Month July 2024

The truth shall set you free

Pat Ryan Leave a comment

One nice thing about Joe Biden’s decision to drop out of the race for president and to endorse Vice President Kamala Harris for the job – and then her enthusiasm for the task as she began to gather more support among Democrats nationwide, plus the wall to wall coverage of those efforts – has been the brief respite we’ve enjoyed from hearing TFG’s constant attacks and whining complaints about…well, everything.  Even The New York Times has noticed, and immediately sought to give the Republican nominee something of a make-good by doing a story about the fact that he wasn’t getting stories done about him.

It’s an unfamiliar experience for Mr. Trump, who has monopolized America’s televisions, newspapers and smartphones for more than 12 months through indictments, primary victories, 34 felony convictions, an assassination attempt and a Republican National Convention at which he was celebrated as a quasi-religious figure.

In the three days since President Biden announced he was quitting the 2024 race, Mr. Trump has entered foreign territory. He has been largely crowded out from “earned media,” or organic news coverage that spreads rapidly among voters and costs campaigns nothing to produce. And his message has been, for the moment, scrambled as Democrats have replaced an old, frail white man with a younger Black woman who is campaigning energetically and giving new life to the Democratic base.

(snip)

The Trump team was not unprepared. They had planned for the possibility of Mr. Biden’s dropping out, produced anti-Harris videos and tested her vulnerabilities in private polls. But they were still somewhat surprised when Mr. Biden actually did it. Some of Mr. Trump’s advisers thought he seemed too stubborn — “too Irish,” one aide said — to buckle to the pressure to quit a race against a man he viscerally hated and believed he was best positioned to defeat.

And they were caught off guard by the speed and ruthless efficiency of the replacement. They figured that if he did quit, Democrats would have to stumble through at least a few weeks of turmoil as ambitious Democrats jostled for their shot at the national stage.

(snip)

Mr. Trump was furious about the switch. He complained it was unfair that Democrats were forcing him to start over with a new opponent after he had spent all that time and money fighting Mr. Biden.

Boo-hoo.  What are you, five years old?  “They’re not being fair to me, they’re not being nice.”  Try to act like an adult instead of an entitled narcissist who doesn’t want to play the game unless it’s rigged…who keeps telling the same disproved lies over and over because you’ve got nothing else to say.

Which reminds me, I have a suggestion for anyone who finds themselves trying to argue some point or other with a Trump-ish opponent primed with the standard firehose of falsehoods: don’t think you have to fully refute every single specious argument they make.  You can take the trouble to point out the error, but they aren’t going to accept your argument – they will respond with another lie.  Trump does this all the time.  Instead, use forensic judo on them: respond to their torrent of lies with truths: fill the air with the good facts and let the leaden falsehoods from the MAGA mouths thud to the floor.

If you’re a supporter of Kamala Harris, deny the false attack on her and proudly reply with her true position on the issue.  No candidate for office, ever, has had a position on each issue that satisfies all potential voters.  On some things, we just disagree; that’s OK.  She is not running for God, and she doesn’t have to agree with you on every single topic to be a good president.  She starts with one insurmountable advantage: her election as president keeps Trump out of office and stymies efforts to implement the Project 2025 goals that the criminal Trump denies knowing anything about.  Which is, of course, another Trump lie.  (Add that to the more than 30,000 documented lies he told while he was president, or the 30 more “false claims” he managed to squeeze in during less than 90 minutes on stage in last month’s debate.)

If you feel you must knock down the stupid argument, here is a new, handy, fact-check sheet with to-the-point refutations for the usual false claims about job creation, inflation, tax cuts, government debt, tariffs, Ukraine, immigration, crime, and who is the worst president of all time.  (I think you know where that one is going.)

After Such Violence, the Center Must Hold

Pat Ryan Leave a comment

New York Times opinion writer David French had these thoughts soon after the apparent assassination attempt against Donald Trump on Saturday evening. I hope we can all share his sentiments as we go forward.

“Things fall apart; the center cannot hold.” William Butler Yeats wrote these words in his poem “The Second Coming” in a different time of violence and fear. The year was 1919, Europe was still reeling from World War I, a deadly influenza pandemic was sweeping through the world, and the Irish war of independence was underway. Yeats was writing from the heart of a storm, a storm that would grow indescribably worse in 20 short years.

