One piece is still missing

Two days.  It’s been two days since Major League Baseball Commissioner Rob Manfred issued his report finding my Houston Astros guilty of cheating in 2017 and 2018 for using technology to steal signs from their opponents.  Guilty of violating an official, written rule that applies to all teams, and having continued to do so after all the teams had been directly warned not to do this very thing.  Guilty of action that potentially effected the outcome of games, a threat to the integrity of the sport not so far removed from the one posed by players gambling on baseball, the thing that led to the Black Sox Scandal and the creation of the office of the commissioner and any number of suspensions and “banned for life”s of players and managers and coaches over the years.

The team will pay a very large fine, lose its top two draft choices this year and next year, and proceed without the general manager and field manager who are credited with turning the worst team in baseball into the 2017 World Series Champions.  That’s a pretty stiff penalty.  The manager admits knowing what was going on and regrets not doing enough anything to stop it; the general manager claims not to have known what was going on, but the report’s conclusions indicate he did, at least to some extent.  They were both suspended by the league, and then fired by the team’s owner, because leaders are responsible for the actions of those they lead, and this time the leaders are taking the fall.

For the Houston Astros players.  Who, as best as I can tell, have so far said absolutely nothing about the report that labels some of them cheaters.

The report finds

The Astros’ methods in 2017 and 2018 to decode and communicate to the batter an opposing Club’s signs were not an initiative that was planned or directed by the Club’s top baseball operations officials. Rather, the 2017 scheme in which players banged on a trash can was, with the exception of [then bench coach Alex] Cora, player-driven and player-executed. (Emphasis added.)

(snip)

Most of the position players on the 2017 team either received sign information from the banging scheme or participated in the scheme by helping to decode signs or bang on the trash can. Many of the players who were interviewed admitted that they knew the scheme was wrong because it crossed the line from what the player believed was fair competition and/or violated MLB rules. (Emphases added again, with regret.)

Then why didn’t baseball punish the players?  This is Manfred’s answer:

I will not assess discipline against individual Astros players. I made the decision in September 2017 that I would hold a Club’s General Manager and Field Manager accountable for misconduct of this kind, and I will not depart from that decision. Assessing discipline of players for this type of conduct is both difficult and impractical. It is difficult because virtually all of the Astros’ players had some involvement or knowledge of the scheme, and I am not in a position based on the investigative record to determine with any degree of certainty every player who should be held accountable, or their relative degree of culpability. It is impractical given the large number of players involved, and the fact that many of those players now play for other Clubs.

We, each of us, may choose to argue the commissioner’s rationale (or perhaps, rationalization), but there it is.  Players will not be assessed fines or suspensions or the like.  But they will suffer, justifiably, in the court of public opinion.

Grown men, some very young and some a bit older, but all adults who should have known better; men who told the investigators they would have stopped cheating if only their manager had told them to stop.  He didn’t, and I still don’t understand why he didn’t, but the players who for years had nothing bad to say about their skipper (at least not in public) have cost him his job and maybe his career.  And not one of them has had anything to say.

No one has denied that they cheated.  No one has claimed they exercised bad judgment, or felt peer pressure to break the rules, or tried to explain that they didn’t think that what they did was really so bad after all.  Not a single one of them has said “I’m sorry,” at least not that I’ve been able to find.

Today’s professional athlete has plenty of ways to communicate with the fans, even in the off-season, and they don’t have to wait until a reporter from a local outlet runs them down to get a comment.  I checked around to see if any of the the big names of the 2017 Astros have “reached out,” as they like to say.  Altuve, Bregman, Correa, Springer, Gurriel, and Reddick; Verlander and Keuchel and McCullers and McHugh; Marisnick and Beltran and Marwin and Evan Gattis; even Max Stassi!  Not a one of them has peeped since Manfred lowered the boom Monday morning or since owner Jim Crane fired GM Jeff Luhnow and manager A.J. Hinch Monday afternoon.  Crane has had his say; Luhnow and Hinch have released statements; but from the players, nothing.

Surely none of them thinks he is going to be able to dodge this forever, or even for long.  There will be no getting away with sitting on the dais at “the facility” and proclaiming “I’m not here to talk about that today, I’m here to talk about the new season.”  And if I get even a whiff of “the team did not make the players available for comment,” I will surely open a vein, or send a sternly-worded letter…somewhere.  Jeez.

Fellas, you owe it to the fans.  We may not forgive you and get over it right away even if you mea culpa, mea culpa, mea maxima culpa over over the place, but I can promise you that a hell of a lot of us will never get over it if you don’t even try.

