Same song, next verse

When I was a college student in the capital city of Texas, the mayor once held his regular weekly news conference and was asked to comment on the fact that the state legislature was about to begin another biennial session under the big pink dome.  His immediate reaction was to say “Lock up the kids and dogs.”

America, your legislature is back in business: the House of Representatives has selected Mike Johnson of Louisiana as its new speaker.  Who is that, you ask, and what does he believe in?  Among other things, he

So, we got that going for us…which is not nice.  Ruth Marcus writes in the Washington Post that any sense of relief you might be feeling that a well-known extremist like Jim Jordan was not elected by Republicans in Congress is misplaced.

For Jordan’s shirt sleeves demeanor and wrestler’s pugnacity, substitute a bespectacled, low-key presentation, a law degree and an unswerving commitment to conservative dogma and former president Donald Trump.

This is not an upgrade. It is Jordan in a more palatable package — evidently smoother, seemingly smarter and, therefore, potentially more effective.

Johnson, now serving his fourth term in Congress, was the moving force behind aSpeaker Johnson Supreme Court brief that helped lay the shoddy intellectual groundwork for Jan. 6, 2021. In December 2020, he rallied fellow Republican lawmakers to support Texas’s brazen bid to overturn the election results. In a lawsuit that fizzled almost as soon as it was filed, Texas Attorney General Ken Paxton sought to have the Supreme Court intervene in the election by blocking the certification of electoral college votes in four swing states — Pennsylvania, Georgia, Michigan and Wisconsin — where voting rules had been changed in the course of the election and voters, not coincidentally, had favored Joe Biden. The justices swiftly rejected the case, tartly noting that, “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”

(snip)

The Johnson brief was a full-throated endorsement of the “independent state legislature” theory, ultimately rejected by the Supreme Court in 2023’s Moore v. Harper. The brief asserted that under the terms of the Constitution, only state legislatures — without any review by state courts or involvement of other state parties — have power to set rules for choosing presidential electors. “The clear authority of those state legislatures to determine the rules for appointing electors was usurped at various times by governors, secretaries of state, election officials, state courts, federal courts, and private parties,” the brief argued.

(snip)

The Texas episode was of a piece with Johnson’s conservative worldview. Before being elected to Congress, he was a senior lawyer and national spokesman for the Alliance Defending Freedom, a conservative group that opposes abortion, same-sex marriage and LGBTQ+ rights.

Running for Congress in 2016, he described himself as “a Christian, a husband, a father, a lifelong conservative, constitutional law attorney and a small business owner in that order, and I think that order is important.” Johnson said he had been “called to legal ministry and I’ve been out on the front lines of the ‘culture war’ defending religious freedom, the sanctity of human life, and biblical values, including the defense of traditional marriage, and other ideals like these when they’ve been under assault.”

We shall see how well Johnson does in leading the House, or at least its too-small-for-comfort Republican majority, in handling upcoming issues like a possible government shutdown in three weeks, or requests for more aid to Israel and Ukraine, or any of the other normal kinds of business which members of Congress are supposed to take care of on our behalf.  But given his still-declared support of Trump, it’s unlikely Johnson will be much of a leader when it comes to the reality of the need to work with Democrats to get things done: as David Frum wrote in The Atlantic earlier this month, “The rules of contemporary Republican politics make it had to accept reality.  Reality is just too awkward.”

In reality, Trump has been a big vote loser for Republicans. He fluked into the presidency with a Dukakis-like share of the vote in 2016, then lost his party its majority in the House in 2018. Trump got decisively booted from the presidency in 2020; rampaged illegally on January 6, 2021; and then cost his party its Senate majority in the January 2021 runoff elections. His election-denier message damaged his party further in the elections of 2022. His demand for a Biden investigation and impeachment in 2023 is producing an embarrassing fiasco. But no Republican leader dares say these things out loud.

Most taboo of all is working with Democrats, on any terms other than total, one-sided domination: We win, you lose. So [then-Speaker Kevin] McCarthy just had to press ahead, acting as if he commanded a majority when he did not; insulting and demeaning the minority, even though he had to know that he might need their help at any minute.

That minute came. McCarthy sought Democratic votes to save him from his own refractory members, and in return he offered nothing. Not even politeness.

That proposition did not produce the desired results, and so here we are.

Where we are is a country with a solid anti-Trump majority confronting a pro-Trump minority that believes it has a right to rule without concession or compromise.