I think of Yeats’s words often. By “center,” he’s referring not to some kind of moderate political middle but rather to the moral center of civilization. When the moral center gives way, nations fall.

I thought of those words again when I saw the blood on Donald Trump’s ear on Saturday. Now is the time for America’s moral center to rise up and declare — with one voice, neither red nor blue — “Enough.” We either recover our sense of decency and basic respect for the humanity of our opponents, or we will see, in Yeats’s words, the “blood-dimmed tide” loosed in our land.

The cultural conditions for chaos are created by a lack of courage and character. Yeats lamented that the “best lack all conviction, while the worst are full of passionate intensity.” And already, we’ve seen the passionate intensity of the worst on display. Members of one extreme faction have claimed the shooting was an elaborate ploy to generate sympathy for Trump. At the same time, members of the opposing extreme faction have attempted to claim that President Biden is responsible for the attack.

How does the center hold? Democrats and independents must stand in solidarity with Republicans, grieving for the dead, praying for the wounded and giving thanks that Trump survived with only a minor wound. Virtually every leading Democrat has condemned the violence with a loud voice, and Biden has both condemned the violence and spoken to Trump directly.

All of this is good and necessary, but it is not sufficient. Each of us has our own role to play, in our own circles of influence, either big or small. There has rarely been a better time to love our enemies, to pray for our nation and to remember — during one of the most fraught political campaigns in generations — that each and every one of us is a human being, created in the image of God.

This is not your Founding Fathers’ America

Pat Ryan Leave a comment

When we feel our treatment by our rulers has become so intolerable, so unjust – so inhumane – that we must declare our independence among the peoples and nations of the world, it just makes sense that we should explain to the rest of the world why we are doing it.  Here goes.

–Pat’s paraphrase of the preamble to the Declaration of Independence

The Founding Fathers then laid out the Declaration of Independence of the 13 “united States of America” which included the self-evident truths of the “unalienable” rights that they believed are the birthright of all humans.  Point by point, they laid out their grievances against George III and insisted they had made every good faith effort to resolve differences peacefully.  They explained that they had appealed to the goodness and mercy of “our British brethren” to end the mistreatment from which they suffered, but found them unresponsive.  And in light of those facts, they declared to the world that they and their fellow Americans were going into business for themselves.  The war that had begun the previous year was concluded by treaty in 1783; by 1787 a new Constitution of the United States was approved on behalf of the people of the new nation “in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity…”.

That legal framework set out principles to guide our development and our lives, including the principle that no man is above the law.  That idea had a pretty run there, right up until last Monday when the Supreme Court of the United States decided that presidents and former presidents of this great country were effectively kings or queens.  And despots, if they choose to be.

Immunity from prosecution.  The Justice Department has a policy that no sitting president can be prosecuted while in office, but there was no law that said that, and nothing explicit in the Constitution says a former president is immune from prosecution for officials acts taken while in office.  The high-minded concept was that a president was a person given certain powers to exercise – temporarily – on behalf of his country and in its best interests, and who would then return to his life as a regular citizen.  Would President Gerald Ford have granted Richard Nixon a pardon after his resignation over Watergate crimes if anyone had thought that the former president was immune from prosecution?  No one before has ever had the temerity to claim he had immunity from prosecution…or quite frankly, the need for immunity…before you know who.

A man made famous as much for his over-use and abuse of the legal system as for his dubious business skills that necessitated all the suing and threats of suing had nothing to lose and everything to gain (and no shame) by making an unsupported legal claim that had the desired effect of delaying his trial on felony charges of trying to overturn the legitimate results of the 2020 election.  The trial court judge hearing this case rejected the claim of immunity, so did a unanimous panel of the U.S. Court of Appeals.  The Supreme Court…well, the Supremes (1) surprised many when they agreed to hear the case at all, causing a delay until (2) they heard oral arguments April 24 and then (3) “deliberated” the rest of April, all of May and all of June – more than nine weeks – before issuing the ruling.  Guess it takes a while to create a whole new right not found in the Constitution, especially when you had said yourself, under oath, that such a right did not exist:

https://twitter.com/AccountableGOP/status/1808191057236000975
https://twitter.com/AccountableGOP/status/1807835389865951253
https://twitter.com/AccountableGOP/status/1807855254006124944

