Walking the talk

For starters, they did ask—many times, starting before his term was even over, so don’t give me that “all they had to do was ask” bull.

The federal government tried and failed repeatedly for more than a year and a half to retrieve classified and sensitive documents from former President Donald J. Trump before resorting to a search of his Mar-a-Lago property this month, according to government documents and statements by Mr. Trump’s lawyers. (emphasis added)

The documents, including an unsealed, redacted version of an affidavit from the Justice Department requesting a warrant to conduct the search, make clear the lengths to which the National Archives and the department went before officials pursued a law enforcement action to recover the material.

The FBI knew that Trump had documents at his home in Florida that he was not supposed to have: he had already given them 15 boxes of official material in January of this year, and the FBI and the National Archives suspected there were more documents in Florida that should be returned to the government and that Trump was obstructing their efforts to retrieve them.  Why they thought that is undoubtedly in the redacted parts of the affidavit, parts we haven’t seen but which the federal magistrate judge did read and consider before approving the search warrant.

the affidavit states that the National Archives spent six months in the latter half of 2021 trying to get more documents. And then the FBI got involved. The Post…reported that all this year, Trump resisted handing much of anything over, to the point where his allies feared he was “essentially daring” the FBI to come after them.

Trump was also warned before he even left the White House that taking any official documents with him, let alone national secrets, was illegal under the Presidential Records Act. And even Trump’s attorneys agreed that the former president needed to give the documents back…

(snip)

Included in the paperwork with the affidavit was a formal notice that the redacted memorandum was being released. In it, the Justice Department writes that the redactions are necessary to protect “a broad range of civilian witnesses.”

“This language suggests that people inside Trump’s former administration, or at Mar-a-Lago, are providing information to the FBI,” [former federal prosecutor Barbara] McQuade said.

The redacted affidavit itself suggests that the investigation includes detailed monitoring of Mar-a-Lago to find out how many boxes of official material were still there and where they were being stored.

To be clear: the classified status of some of these documents is only part of the issue.  The laws make clear that no former president is permitted to take control of these types of records—”mere possession of these documents is a crime under some of the statutes cited in the affidavit, whether or not they are classified.”

Trump filed a legal motion this week, arguing that, as president, he had the right to declassify any classified documents and that his continued possession of the material was based on “executive privilege.” A judge should have no problem dismissing both arguments. First, while a president can declassify documents, there is a process for doing so; at the conclusion of the process, the special classified tabs and markings would be removed. Yet the tabs and markings are still on the documents retrieved from Mar-a-Lago. Second, mere possession, much less declassification, of some documents, such as those marked OCORN, must first be approved by the originating agency. That doesn’t seem to have been done either. Third, a president—certainly an ex-president—has no executive privilege to hold documents that properly belong to the National Archives.

If you think about it, Trump’s argument that he had declassified the classified documents…doesn’t help.

On top of which, the whole “I raised my magic hand and the documents were declassified” argument has a distinctly “what excuse do they have today” air about it.

These actions by the FBI and the Department of Justice are reassuring: federal law enforcement is walking the talk about no one being above the law.  And to those who’ve been clutching their pearls for almost three weeks now at the audacity of the government for having the nerve to search the home of a former president, I think the best and easiest response is to say, we’ve never had any reason to believe that any other former president had ever committed acts that would call for government action like this.  But this guy has.  And if you’re straining to keep up with all the other investigations involving the former guy, here’s some help.

Enough

Joe Holley is a writer here in Texas with a background in newspapers and magazines right up to his own books.  He writes the feature column Native Texan in the Houston Chronicle about Texas places and people and history, and today he started off referring to “The Captured,” a history of frontier Texas telling the story of Anglo children captured by Indians in the late 19th century.  He uses it to touch on the harshness of life on the Texas frontier in those days, facing not only the Natives but the constant threat of disease, and outlaws, you name it.  And yet, Holley says,

…it’s only today’s Texas, our Texas, that experiences mass shootings in a suburban high school, in churches, a Walmart, an Army base, the streets of Midland-Odessa, a Luby’s Cafeteria and a small-town elementary school. Our frontier forebears, whatever their own travails, would have been aghast, unbelieving.

I’m wondering, why aren’t all of us today just as aghast and unbelieving?  Sure, with each new horror we mumble some hopefully appropriate words to express shock and disbelief, but are we really so surprised?  I mean, it just keeps happening, over and over again; can we really still be shocked, and really feel the emptiness in the pits of our stomachs that we ought to feel when innocent children are massacred with weapons meant for war on the battlefield?  This time, in Uvalde, it was fourth graders…nine and ten year olds; it was six-and-seven-year olds in Sandy Hook in Newtown, Conn. ten years ago.  The Washington Post chose the almost arbitrary starting point of the Columbine shootings in 1999 and calculates that more than 311,000 American children, at 331 schools, have been exposed to gun violence at school in those years.  All the students in that time, right up through today’s college graduates, have normalized the grotesque concept of the active shooter drill as just a part of life.

