: once at the airline check-in counter and again at the TSA security checkpoint. If you skip the counter, because, say, you have no luggage and pre-printed your boarding pass, you still must show ID to pass security and board the plane. People who fly even somewhat regularly know this. The assertion that the pre-deplaning demand for ID was “routine” is pure … poppycock.

Not surprisingly, the Justice Department and CBP would not comment about the incident but said that the non-comment “should not be construed as agreement or stipulation with any of the allegations.” Of course not. Everybody knows that when the Trump-led government refuses to admit something is true despite being witnessed by dozens of people, it’s …. Let’s move on.

According to the Post, the suit seeks to bar the government from demanding ID before deplaning without a warrant or some other individualized reason to ask. The government apparently acknowledged later that it was looking for an ”immigrant” who was subject to a deportation order to leave the United States. The flight in question was from San Francisco to New York JFK Airport. As reported, an official with the Department of Homeland Security said after the incident,

“When we’re asked by our law enforcement partners to assist in searching for a person of interest, we are able to, and will, help” …. “This isn’t a new policy or related to any new executive order.”

Of course, the target of all this activity was not actually on the flight.

To be clear, the CBP agents in question were doing the job that management had given them. They cannot be expected to say “hey, this is stupid. We can get the answer another way and without drama.” So, let’s stay focused on the real issue.

The incident raises the question: why couldn’t the federal government, using information already in its systems arising from the original clearance and boarding of the plan, have determined whether the target was on the plane? If the government was unable to do this, a serious concern about the integrity of the security process that controls who may board an aircraft is raised. Perhaps this will be explored during the litigation that has ensued from this ham-handed “intervention.”

Another question also intrigues me, but we’ll never know the answer:  what would have happened if one or more the passengers had said,

OK, I’m not subjecting myself to this process, that I believe violates my rights, so I’ll just return to my seat. I will stay on this plane until I am allowed to leave without having to re-establish my identity. I have enough food and water to hole up here for several days! Where are we flying next?

Would the federal agents have repeated the scene from the recent United flight in which a passenger refused to deplane and give his seat to an airline employee and was then violently dragged off the plane? Or, would they applied common sense and checked the computer records to see if the target was on the plane? Speculation is invited.