Hmmm…same folks who said Roe v. Wade was settled precedent. Interesting…

The idea proposed by Trump lawyers in oral arguments was that immunity is needed to protect former presidents from being corruptly prosecuted by their successors; whether or not that is true, there was no such right in the Constitution until this court created it with this ruling.  When was the last time you saw a former president pursued in the legal system by a previous president?  (If you said Biden is doing it to Trump right now, that is the wrong answer; he’s not.)  You haven’t seen it before: not even the lawless Trump went after Barack Obama or his other predecessors!  The assertion that this is a real and dangerous prospect is based on nothing in law or custom or history; it is a projection from Trump’s narcissistic personality disorder wherein he knows what he wants to do to Joe Biden and to every other perceived enemy, and his fevered brain assumes that’s how everyone else operates, too.

Not only did the court create a right that wasn’t there (don’t you just hate those activist judges that Republicans have been warning us about?) but, as argued by Thomas Wolf of the Brennan Center for Justice, “The Court has created an elaborate system of ambiguous rules that will not only ratchet up the complexity of the case against Trump but also erode the checks on presidential illegality. It is both a roadblock to prosecution and an encouragement to more insurrection.”

The procedures the Court has crafted to go with [the new rule] are pitched in Trump’s favor. Whenever the case returns to Judge Tanya Chutkan’s trial court, Trump will be presumed immune by default; the burden will be on the prosecution to establish that he isn’t. The Court’s definition of “official acts” cuts extremely broadly, stretching to “the outer perimeter of [Trump’s] official responsibility.” (The Court refused to say exactly where that perimeter ends.) The prosecution must show that prosecuting Trump for those official acts “would pose no dangers of intrusion on the authority and functions” of the presidency (emphasis added). The prosecution won’t be able to claim an official act was “unofficial” because of the president’s motives for doing it. (emphasis added) And Trump can seek another round of appellate review if the trial court doesn’t rule him immune. Should the government clear these hurdles, it won’t be able to use the “testimony or private records of [Trump] or his advisors” about official acts to prove his guilt. (emphasis added)

The Court justifies all this new complexity as necessary to protect imaginary future presidents from imaginary future prosecutions. It does not, critically, justify it as a response to the acts of the real and credibly accused former president in the case before it. Just as members of the Court’s conservative supermajority consistently steered the conversation at oral argument away from Trump’s charges, they do not even try to grapple with the bigger implications of applying their new rule to the case in front of them or the consequences if their rule ultimately lets Trump skate. Instead, the Court bows out of the case with the tidy but myopic claim that it “cannot afford to fixate exclusively, or even primarily, on present exigencies,” lest “transient results” threaten “the future of our Republic.”

The Court doesn’t engage with the ramifications of its opinion, because it can’t — at least not without exposing the fundamental bankruptcy of the whole edifice it has just built. The majority’s ruling cannot possibly be the rule for any functioning democracy. Trump has been charged with attempting to overthrow the election that threw him out of office. Any rule that would grant a president immunity for that crime would remove the principal check on presidential abuses of authority in our democratic system: the vote. And it would encourage other losing candidates to try the same in future elections. (emphasis added)  It is in this sense that the Court’s opinion is truly lawless. It does not merely invent constitutional rules that are antithetical to our founding commitments or enduring values. It threatens to free presidents from the constraints of law and democracy. And it paves the way for future presidents to try to make good on the most antidemocratic of all propositions: might makes right.

In reaching to resolve future imagined cases of presidential criminality while downplaying the actual criminality before it, the Court has imperiled accountability for Trump’s wrongs. It has done severe violence to our law. And it has left our democracy exposed.

Look at what Trump did while president – I mean, just the things we know he did – when there was no presumption of immunity from later prosecution; just what the hell do you think he’ll do next time if given the chance?   What about his calls for televised military tribunals of Liz Cheney and other enemies?  Immunity!  What about all the assaults on our system being planned by his supporters behind Project 2025?  Immunity!

And what about this threat from the president of the Heritage Foundation that “We are in the process of the second American Revolution, which will remain bloodless if the left allows it to be.”?  Uh, do what we want and you won’t be hurt?  Really?

And this whole depressing development comes on the heels of a televised “debate” in which we saw one candidate for president lie his ass off for 90 minutes and the other look like an elderly deer caught in the headlights; Biden is now telling Democratic governors he’s fine but needs to stop working by 8 p.m.  I got the feeling this is going to get even weirder.