Why would a person take a gun to a school and open fire at…some kids, ones they often don’t even know?  Why did I take a magnifying glass to school in the fourth grade and focus sunlight to burn holes in a classmate’s sweater I found hanging on a fence at recess?  Same response to both questions: who knows?  Short of finding that answer, we should be doing something to try to reduce the chances of our schools become killing grounds, and of our own children and those of our friends and neighbors becoming one of those small images in a large collection of class photos that identify the dead.

Holley recalls the 1937 natural gas explosion that killed some 300 students and teachers in New London, Texas, and that the Texas Legislature and then Congress responded to that by requiring the “odorization” of natural gas so future leaks could be detected before they became catastrophes.  What can we, through our elected representatives, do now to make a meaningful change in the normal course of business that will better protect our children’s lives when they simply go to school?

Among the common sense suggestions I’ve read since last week – and not that it hasn’t been suggested before – is that we stop letting children buy these guns legally.  Our laws prohibit those under age 21 from buying alcoholic beverages; why not guns, too?  Connecticut Sen. Chris Murphy, who’s been working on gun restriction legislation since he represented Newtown in the House of Representatives, argues that “most of these killers tend to be 18, 19 years old.” and PolitiFact has rated that claim as Mostly True: “That’s largely accurate when looking at school shootings alone, according to a Washington Post database of school shootings since 1999. The database did include shootings that did not result in a death, and the share of teenagers committing mass shootings overall is smaller.”

Also judged to be Mostly True is the assertion last week by Golden State Warriors coach Steve Kerr, that “90% of Americans, regardless of political party, want universal background checks.”  PolitiFact finds that “For years, polls have shown a majority of Americans support gun background checks for all buyers. Some polls show overall support in the ballpark of 90%. Support is lower among Republicans (emphasis added), but polls still indicate majority backing” for a review designed to make sure that guns are not being sold to people who are not permitted under law to possess guns, people who have been “convicted of a serious crime or committed to a mental institution.”

No right guaranteed under the United States Constitution is absolute.  The law recognizes, even when some Americans don’t or won’t, that rights come with some limitations.  Even your right to life is not absolute, not if you are convicted of committing a crime for which the approved punishment is the loss of your life.  Your right to be free of government censorship of your expression of your thoughts and feelings doesn’t mean your speech can endanger the health and safety of others with impunity.  And none of us has an unrestricted right to gun ownership.

Please, let’s get creative.  Adding mercaptan to AR-15s won’t stop school shootings, but expanding background checks and limiting gun ownership by minors will help.  We’ve got to find something else that will make a difference.  We can’t just accept that this is the way things have to be, and there’s nothing we can do.  I don’t want to settle for the situation Holley found himself in as he finished up his phone call with the Uvalde County Judge, Bill Mitchell:

When it came time to hang up, I tried to tell him how sorry I was. My voice broke. So did his. Perhaps for both of us, the faces of those little kids swam into view.

We were two men of a certain age. We’ve seen much over the years. Words failed us.

“demonstrably false and misleading”

A New York appellate court suspended Rudolph W. Giuliani’s law license on Thursday after a disciplinary panel found that he made “demonstrably false and misleading” statements about the 2020 election as Donald J. Trump’s personal lawyer.

Thus does the New York Times kick off today’s top story, for those of us who have been patiently waiting for the true believers to open their eyes and see what has been right there all along.

“We conclude that there is uncontroverted evidence that respondent communicated demonstrably false and misleading statements to courts, lawmakers and the public at large in his capacity as lawyer for former President Donald J. Trump and the Trump campaign in connection with Trump’s failed effort at re-election in 2020,” the decision read.

Not just a simple assertion—backed by evidence—that what Giuliani was saying was untrue.  “Demonstrably false and misleading” is the plain and simple description of what has been coming out of the pieholes of Donald Trump and every last henchman-and-woman of his since…well, since ever.  They lie.  About anything, even things that don’t matter.  About everything, even things that aren’t in dispute, things that the evidence of our own eyes and ears and common sense tell us are so.

Don’t believe me?  Believe these judges when they tell you that the once-trusted and respected mayor of New York has become a scoundrel who will say the most ridiculous things on behalf of Individual-1.  And while you’re at it, take note, as Jeremy Stahl has in Slate, that “the meticulous 33-page chronicling and refutation of just a handful of Giuliani’s most blatant and nefarious election lies is actually kind of hilarious. The filing reads as though the five-judge committee went out of its way to show how ludicrous Giuliani’s—and by extension Trump’s—claims of election fraud are.”