It can’t get any worse? The hell you say

Now, a brief interruption of this blog’s on-going obsession with the intolerable behavior of our #IMPOTUS, to offer evidence of the complete falsity of that old saying: it can’t get any worse.

Despite national championships from its professional basketball and baseball teams, and never even once from its NFL team, Houston is a football town in a football state.  Always been that way.  The Houston Oilers were the champions the first two years of the American Football League and never won it all again, but they were still the darlings of this town.  Even when they set a league record for blowing the biggest lead ever in a playoff game (a record that still stands!), the people generally got over it by the start of the next season.  (Didn’t forget, mind you, but bravely pressed on.)  Their owner was hated, but the team was loved, and in 1997 when the hated owner made good on his threat and packed the team off to Tennessee, general melancholy set in among the folks left behind to mourn.

For many, a reason to live again came with the NFL expansion Houston Texans, who started league play in 2002 in a shiny new stadium that made the Astrodome look…well, just sad.  Like most expansion teams (except the Oilers), the Texans were terrible; and yet, they have never not played before a sellout crowd in their home stadium.  Because Houston is a football town, and the Texans are our team no matter what.  In the past few years they have pretty regularly won the division in which they play, but have a losing record in the playoffs and have never gotten to the conference championship game and had a chance at the league championship game (which dare not speak its name).  This year they had a come-from-behind victory in the first round of the playoffs which got them to a second round game against a team they had beaten during this regular season, and they started that game this past Sunday with a 24 point lead in the first quarter and so it looked like everything was going to go right this time.  Right up until it didn’t.  They gave up the whole 24 point lead, and more…much more; they were an utter embarrassment, far worse than most people predicted: I mean, c’mon, what kind of team allows the opponent to score touchdowns on SEVEN CONSECUTIVE POSSESSIONS?!?!

Today, there was general malaise, a lot of moping around, at least among those who weren’t still screaming at the execrable performance from Sunday or receiving treatment for their high blood pressure resulting therefrom.  Disbelieving stares were exchanged in offices between co-workers who just couldn’t believe what they had seen on Sunday.  The weather today also stunk, in the 50s and low 60s, drizzly and rainy all day long, nothing to help lighten the mood, even just a little.  So when the bad news came today about the Houston Astros—and it was bad—it reminded me of the line from “Body Heat” when Ned Racine said “Sometimes the shit comes down so heavy I feel like I should wear a hat.”

Major League Baseball has apparently had its eye on the Astros for some time now, due to allegations that the team was breaking the written rules of baseball by using technology to steal the other team’s signs.  Late last year, pitcher Mike Fiers was quoted saying that when he was an Astro in 2017—the year they won their one and only World Series championship—there was an elaborate plan to signal the batters so they would know what pitch was coming.  That sparked a new investigation…today, Commissioner Rob Manfred released the report:  in summary, it said that, yes, the Astros cheated; they cheated even after all the teams had been specifically warned not to do this very thing (after an investigation into allegations against the Boston Red Sox); that although the front office wasn’t behind the scheme the folks up there should have known and done something about it; and that the field manager, who knew what was going on but disapproved, didn’t stop it, either.  (I’m still chewing on that: how does a manager who disapproves of his players conspiring to steal signs and sending signals to their teammates by beating on a trash can not put a stop to it?)

As punishment: the Astros lose first and second round draft choices in 2020 and 2021, pay a five million dollar fine, and the general manager and the field manager are each suspended without pay for all of the 2020 season!

Wow.  Let me start right there — wow: big fine, four top draft picks gone, and the loss for a season of the general manager who transformed a train wreck into a winner and the manager who made it work and was widely regarded as one of the best in the business these days.  Thinking that this was about as low as we could go, right…nope:

The owner fired the GM and the manager!  Baseball suspended them but Jim Crane fired them both: “I felt that, with what came out of the report, they both had responsibility.  Jeff [Luhnow] running the baseball operation and overseeing AJ [Hinch]  and all of those people associated with that. And AJ, on the bench and was aware, if you read the report, it’s pretty clear. AJ didn’t endorse this, and neither did Jeff. Neither one of them started this, but neither one of them did anything about it. And that’s how we came to the conclusion.”

We’ll see if Crane is right, if his extreme punishment is enough to convince the fans in this town that his team is serious about playing by the rules, and they keep on creating traffic jams on the concourses at Minute Maid Park.  We’ll see who the team hires to take over for Luhnow to run the baseball operation and who replaces Hinch in the dugout, with only a month to go before pitchers and catchers report to training camp.