The only way to produce a stable majority in the House is for the next Republican leader to reach a working agreement with the Democrats to bypass the nihilists in the GOP caucus. But that agreement will have to be unspoken and even denied—because making agreements that show any respect for the other side will be seen by Republican partisans as betrayal. The price of GOP leadership is delivering delusions and fantasies: the delusion and fantasy that Trump won in 2020, the delusion and fantasy that the Republicans did not lose in 2022.

“Delusion and fantasy” might well stand as a new motto for the remnants of a once proud GOP: in the Public Religion Research Institute’s annual American Values Survey, one-third of Republicans believe that “because things have gotten so far off track, true American patriots may have to resort to violence in order to save our country,” almost half think we need a strong leader who is willing to break some rules to get things done, and 29% are strong believers in the QAnon conspiracy movement. In the Washington Post, Jennifer Rubin writes:

Most frightening is how many Republicans buy into white Christian nationalism, a racist ideology that rejects the basic premise of our democracy: “All men are created equal.” One-third of Americans but 52 percent of Republicans agree that “God intended America to be a new promised land where European Christians could create a society that could be an example to the rest of the world.” The number is even higher among White evangelical Protestants (54 percent). Americans who subscribe to white Christian nationalism are more than twice as likely as other Americans to say true patriots might have to resort to violence to save the country.

In a related question, 75 percent of Republicans think the Founders wanted America to be a Christian nation with Western European values.

Rubin also identifies a “positive sign of public sanity” across the ideological spectrum.

Overwhelming majorities of Americans today support teaching the good and the bad of American history, trust public school teachers to select appropriate curriculum, and strongly oppose the banning of books that discuss slavery or the banning of Advanced Placement (AP) African American History.” Moreover, “A solid majority of Americans also oppose banning social and emotional learning programs in public schools.” Though some Republicans have made “anti-wokeism” a key requirement of their political identity, their message is deeply unpopular. “Fewer than one in ten Americans favor the banning of books that include depictions of slavery from being taught in public schools (7%), compared with 88% who oppose such bans.”

Sixty percent say abortion should be legal in most or all cases, compared with 37 percent who say it should be illegal in most or all cases. In a political reversal, “Democrats are now significantly more likely than Republicans to say their support for a candidate hinges on the candidate’s position on abortion,” 50 percent vs. 38 percent.

(snip)

Taking a step back, the overall picture here is a country that is inclusive, respectful of religious differences, pro-democracy and supportive of women’s rights — except when it comes to the largely Republican, mostly White evangelical Christians who reject these fundamental ideas.

When a sizable portion of one of the major political parties, aided by a right-wing propaganda machine and infused with religious fervor, rejects the basis for multiracial, multicultural democracy, we face a severe crisis. Even if Trump does not return to the White House, this radicalized segment will not disappear. How we reintegrate millions of Americans into reality-based, pro-democracy politics in a diverse country remains the great challenge of our time.

The Stakes

“The system” is finally catching up with the non-stop stream of lawbreaking by the former guy and his collaborators that aimed at upending the legal result of the 2020 presidential election.  They were working so hard and fast for so long that it took more than two years for the judges and lawyers on the side of truth, justice and the American way to amass the evidence needed to bring charges, and now the fun has begun.

My favorite character currently is Judge Tanya Chutkan, the federal court judge in Washington hearing the case against Trump (and others) on charges of conspiring to overturn the election.  Her string of figurative “up yours” responses to stupid defense motions is so satisfying: the Trump team isn’t used to being in front of a judge who knows the law, isn’t intimidated by them and their client, and isn’t scared to show it.

For example, this week she rejected arguments from both sides over setting a trial date.  The special counsel suggested jury selection in December and the trial to begin in January…this year; Trump’s lawyers say there is sooo much they have to read to get ready that the trial should be delayed…until 2026!

“These proposals are obviously very far apart,” Chutkan said Monday. “Neither of them is acceptable.”

Chutkan said that Trump will have to prioritize the trial and that she would not change the trial schedule based on another defendant’s professional obligations, for example a professional athlete’s.

The public has an interest in the fair and timely administration of justice, Chutkan said. Trump’s lawyer said going to trial next year would violate Trump’s rights, noting the millions of pages of discovery material that prosecutors have turned over.

“This is a request for a show trial, not a speedy trial,” Trump lawyer John Lauro said of the special counsel’s proposed schedule. “Mr. Trump is not above the law, but he is not below the law.”

After Chutkan ruled, Lauro stood to make an objection on the record and state that Trump’s defense team will not be able to adequately represent its client with that trial date. Chutkan noted his objection and moved on.

