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.

The post that wasn’t because of the news that is

At first I had great plans for a post called “Fecklessness, thy name is Mitch McConnell” in which I would elegantly make the simple point that Republicans in the U.S. Senate are refusing their constitutional duty to be a check and/or balance on the president of the United States.  The Senate that last month unanimously passed a bill to fund the government while the president was on record promising to sign such a bill should not now be refusing to even consider passing the same bill because the president has said he won’t sign it.  (This is, of course, precisely what is happening.)  The job of the Senate is not to pass only those bills which the president has indicated with a wave of his hand that he will deign to accept.  If you think the bill deserves passage, as you did a few weeks ago, pass it; if the president vetoes it, override the damn veto if you can.  (Hint: you can.)  Mitch, it’s not your fault that the president’s word can’t be trusted (about anything), or that he went back on his promise because a couple of women on Fox News effectively called him a thing that can be grabbed by stars without the stars even asking permission, which they did because he hasn’t made good on his campaign promise to build a wall on our country’s southern border, even when his party controlled the House and the Senate and the White House.  It is your fault if you keep deferring to the president and the leader of your political party when you know full well he’s a lying hypocrite who not only doesn’t have the best interests of this country at heart but is using his office for personal enrichment.  And maybe working for the Russians.

It’s that working-for-the-Russians part that made me change my mind about what to write about, because—did you see this in the New York Times:

In the days after President Trump fired James B. Comey as F.B.I. director, law enforcement officials became so concerned by the president’s behavior that they began investigating whether he had been working on behalf of Russia against American interests, according to former law enforcement officials and others familiar with the investigation.

The inquiry carried explosive implications. Counterintelligence investigators had to consider whether the president’s own actions constituted a possible threat to national security. Agents also sought to determine whether Mr. Trump was knowingly working for Russia or had unwittingly fallen under Moscow’s influence.

That’s the same president who’s now in the fourth week of a Fox News-inspired temper tantrum over funding of his request for more than $5 billion to support construction of a wall on the U.S.-Mexico border to fight illegal immigration, which has caused a portion of the federal government to suspend operations and more than three-quarters of a million federal employees to miss their paychecks, and who has reportedly thought about seizing federal funds allocated for Hurricane Harvey recovery and future flood control efforts in the Gulf Coast region of Texas but not yet committed to specific projects and spending it on border wall construction under a theorized declaration of national emergency.  But this is even more outrageous, I think.

I’ll offer two of the many analyses of the Times story floating around out there today.  First, in The Hill Jonathan Turley suggests “this is likely the only time in history that the FBI has investigated whether a sitting president was either a knowing or unknowing agent of a foreign power” and in the next breath wonders if this investigation explains everything away innocently: “What if there were no collusion or conspiracy but simple cognitive bias on both sides, where the actions of one seemed to confirm precisely the suspicions of the other?”  Seems unlikely, but it’s an interesting read.

Even more so is this one in Esquire by Charles P. Pierce, who everyone should be reading anyway all the time just because.  He thinks that one word in the story is a clue left by the Times reporters that today’s bombshell isn’t the end of the story.

The word is tucked into a sentence that, at first glance, seems to be a perfectly anodyne statement of the current facts. Indeed, it’s tucked into a sentence that would be an unremarkable bit of knee-jerk newspaper balance if this explosive charge of a word weren’t placed right the in the middle of it. That word is “publicly,” as in: No evidence has emerged publicly that Mr. Trump was secretly in contact with or took direction from Russian government officials.

(snip)

This is not a word chosen idly, not in a piece as judiciously written as this one. Clearly, the Times printed pretty much all it was given by its sources, but the implication of that “publicly” is that investigators likely know far more than what appeared in the newspaper.

More to come?  Yeah, I bet there is.

Oh, for a little straight talk now that spring is in the air

The political reaction to the death of Supreme Court Justice Antonin Scalia is the clearest evidence I’ve seen lately of the sclerotic thinking that passes for wisdom and strategy in American politics.  Not saying I’m surprised, mind you, just saying.