One thing is for sure. though: I will not assume that the worst is over.

It matters

Today the U.S. House of Representatives impeached the president of the United States.  Even though the chances are vanishingly small that the United States Senate will remove this president from office over these two articles of impeachment, that matters.

Read the Mueller Report.  Read the House Intelligence Committee report.  Read the House Judiciary Committee report.  Read the summaries of any of those documents.  Or just think about all the incredible stories of the goings on of the president ever since Donald Trump was sworn into office.  There is more than enough evidence for a clear-eyed observer to conclude that Trump has committed impeachable offenses…so many, and so blatantly, in fact, that to not impeach him would have been the grossest example of the House ignoring its responsibility to perform checks and balances of the Executive Branch.  Any president who had done what this one has done would deserve to be impeached, too, to be shamed and held up to the ridicule of history, and have the Senate vote to remove him or her from office for the good of the country.

But wait: the place is swarming with Republicans who say there is no proof that Trump did anything illegal, or even improper, or impeachable at all.  Many of them are actually screaming it, and then insisting Trump is the best president ever—not just better than Obama or Clinton or Bush (either one) but better than Washington or any of those other dudes.  It’s fascinating.

I get it that party loyalty is important, if you’re a member of a party, and I get that there are more members of Congress than I would like to admit who actually love what Trump is doing and won’t do anything to get in his way.  That includes so many who were seemingly appalled by Candidate Trump, who saw him as a threat to the country; now they have his back without question.

Why in the world are all these people so servile to Trump?  Why in the hell don’t these men and women, who in most other circumstances behave as though they are the highest expression of God’s own creation, act the part of members of Congress and assert their authority as a co-equal branch of the government?  They may be loyal to a president of their own party, or to the president of our country, but they don’t work for him and they aren’t there to do his bidding.  They may agree with the president’s policies and support his goals, but they have a responsibility to their constituents, and the Constitution, and to the rest of us, too, to be a restraint against a president who oversteps his bounds.  They have taken the art of deluding themselves to the zenith, and achieved a new nadir when it comes to supporting their party at any cost.  Hard to understand how they don’t see that their own reputations and honor and place in history are at risk, each and every one of them.

As troubling as it is…as confusing as it is…to see so many apparently intelligent and well-educated people publicly forsake the evidence of their own senses to support a president who has so clearly demonstrated his utter contempt for the rule of law and the oversight role of the Congress in American government, it’s even worse to see those among them who are abdicating their own part in this government, apparently without a fight.

The Constitution gives the House the responsibility to impeach a president or other government official, and the Senate the role of jury in a trial of the president presided over by the chief justice of the United States.  So how, in the name of all that’s right and moral and legal and American, can the man who leads the majority in the U.S. Senate say he will work with the White House counsel to arrange the details of the trial?  And do it like it’s no big deal?!  We know that the chances of the Senate convicting Trump are microscopic, but what are we supposed to think now about the fairness of this proceeding, or the honesty with which the senators will consider the evidence, when the jury foreman announced in advance that his team will work hand-in-hand with the defense lawyers?

If anything, Mitch McConnell should be coordinating trial details with the Democratic leader in the Senate.  On Monday came the news that Charles Schumer wrote to McConnell proposing a framework for the trial, including the names of a handful of witnesses who never testified to the House investigators, people he would like to hear from in the Senate trial.  McConnell dismissed the idea; he even said there would be no witnesses.  We can, and should, speculate about the reason for that stance; I think he’s worried that his members might not be able to countenance their support of Trump if they heard what Mick Mulvaney and John Bolton would say under oath.

Or is McConnell kidding himself when he thinks he’s going to be in charge? In Slate, Bruce Ackerman argues that the Senate can’t bar any witness, that it’s up to the House and the president—the prosecution and the defense—to decide those things.  And most importantly, that it will be the presiding judge—Chief Justice John Roberts—who will run the court.

Once John Roberts replaces Vice President Mike Pence as the Senate’s presiding officer, McConnell’s attempt to change the rules would generate a constitutional crisis. As I have noted, the rules explicitly give Roberts, and nobody else, the power to “direct all forms of the proceedings.” If McConnell tried to seize control, Roberts could refuse to allow the Senate to vote on his initiative, especially if McConnell proposed rule changes that were inconsistent with Roberts’ pledge “to do impartial justice.”

(snip)

The chief justice is a serious jurist, dedicated to sustaining the Supreme Court’s central position in our system of checks and balances. His impartial conduct of the trial is especially crucial in the aftermath of the blatant partisanship displayed by McConnell and the Senate during the confirmation battle over Brett Kavanaugh. With this episode vividly in the public mind, it is imperative for Roberts to demonstrate, by his actions, that he takes the Constitution seriously and is not merely serving as a pawn in McConnell’s scheme to guarantee an acquittal.