Earlier in the hearing, Chutkan said that while the special counsel team’s proposal was too soon, Trump’s proposal of 2026 was not reasonable. “Discovery in 2023 is not sitting in a warehouse with boxes of paper looking at every single page,” Chutkan said.

“This case is not going to trial in 2026,” Chutkan said. She said Trump’s team has had time to prepare already; the public has known about the existence of the grand jury investigating Trump since September, and the identity of many of the witnesses has been known.

In Chutkan’s court, and others hearing cases alleging election interference by Trump and his co-conspirators, defense lawyers are smugly (because how else does a Trump lawyer ever do anything?) letting it be known that their clients couldn’t possibly be guilty of a crime because they honestly believed that the election had been compromised.  This is even a point in a California state bar complaint against John Eastman.  As Jennifer Rubin reported in the Washington Post,

At a critical hearing last week in the California bar proceedings, designated legal expert Matthew A. Seligman submitted a 91-page report, which I have obtained from the state bar, that strips away any “colorable,” or legally plausible, defense that Eastman was acting in good faith in rendering advice to the now four-times-indicted former president Donald Trump.

This report has serious ramifications for Eastman’s professional licensure and his defense in Georgia. Moreover, his co-defendant and co-counsel in the alleged legal scheme, Kenneth Chesebro, who has employed many of the same excuses as Eastman, might be in serious jeopardy in his Oct. 23 trial. (Another lawyer, Sidney Powell, also requested a speedy trial.)

In his report, Seligman addressed whether “the legal positions advanced by Dr. John Eastman in relation to the counting of electoral votes for the 2020 presidential election” were reasonable. Specifically, he assessed whether — as Eastman, Chesebro and others posited — Mike Pence, as vice president, had “unilateral authority to resolve disputes about electoral votes or to take other unilateral actions with respect to the electoral count” or could “delay the electoral count for a state legislature to take action with respect to a state’s electoral votes and whether a state legislature may lawfully appoint electors after the electoral count commences.”

Seligman reviewed the 12th Amendment, the Electoral Count Act of 1887 and “centuries-long practice by Congress” to find that the Eastman positions were so devoid of support that “no reasonable attorney exercising appropriate diligence in the circumstances would adopt them.” In essence, Seligman strips away the pretense that Eastman (and, by extension, Chesebro) engaged in routine legal work.

(snip)

Seligman’s damning report might well determine the outcome of Eastman’s bar proceedings. However, the implications of the report extend well beyond Eastman’s law license. For example:

  • If Eastman engaged in a bad-faith scheme to overthrow the election, then he (and presumably other co-defendant lawyers) lacked any colorable defense under federal law and therefore cannot remove their case to federal court.
  • If Eastman engaged in a bad-faith scheme to overthrow the election, none of his or other lawyers’ conversations are protected under the ambit of the First Amendment any more than a memo explaining how to break into a bank would be.
  • If Eastman engaged in a bad-faith scheme to block the certification of the election, then one could conclude he and others in the alleged “criminal enterprise” had the requisite criminal intent for state charges including a state racketeering charge.

The significance of stripping away the legal plausibility of the cockamamie scheme to undermine our democracy cannot be overstated.

It’s that “undermining our democracy” part that should be most alarming – to us all.  But I don’t think it is, to many of us – certainly not, it seems, to the people who showed up at the arena in Milwaukee this week for the first “debate” among candidates for the Republican presidential nomination.  As Will Bunch wrote in the Philadelphia Inquirer,

As the night dragged on, the only “issues” the crowd seemed jazzed about were brash challenges to scientific truths that it considers elite liberal pieties — like [Vivek] Ramaswamy’s false claim that climate change solutions have killed more people than climate change — or authoritarian vows of violence, like Ron DeSantis’ promise to render any drug dealers at the border “stone cold dead.” None of the eight people on that stage “won” — only Trump, his angry mob, and a 21st-century brand of American fascism that is the enemy of democracy, the writing on the wall.

(snip)

America is entering its most important, pivotal year since 1860, and the U.S. media is doing a terrible job explaining what is actually happening. Too many of us — with our highfalutin poli-sci degrees and our dog-eared copies of the late Richard Ben Cramer’s What It Takes — are still covering elections like it’s the 20th century, as if the old touchstones like debates or a 30-second spot still matter.

What we are building toward on Nov. 5, 2024, might have the outward trappings of an election, but it is really a show of force. What we call the Republican Party is barely a political party in any sense of the word, but a dangerous antisocial movement that has embraced many of the tenets of fascism, from calls for violence to its dehumanizing of “others” — from desperate refugees at the border to transgender youth.