In cataloguing Giuliani’s transgressions, the filing reads as a bemused and indignant greatest hits of Trump 2020 election lies, along with point-by-point refutations and comically timed footnotes. With every other sentence, the judges are almost shouting at the reader “get a load of the nerve on this guy.”

(snip)

The judges also dismantled the absurd logic Giuliani’s defense in this proceeding put forth that because dead voters are sporadically removed from the rolls—and were in 2021—that means dead people voted in 2020:

“Respondent claims his statements were justified because the state of Pennsylvania subsequently agreed to purge 21,000 dead voters from its rolls in 2021. This fact, even if true, is beside the point. This statistic concerns the whole state. Purging voter rolls does not prove that the purged voters actually voted in 2020 and per force it does not prove they voted in Philadelphia. It does not even prove that they were dead in November 2020. Moreover, the number of statewide purged voters (21,000) bears no correlation to the numbers of dead voters respondent factually asserted voted in Philadelphia alone (either 8,000 or 30,000). Clearly any statewide purging of voters from the voting rolls in 2021 could not have provided a basis for statements made by respondent in 2020, because the information did not exist.”

(snip)

At various points, Giuliani said 10,000, 32,000, or 250,000 undocumented immigrants voted in Arizona in the 2020 election. From the ruling:

“On their face, these numerical claims are so wildly divergent and irreconcilable, that they all cannot be true at the same time. Some of the wild divergences were even stated by respondent in the very same sentence.”

(snip)

Giuliani’s lone defense is that he did not “knowingly” make all of these false statements, as knowledge that he was lying is a required element to prove misconduct. The judges were largely able to brush this aside by pointing out all of the evidence that contradicted Giuliani’s statements that was available at the time he made them and his own lack of proof. More pointedly, though, they repeatedly noted that Giuliani kept lying even after he had been charged with lying.

Why?  Why, in the wide wide world of sports, would Giuliani and his “friend” insist on telling these lies—to America, and to judges they do not and did not control, who in every court challenge to the 2020 vote told them to pound sand?  Because they are so contemptuous of the rest of us, and blindingly out of touch with the reality of Trump, and so greedy and corrupt.  Because they expected the weak-minded not to question them, to just fall in line.  They proved that nearly every damn day, for anyone willing to honestly listen to what they were saying.

Now, we have a court ruling willing to point out that the emperor’s lawyer has no clothes, and by extension that neither does the emperor himself.  A little crack in the dam maybe, the one that could lead to the final catastrophic failure of the myth of MAGA Nation?  Hope so…

2020 vision

If we were to treat this like a “regular” election between “regular” candidates, it would be sensible to compare the candidates’ core beliefs and positions on important issues.  The problem with that, in this case, is not only that Donald Trump is not a regular candidate, he has no core beliefs or strong positions on any issues.

Very important to remember (and I’ve been harping on this, I know): Trump lies.  About everything.  Virtually every word out of his mouth.  There is no good reason to believe anything he says.  The Washington Post Fact Checker documented 20,000 lies by Trump as president, and that was back in July.  (As they say, the hits just keep on coming.)   If in any moment Trump needs his audience to think that he believes A, because he thinks the audience members believe A, he will say he believes A.  If in another moment he needs another audience to think he believes not-A, he will say he believes not-A.  It doesn’t matter to him whether he really does like A or actually prefers not-A, or if he’s even given the whole A/not-A dichotomy any real consideration: he will say anything if he wants it to be true in that moment.  What’s more, he thinks we are too stupid to realize that he has taken both the position of A and not-A at one time or another.

Also important to remember is that Trump has demonstrated he is not good at presidenting.  I mean being president of the USA—don’t even talk about his record of business bankruptcies.  He touts his handling of the economy, but he denies that he took office with an economy that was in pretty good shape and managed not to screw it up.  (By the way, the stock market is not “the economy.”)  He quickly reminds you about passing a tax cut bill…one that primarily benefitted the already-wealthy, AND which he doesn’t want you to remember is only temporary, AND WHICH was contributing to a big increase in government debt even before pandemic relief.