Don’t get me wrong: every vacancy on the Supreme Court of the the United States, ever, has been the occasion for political plotting and pontificating…that’s the nature of the beast.  Maybe there was more lip service paid in the past to observing “a decent interval” before going public, but we know that one reason the successful professional political players are successful is that they don’t let an opportunity to gain advantage go to waste.  In this case, Scalia’s body hadn’t made it home to Virginia before Senate Majority Leader Mitch McConnell announced his intention to block anyone nominated by President Obama in the hope that a Republican wins the presidency this November.

Why?  Because “The American people should have a voice in the selection of the next Supreme Court justice”?  Excuse me, Mr. Majority Leader and avowed Obstructionist-of-Obama-in-Chief, but that’s not the way it’s done and we all know it.

There isn’t—or shouldn’t be—any disagreement on the facts: the Constitution gives this president the responsibility to nominate a new justice in this case, not the next president; many of the same Republican senators now insisting that the process must be put on hold for the good of the nation had very different opinions when the question came up during the last few months of George W. Bush’s presidency.  (Yes, plenty of Democrats have more than a passing acquaintance with hypocrisy as a political tool, too, starting with Chuck Schumer on this same topic eight years ago; I’m sure some of you have more examples.)  Also true is that the Constitution gives responsibility to the Senate to approve or reject that nominee, with no timetable or deadline for doing so.

There’s no question that McConnell and the Republican majority have no legal requirement to approve President Obama’s nominee, or even to put the nomination to a vote.  They may make the political calculation that stonewalling for a year is the better path: bet on winning the White House and holding the Senate so they can have their pick of ultraconservative judges, versus running the risk of losing both and allowing the Democrats to choose another Douglas or Brennan (if one can be found).  I wish they would just say so, instead of going to the well for another round of the Obama Apocalypse that (inexplicably) plays so well with a certain portion of the electorate.  Andrew Prokop at Vox.com wrote them a first draft of such a speech:

Justice Scalia was a strong, solid conservative. And whoever Barack Obama nominates to replace him is certain to be well to his left — and will likely be very, very, very far to his left.

This would upset a balance of power in the Court that has existed for decades. Instead of a five-vote majority that is generally conservative, a Scalia replacement appointed by President Obama would allow a new majority bloc of five solid liberals to form. On issues affecting free enterprise, the sanctity of human life, and federal power, sweeping new liberal rulings could reshape law and precedent across America.

I believe this would be a disaster for the country. Most members of my party believe this would be a disaster for the country. And most of my party’s voters believe it would be a disaster for the country.

So I’m going to do my best to stop it from happening.

(snip)

…in suggesting that President Obama shouldn’t appoint any replacement for Scalia, and that he should just leave it to the next president, I am rhetorically going further than others have in the past.

But really I’ve just hit the fast-forward button. We would have ended up opposing whomever Obama nominated, because that person would, of course, have had liberal views. And my party’s senators would never have approved any other Obama Supreme Court nominee anyway, because they’re terrified of losing their seats in primaries.

So maybe my “no nominees in the final year” position hasn’t explicitly been taken by anyone before, but it hardly means the death of our constitutional democracy. The near-term upshot is that one Supreme Court seat stays vacant for a year. Some closely divided cases will effectively remain unresolved for a bit. Big deal.

A rich vein of loopy

Even though the easy and obvious answer should be easy and obvious (duh), a disturbingly large percentage of our fellow Americans aren’t satisfied with taking the easy way.  Good for them, I say: it demonstrates their exceptional American characteristics of ingenuity and perseverance to come up with these unconventional answers, while generating easy laughs for us lazy slobs whose consciences take no offense when we just skate by, exercising nothing more mentally rigorous than logic and reason.

Public Policy Polling conducted a poll in late March that asked people about conspiracy theories, ones “well known to the public, others perhaps to just the darker corners of the internet.”  What did they find?  A rich vein of loopy:

  • 4% believe shape-shifting reptilian people take on human form and gain political power to manipulate society and control the world (probably thinking of Mitch McConnell on this one)
  • 5% believe Paul McCartney died in 1966 (the rest of us think he’s on another world tour)
  • 11% believe the U.S. government allowed the September 11 attacks to happen
  • 13% believe Barack Obama is the anti-Christ (huh?)
  • 14% believe the CIA was instrumental in creating the crack cocaine epidemic of the 1980s
  • 15% believe the medical and pharmaceutical industries create new diseases to make money off of treatments

(As for the 29% who think aliens exist—what’s wrong with the other 71% of you?)