There is, in reality, no 2024 primary because this movement embraced its infallible strongman in Trump eight years ago. And there is no “Trump scandal” because — for them — each new crime or sexual assault is merely another indictment of the messenger, the arrogant elites from whom their contempt is the number one issue. These foot soldiers stopped believing in “democracy” a long time ago — no matter how big an Orwellian sign Fox News erects.

If you watch enough not-Fox cable TV news, you’ll occasionally see an expert on fascism like New York University’s Ruth Ben-Ghiat or Yale’s Timothy Snyder explaining the roots of this American authoritarianism, or you can read a piece like Margaret Sullivan’s Guardian take on the fascist appeal of Trump-clone Ramaswamy. But then it’s back to your regular programming, including a desperate desire to frame today’s clash in the context of long-lost 20th-century democratic norms, and to blame any transgressions on a mysterious “tribalism” that plagues “both sides.”

(snip)

I’ve been inside and outside of Trump rallies in Hershey and West Chester and Wildwood, and what I learned is that the only issue that matters isn’t an issue at all, but their contempt for the media outlets like CNN they believe look down on them and their savior.

(snip)

It was so revealing Wednesday night when Fox News launched its debate coverage by playing a snippet of Oliver Anthony’s No. 1 hit, the blue-collar populist rant “Rich Men North of Richmond,” with its mix of anti-government elitism and a downward punch at welfare recipients. It felt like the Fox message was, “We’re not comfortable talking about what’s really happening with the white working class in America, so we’re just going to turn it over to this angry singer with the big beard.”

The news media better get comfortable talking about what is really happening in places like Anthony’s Farmville, Va. They ought to be explaining both the legitimate anger voiced by the singer’s lament over working overtime hours for low pay, the manipulation of that anger by demagogues like Trump, and the uncomfortable questions about how much of the rage is over threats to outdated and detestable hierarchies of white supremacy and the patriarchy.

(snip)

These are the stakes: dueling visions for America — not Democratic or Republican, with parades and red, white, and blue balloons, but brutal fascism or flawed democracy. The news media needs to stop with the horse race coverage of this modern-day March on Rome, stop digging incessantly for proof that both sides are guilty of the same sins, and stop thinking that a war for the imperiled survival of the American Experiment is some kind of inexplicable “tribalism.”

We need to hear from more experts on authoritarian movements and fewer pollsters and political strategists. We need journalists who’ll talk a lot less about who’s up or down and a lot more about the stakes — including Trump’s plans to dismantle the democratic norms that he calls “the administrative state,” to weaponize the criminal justice system, and to surrender the war against climate change — if the 45th president becomes the 47th. We need the media to see 2024 not as a traditional election, but as an effort to mobilize a mass movement that would undo democracy and splatter America with more blood like what was shed Saturday in Jacksonville. We need to understand that if the next 15 months remain the worst-covered election in U.S. history, it might also be the last.

Know your enemy

On Friday morning, after a night of insomnia fueled by worries about raising children in a collapsing society, I opened my eyes, started reading about efforts by Wisconsin Republicans to seize control of the state’s elections, then paused to let my tachycardiac heartbeat subside. Marinating in the news is part of my job, but doing so lately is a source of full-body horror. If this were simply my problem, I’d write about it in a journal instead of in The New York Times. But political despair is an issue for the entire Democratic Party.

It’s predictable that, with Donald Trump out of the White House, Democrats would pull back from constant, frenetic political engagement. But there’s a withdrawal happening right now — from news consumption, activism and, in some places, voting — that seems less a product of relief than of avoidance. Part of this is simply burnout and lingering trauma from Covid. But I suspect that part of it is about growing hopelessness born of a sense that dislodging Trump has bought American democracy only a brief reprieve.

One redeeming feature of Trump’s presidency, in retrospect, was that it was possible to look forward to the date when Americans could finish it. Covid, too, once seemed like something we’d be able to largely put behind us when we got vaccinated. Sure, Trumpism, like the virus, would linger, but it was easy to imagine a much better world after the election, the inauguration and the wide availability of shots.

Now we’re past all that, and American life is still comprehensively awful. Dystopia no longer has an expiration date.

Last week in the New York Times, Michelle Goldberg worried about the future of our American democracy.  Like thousands/millions of others, I share her concern, and so should you.

The problem isn’t just that polls show that, at least right now, voters want to hand over Congress to a party that largely treats the Jan. 6 insurrectionists as heroes.