If the majority leader did make an effort to change the rules midstream, this would serve as Roberts’ moment of truth: Will he demonstrate to the tens of millions of viewers that he is determined to put the Constitution above bitter partisan conflict?

Given Roberts’ repeated efforts to sustain the court’s legitimacy in the past, there is every reason to expect him to stand his ground and refuse to allow McConnell’s motion to be considered on the floor. If McConnell continued to defy Roberts and insisted that his colleagues back him up, it seems highly unlikely that his fellow Republicans would provide him with the bare majority needed to provide appropriate window dressing for his attempted constitutional coup.

This week began with news that 750 historians believe Trump should be impeached, and that a Fox News poll found half the country thinks Trump should be impeached.  This poll also finds Trump would lose the popular vote in November to Biden, or Warren, or Sanders, or Buttigieg, or even Bloomberg.  But for me, the best part of that story was seeing the Fox & Friends contingent so thoroughly gobsmacked to have to learn that their own network’s poll had such bad news for their guy…it revealed at least a little of the subconscious understanding on their part that their company’s preferred role is pimping Trump rather than doing journalism.  Another interesting consideration was raised by Charles P. Pierce, who makes the case that the Republican Party is the only organization—anywhere—that has a chance to save the republic.

What if, I think to myself, what if the Republicans have a plan: what if they’ve lulled Trump in with their obsequiousness and shameless praise—the kind of stuff that Trump so clearly loves and encourages—and when it comes right down to a vote, what if they surprise the crap out of all of us and vote to remove him from office?  Can we rely on a sudden tsunami of personal conscience, or love of country, or just plain old fear for how they will be remembered by history, to save the day?  Maybe they will see just one too many examples of Trump’s childish temperament, like his unhinged letter to Nancy Pelosi yesterday, and decide they’ve had enough.

They could just finally get fed up with the president’s obstruction of justice, and obstruction of Congress.  Of them.  No other president I can think of has ever so publicly dissed Congress, and thumbed his nose at the law, as has this one.  (On this point, Trump may accurately claim to be the best in history.)  Congress has a right to ask for, and receive, cooperation from the Executive Branch in its investigations.  Though there are exceptions for withholding some information—executive privilege—the people who get Congressional subpoenas have a duty to honor them.  Maybe they refuse to answer questions when they get there, but they have a duty to answer the call of the Congress.  In ordering the people in his administration not to do so, Trump effectively said to Congress: uh, f*** you losers, make me if you can.  And yet, most of the Republican members of Congress still stand up for him, rather than stand up to him.  Go figure.

Anyhow, the House vote to impeach Trump is important.  It matters that we have members of Congress who are standing up to the bully, reminding him and us that abiding by the rules and laws and traditions of this country is expected.  The oath those members took was to defend the Constitution “against all enemies, foreign and domestic,” and they should be faithful to that promise.  And if Trump is not removed by the Senate, there are still options.  One is that the House could delay sending the impeachment to the Senate until senators agree to conduct a fair trial: this would keep McConnell from fixing the outcome of the trial while the House keeps the focus on Trump’s bad deeds, which could keep pressure on Republicans to abandon Trump as the Republicans of 1974 finally abandoned Richard Nixon.

Another option is pouring everything into defeating Trump at the polls in 2020.  This week a group of Republicans announced the Lincoln Project dedicated to defeating “Trump and Trumpism at the ballot box.”  The organizers wrote about their effort in the New York Times, and didn’t sugarcoat the fact that Trump is not the only name they are targeting for defeat:

Patriotism and the survival of our nation in the face of the crimes, corruption and corrosive nature of Donald Trump are a higher calling than mere politics. As Americans, we must stem the damage he and his followers are doing to the rule of law, the Constitution and the American character.

That’s why we are announcing the Lincoln Project, an effort to highlight our country’s story and values, and its people’s sacrifices and obligations. This effort transcends partisanship and is dedicated to nothing less than preservation of the principles that so many have fought for, on battlefields far from home and within their own communities.

This effort asks all Americans of all places, creeds and ways of life to join in the seminal task of our generation: restoring to this nation leadership and governance that respects the rule of law, recognizes the dignity of all people and defends the Constitution and American values at home and abroad.