Oh yeah, the pandemic.  Any government effort to protect Americans from an insidious virus that was spreading across the country and killing thousands of people a week would have started by asking people to isolate themselves, and that was what forced so many businesses to temporarily close and shocked the U.S. economy back in the spring.  Once medical researchers identified the transmission path AND a simple and efficient way to block it—yes, the mask—a good president (and governors and mayors) would have been working like hell to get people to voluntarily help themselves and their neighbors by wearing the damn mask.  Other countries did, and they did not suffer the rates of infection and death that America has; they have not suffered the economic hardships that we have.  Trump’s willful mismanagement of the government’s response to COVID-19 is likely to be his legacy: his public denial of the problem, which contributed to the expansion of the problem, which led to more than 9 million infections and the deaths of more than 213,000 Americans (so far) along with the prolonged weakening of the economy.  You’ve probably heard: a third wave is already underway.

(Recently I read a woman’s complaint about wearing the mask; she feels she should not have to do that because “they have already taken so much away from us.”  Honest to god, lady: no one set out to take anything away from you.  There is an attack against our country underway right now, and our best response to the threat—which will help protect you, your children, your neighbors—calls for you to make a tiny sacrifice.  Why is this a problem?  It almost couldn’t be any easier.  Also: who is “they?”)

Very important to keep in mind—maybe most important—is that Trump does not believe in America, or its Constitution, or the rule of law, or our rights to life, liberty and the pursuit of happiness, or in racial or gender equality, or supporting the sacrifices of our fellow citizens in the armed forces, or in any type of service to country.  He doesn’t believe in Truth, or Justice, or the American Way.  He says he does, but he doesn’t.  (Remember, Trump lies.)

He ran for president as a publicity stunt, and was as surprised as anyone when he (barely) won.  He has used the office to enrich himself and his businesses, he’s alienated our allies, and he’s used the government itself to attack protesters and political enemies—he was impeached for doing that!  He wasn’t removed from office for it because he has also, somehow, managed to drag the Republican Party and a lot/many/most (?) of its leaders down to his level.  They talked themselves into believing that protecting Trump is what “real Americans” want them to do, because…why again?  Because with Trump as president they will get judges who will incorporate their political and religious beliefs into American law?

There was an ad on television the other day (please, Jesus, end the TV ads!) in which the candidate looked sincerely into the camera and told me “this election is about getting our economy moving again.”  No; no, it’s not.  I understand why you say that, and that would be a very good thing to get the economy back up to speed…also, to be able to go to a restaurant or a ballgame again, or even back to the office.  But no, that’s not what this election is about.

This election is about saving the United States of America from the chaos and fascism and authoritarianism that is undoubtedly right around the corner if Donald Trump wins re-election.  Even if Joe Biden is not everything you want in a president, he is one thing you need in a president: he is not Donald Trump.  He is a patriot, and he will govern with the best interests of this country at heart.  Just ask these Republicans:

You could also ask yourself, when was the last time I remember a president promising me that the next election was going to be rigged…unless he wins?  The last time a president running for re-election, and his political party, spent so much time making it harder for people to vote, and laying the groundwork to overturn the results?

He’s a clown…a cartoon.

Vote him out of office next week.  Do it for America.  A landslide may not be enough—let’s make it an avalanche that will also defeat whatever nonsense he pulls to try to ignore our votes and hold onto office (and stay out of jail).  That will make America great again.

Five weeks

The job of president of the United States was meant to be a manager who would lead the executive branch to efficiently carry out the business of the nation’s government.  It still is that, but it’s also become a symbol of the battle between competing claims to exercise a moral imperative: on one side, those who want government to enforce upon the rest of us their idea of the one right way Americans should live their lives, and on the other those who have a broader view of the meaning of “Life, Liberty and the pursuit of Happiness.”  The situation is tedious, and divisive, and destructive of our ability to get along with those of our fellow citizens who have different opinions of the proper role of government in our lives.  What’s worse is, the campaign for the job never stops—thank you, sir, may I have another!

Right now, five weeks before the election, is when we should be starting the campaign.  That’s time enough to review information about the candidates, time for reflection…and after election day it would be time to go back to regular life, where if you choose to you could escape the obsession with the daily minutiae of politics.  Time enough to make a reasoned decision, and move on.

The two major party candidates for president have their first side-by-side appearance tomorrow night (I’ll be surprised if they actually engage in debate), to talk about issues and make the case why we should give him the responsibility of managing—just for starters—our national defense; our response to global pandemics and natural disasters; our relationships with our allies and with our enemies; the delivery of our mail!  Someone we can trust to look out for our country’s best interests, and to obey its laws.

So, I’ll watch the debate tomorrow and I’ll think, which of these guys do I want representing us…me…for the next four years?  Will it be the guy who

(There are plenty more where those came from.)

No, it will not be that guy.

You get to make your own choice, and you’re pretty smart, and there are five weeks left to think it over…before you get to make a secret choice, and no one will ever know who you voted for unless you tell them.  Just sayin’…