(snip)

What’s terrifying is that even if Democrats win back public confidence, they can win more votes than Republicans and still lose. Gerrymandering alone is enough to tip the balance in the House.

(snip)

Meanwhile, Republicans are purging local officials who protected the integrity of the 2020 election, replacing them with apparatchiks. It will be hard for Republicans to steal the 2024 election outright, since they don’t control the current administration, but they can throw it into the sort of chaos that will cause widespread civil unrest. And if they win, it’s hard to imagine them ever consenting to the peaceful transfer of power again.

(snip)

I look at the future and I see rule without recourse by people who either approve of terrorizing liberals or welcome those who do. Such an outcome isn’t inevitable; unforeseen events can reshape political coalitions. Something could happen to forestall the catastrophe bearing down on us.

Here’s a hopeful sign: two long-time contributors to Fox News giving a thorough and public explanation of why they just can’t take it any more.

…there are still responsible conservatives [at Fox News] providing valuable opinion and analysis. But the voices of the responsible are being drowned out by the irresponsible.

A case in point: Patriot Purge, a three-part series hosted by Tucker Carlson.

The special—which ran on Fox’s subscription streaming service earlier this month and was promoted on Fox News—is presented in the style of an exposé, a hard-hitting piece of investigative journalism. In reality, it is a collection of incoherent conspiracy-mongering, riddled with factual inaccuracies, half-truths, deceptive imagery, and damning omissions. And its message is clear: The U.S. government is targeting patriotic Americans in the same manner —and with the same tools—that it used to target al Qaeda.

(snip)

This is not happening. And we think it’s dangerous to pretend it is. If a person with such a platform shares such misinformation loud enough and long enough, there are Americans who will believe—and act upon—it.

This isn’t theoretical. This is what actually happened on January 6, 2021.

Over the past five years, some of Fox’s top opinion hosts amplified the false claims and bizarre narratives of Donald Trump or offered up their own in his service. In this sense, the release of Patriot Purge wasn’t an isolated incident, it was merely the most egregious example of a longstanding trend. Patriot Purge creates an alternative history of January 6, contradicted not just by common sense, not just by the testimony and on-the-record statements of many participants, but by the reporting of the news division of Fox News itself.

There are still many real conservatives who recognize that the Orange Emperor has no clothes, and who have not drunk the toxic brew that has let so many Republicans (and others) show true feelings they have always keep secret, until now.  Jennifer Rubin is one.

When Donald Trump ran for president in 2016, Never Trumpers (now largely ex-Republicans) warned that he would corrupt the party in every way imaginable. His misogyny would morph in the party’s toxic masculinity and degradation of women, they cautioned. His infatuation with brutality and violence (boasting he would kill terrorists’ families, exhorting his supporters to slug protesters) would metastasize to the party as a whole. Boy, did those predictions pan out.

You only have to look at the vicious imagery showing the murder of Rep. Alexandria Ocasio-Cortez (D-N.Y.) deployed by Rep. Paul A. Gosar (R-Ariz.), the verbal attack on her from Rep. Louie Gohmert (R-Tex.) last year — and Republicans’ defense of both — to understand that their refusal to dump Trump after the “Access Hollywood” tape came to light was merely the prelude to an era of normalizing violence (especially against women), culminating in the Jan. 6 violent insurrection, which many Republicans, including Trump, tried to paint as nonviolent.

Threats and portrayals of violence against women have turned into a badge of honor for a party in which traditional notions about gender (back to the 1950s!) have become a key predictor of Republican support. Casting men (even a Supreme Court nominee) as victims of aggressive, “nasty” or unhinged women accusing them of wrongdoing has become standard fare in the Trump party.

Rubin cites Robert P. Jones, CEO and founder of Public Religion Research Institute, who is willing to lay the blame for the violence we’re seeing now at the core of Republican party voters: White evangelicals.

Today, for an alarming number of white conservative Christians, the mark of Christian faithfulness is not a love that inspires them to lay down their lives for their friends, but a defensiveness that lures them to take the lives of their fellow citizens.

The anti-democratic and white supremacist core of this worldview snaps into focus as soon as we ask just one question: What is the “America” they are saving? This question is at the heart of the MAGA ideology that has now fully overtaken one of our two major political parties.

That second “A,” for “again,” is the hermeneutical key that unlocks the obfuscation.  This nostalgia for a White Christian America has become the weapon of choice in the culture wars. In that vision of the country, white law and order reign, and with refreshments and pats on the back, white vigilantes are informally deputized as partners. And Black people protesting in the streets or even shopping in the local CVS are seen as suspect for not playing their properly deferential roles or staying in their assigned subservient places.