(snip)

…national Republicans have done far worse than simply march along to Mr. Trump’s beat. Their defense of him is imbued with an ugliness, a meanness and a willingness to attack and slander those who have shed blood for our country, who have dedicated their lives and careers to its defense and its security, and whose job is to preserve the nation’s status as a beacon of hope.

Congressional Republicans have embraced and copied Mr. Trump’s cruelty and defended and even adopted his corruption. Mr. Trump and his enablers have abandoned conservatism and longstanding Republican principles and replaced it with Trumpism, an empty faith led by a bogus prophet.

(snip)

Mr. Trump and his fellow travelers daily undermine the proposition we as a people have a responsibility and an obligation to continually bend the arc of history toward justice. They mock our belief in America as something more meaningful than lines on a map.

(snip)

We look to [Abraham] Lincoln as our guide and inspiration. He understood the necessity of not just saving the Union, but also of knitting the nation back together spiritually as well as politically. But those wounds can be bound up only once the threat has been defeated. So, too, will our country have to knit itself back together after the scourge of Trumpism has been overcome.

A seemingly well organized effort, with some serious money already committed: Republicans out to convince other Republicans to fight Trump and those of their own party who enable him.  They expect that will mean Republican losses in the next election, but believe that to be preferable to another four years of Trumpism.  The polls indicate that most Americans agree, if not most Republicans.

For those who are fighting the feeling

The genius of Donald Trump—or maybe just the effect of his incredible self-absorption, I’m not sure—is that he just won’t shut up.  He talks and prattles and chirps and rants and rages and scolds and belittles and Tweets and goes on and on and on, perhaps not as smoothly as he once did but still at a rate that’s frustratingly hard to keep up with, because so much of it is just plain nonsense.  Since he took office as president, journalists have compiled the lists of his lies into the many thousands, but there’s so damn much that it’s hard to remember it all, hard to keep straight in your head all the outrageous and patently false, and dangerous, and self-serving things he has said.

That’s where the impeachment process finds itself this week as it enters a new phase—the beginning of public testimony before House committees—which I believe will accelerate the American public’s growing realization and understanding that Donald Trump is not fit to hold office, and that he deserves to be tried in the United States Senate and removed from office.

The evidence of impeachable acts and lack of proper temperament for this job has been out there all along, like a scattering of bread crumbs, leading to an inescapable conclusion for those who are willing to honestly review the evidence.  A whistleblower complaint in September led us all to the now-famous July phone call between Trump and the president of Ukraine that kick-started the impeachment process in the House of Representatives, which has turned up a growing number of people within the government who have given depositions with information supporting the accusations against the president.  That includes information supplied by the White House itself, albeit as it feigns innocence and asks, incredulously, what’s so wrong with that?  The polls indicate the start of a swing in public opinion in favor of investigation, and impeachment, and a Senate trial.

But now we won’t have to read the transcripts of depositions.  With televised public testimony from witnesses, we will all be able to see and hear the stories of what happened, and judge their credibility, for ourselves.  (We will also be able to judge the credibility of the House questioners; I hope they get that.)  I expect the volume of testimony, coming from people who joined Trump’s government out of patriotism and the desire to part of an effort they supported, and who have no ax to grind and no reason to lie, will persuade many of those who are leaning against Trump, but have been thinking this was all being blown out of proportion by his political rivals and should just go away, to understand that this is all real and must be addressed.

We have all been in their position at one time or another in our lives.  We have all supported a candidate or an officeholder, a coworker or a business associate, a family member or a friend, who turns out not to have lived up to their promises or our expectations; who has lied to or stolen from us; who has disappointed us in some unimaginable way.  It can be hard to admit to ourselves that we made a mistake, that we were taken advantage of, that our trust was abused.  It can look like we’re fighting like hell to give that person the benefit of the doubt, when we’re really fighting to keep from admitting that we got played.  It’s a natural feeling, and I empathize with those who are fighting the feeling right now.  Listening to the testimony changed minds when Congress did an impeachment investigation of Richard Nixon, and I bet the same will happen here.

On a related note, for those who couldn’t push through a reading of the Mueller Report and thus aren’t armed with an understanding of its real findings, may I suggest you listen to the Lawfare podcast The Report.  In fifteen episodes it lays out the allegations in the Mueller Report in a way that helps people get it; if you want to just lay still and let the investigated truth wash over you, take a listen.

In which the President of the United States makes plain that he really doesn’t get it

Wait, what?

It’s not the “Ukraine” part that makes it an impeachable offense, you know.

I’ll set the over/under at two on the number of Republican members of Congress who by the end of the weekend will finally wake up, ask “what died in here?” and bravely come out in favor of the impeachment investigation. Baby steps.