Just so much harmless kookery, right?  Yes, but what about the 20% who believe the government is hiding a link between autism and childhood diseases, or the 37% percent who believe global warming is a hoax?  Those people act on their beliefs to the detriment of the futures of both their children and the planet they share with the rest of us.  What does it say about our society when, more than ten years after the fact, 44% still think that our then-president took the nation to war on a personal vendetta against Saddam Hussein, and another 12% aren’t sure?

What about the people who had elaborate explanations for the Boston Marathon bombing the day after it happened, before anyone but the bombers themselves could possibly have known the truth?

For starters, I suggest you check out the Bad Astronomy blog on Slate, where Phil Plait recently vented a little about the march of antireality in general and just today about the links between the anti-vaccine nuts and the measles outbreak in Wales.  He has a clear-headed approach and a clean writing style that I think you’ll appreciate.

After that? I don’t know for sure…perhaps we can all get some good advice from the 14% who believe in Bigfoot, or the 9%, like Gen. Jack Ripper, who are convinced that fluoridation of our water isn’t just about dental health.

Just shut up and let me do the talking

It’s about damn time that the public reports about the private negotiations on the federal budget had some good news: Speaker Boehner and President Obama have gotten everyone else to leave the room!

Since the election last month there’s been plenty of balloon juice about how to avoid running the federal budget over a “fiscal cliff,” which is just an agreement made last year between Congress and the administration on a set of tax increases and budget cuts that would go into effect at the first of next year unless they took some other action on taxes and spending by that deadline. Remember when they said that Washington had “kicked the can down the road?” Well, this is where that can stopped; it was kicked to here so the issue wouldn’t inconveniently get noticed while America was paying attention during the fall election campaigns.

You’d like to think that there would have been some effort underway all along during the past year and a half to find a compromise on ways to strengthen the economy and reduce the government’s budget deficit, but to all appearances there wasn’t. The people we elected to go to Washington to use their judgment and wisdom in the best interests of our communities and our states and our country couldn’t climb down off their talking points long enough to get anything constructive accomplished. They could, however, make a lot of noise about the virtuousness of their own moral and political philosophies, and by extension if not by direct accusation the seditious intentions of their “friends across the aisle.” Perfect way to prepare the ground for fruitful negotiation over disagreements, right?

You don’t have to be a political scientist to know that any honest effort to come to a compromise on a course of action regarding a disputed issue isn’t aided by (1) having too many negotiators at the table, and (2) conducting the negotiations in public. The more people that are involved, the harder it is to get everyone to agree on anything. And the more the people who are involved do their talking in public and make great political show of what they will and will not accept, the harder they make it on themselves to come to a compromise without seeming to lose face in public or run the risk of being bashed as surrender monkeys or traitors to some cause or other. So it seems to me to be a thoroughly sensible decision that Boehner has asked the Senate leaders and the House Democratic leader to step back, and that “White House aides and the speaker’s staff, by mutual agreement, have largely shut down public communication about the talks” in the hope that some real progress can be made.

Now for the entertainment portion of today’s post: since I’m not one to overlook an opportunity to point out stupidity where it exists, I should highlight this. The Times story notes that as the president reaffirmed his position that the tax rate on incomes above $250,000 must go up…

On Capitol Hill, Senator Mitch McConnell of Kentucky, the Republican leader, moved Thursday to vote on Mr. Obama’s proposal, in his broader deficit package, to permanently diminish Congress’s control over the federal government’s statutory borrowing limit, assuming that Democrats would break ranks and embarrass the president. Instead, Democratic leaders did a count, found they had 51 solid votes, and took Mr. McConnell up on what Senator Harry Reid of Nevada, the Senate majority leader, called “a positive development.”

Mr. McConnell then filibustered his own bill, objecting to a simple-majority vote and saying a change of such magnitude requires the assent of 60 senators.

“I do believe we made history on the Senate floor today,” Mr. [Richard] Durbin said.

History indeed: had to filibuster his own bill to keep it from being passed! I’m thinking that Ashley Judd might be just the thing the U.S. Senate and the people of Kentucky need.