If Trump has done anything for us, he has peeled back a thin veneer of patriotic- and Christian-sounding words to reveal the core claim underneath it all: That God intended America to be a white Christian nation. That claim has literally generated—for those among the chosen— a license to kill anyone who threatens that norm and the confidence that those actions will not only be free of negative consequences, but be rewarded both here on earth and in heaven.

“Christian nationalism” is the threat.  Let’s start by defining the terms, thanks to Paul D. Miller at Christianity Today.

There are many definitions of nationalism and an active debate about how best to define it. I reviewed the standard academic literature on nationalism and found several recurring themes. Most scholars agree that nationalism starts with the belief that humanity is divisible into mutually distinct, internally coherent cultural groups defined by shared traits like language, religion, ethnicity, or culture. From there, scholars say, nationalists believe that these groups should each have their own governments; that governments should promote and protect a nation’s cultural identity; and that sovereign national groups provide meaning and purpose for human beings.

What is Christian nationalism?

Christian nationalism is the belief that the American nation is defined by Christianity, and that the government should take active steps to keep it that way. Popularly, Christian nationalists assert that America is and must remain a “Christian nation”—not merely as an observation about American history, but as a prescriptive program for what America must continue to be in the future. Scholars like Samuel Huntington have made a similar argument: that America is defined by its “Anglo-Protestant” past and that we will lose our identity and our freedom if we do not preserve our cultural inheritance.

Christian nationalists do not reject the First Amendment and do not advocate for theocracy, but they do believe that Christianity should enjoy a privileged position in the public square. The term “Christian nationalism,” is relatively new, and its advocates generally do not use it of themselves, but it accurately describes American nationalists who believe American identity is inextricable from Christianity.

What is the problem with nationalism?

Humanity is not easily divisible into mutually distinct cultural units. Cultures overlap and their borders are fuzzy. Since cultural units are fuzzy, they make a poor fit as the foundation for political order. Cultural identities are fluid and hard to draw boundaries around, but political boundaries are hard and semipermanent. Attempting to found political legitimacy on cultural likeness means political order will constantly be in danger of being felt as illegitimate by some group or other. Cultural pluralism is essentially inevitable in every nation.

Is that really a problem, or just an abstract worry?

It is a serious problem. When nationalists go about constructing their nation, they have to define who is, and who is not, part of the nation. But there are always dissidents and minorities who do not or cannot conform to the nationalists’ preferred cultural template. In the absence of moral authority, nationalists can only establish themselves by force. Scholars are almost unanimous that nationalist governments tend to become authoritarian and oppressive in practice. For example, in past generations, to the extent that the United States had a quasi-established official religion of Protestantism, it did not respect true religious freedom. Worse, the United States and many individual states used Christianity as a prop to support slavery and segregation.

There is much more here you should read.  Know your enemy, while there is still time to win the fight.

This is not about all Christians, or even all Christian evangelicals.  But those who think “freedom of religion” means everyone is free to practice their particular strain of Christian faith in their houses of worship and through the imposition of their religious beliefs in secular law, those who harbor a “nostalgia for White Christian America,” and who have been succeeding politically at achieving their goals since at least the days of the Moral Majority, those are the political enemies we need to get serious about defeating.  Right now, political despair be damned.

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.

Sorry, I’m not done reading yet

Too slowly, for sure…I want to see how it ends, don’t you?!…but the good news is a number of other people were able to prioritize and offered their thoughts after reading the Mueller Report.  Here are some of the ones I like:

What do conservatives think?  I mean real conservatives, not opportunists currently busy taking advantage of the fact that a man pretending to be conservative was elected president.  People like David French

..and Jennifer Rubin

…and Rick Wilson

From a bit broader perspective, what does the Mueller Report tell us (that we had only imagined to this point):

Christie Whitman thread: Russia attacked, Trump demonstrated he cares only about himself, and it would have been worse but for the folks who ignored the most egregious “orders”

Politico took a dive into the footnotes and came out with some choice Easter eggs

Even some Republicans are unhappy enough about this report to actually say so.  Out loud!  John Thune castigates Trump’s lying for undermining trust in America’s political system

And Lindsey Graham makes an excellent case against Trump:

(Oh, he wasn’t talking about Trump, was he?  Oh well, if the shoe fits…)

We can talk about impeachment later…gotta keep reading.