In the matter of the new-but-same-old president, I have a few thoughts; let the sharing begin

Presidential inaugurations are historic moments. I watch them all, even when it is a president I didn’t vote for, and I’ll watch this one, too. Here are a few things I’ll be thinking about.


The man who will take the oath of office as president of the United States this Monday has the support of only one-third of Americans who were eligible to vote in the last election.  The other two-thirds either voted for someone else (most of them for Kamala Harris) or didn’t vote at all.  According to data gathered by the University of Florida Election Lab, and neatly organized for even easier reading here on Wikipedia, the 156.3 million Americans who voted in November are less than 64% of all those Americans who were eligible to vote in that election.  The majority of citizens who did cast ballots, 77.3 million, voted for Donald Trump; that number of people is only 31.59% of the Americans who were eligible to vote in that election.  To Trump’s credit, there have been only three winners of presidential elections since 1980 (the period covered by this research) who got a higher percentage of votes from among all those eligible: Joe Biden in 2020 (33.78%, from 81.2 million voters), Barack Obama in 2008 (32.58%, 69.4 million votes) and Ronald Reagan in 1984 (32.47%, 54.4 million voters).

The hardest truth, I think, is this: 88.3 million Americans who were eligible to vote…didn’t.  Put another way, of those who had the right and privilege to participate in their own governance, 36% did not…either could not vote for some reason, or could not be bothered to.  That’s more than who voted for Trump, more than who voted for Harris.  Even though that is still the second-best participation rate in the period studied, trailing only the 2020 election.


Some of the youngest folks who voted this past November would have been as young as 10 when Trump was elected the first time, so they wouldn’t have been paying attention to the 2016 campaign or maybe remember some of those highlights. I found this handy reminder list on Twitter, and share it here as a public service.


Although the announcement came from TFG (now meaning “the felon guy” rather than “the former guy”), I do not believe for one instant that the man who eight years ago lied about the crowd size at his first inauguration to protect his fragile ego is the same guy who now made the very sensible decision to bring this year’s ceremony indoors to protect people from the cold.  In fact it is the Joint Congressional Committee on Inaugural Ceremonies which plans and executes these events, and I can completely see it not taking public credit for this choice so as not to be seen as bigfooting an incoming president, especially this one.  I’m not buying that the guy who four years ago encouraged Americans to risk their safety to commit violence at the Capitol as part of his attempt to overturn an election is the same guy who is looking out for others when he says “I don’t want to see people hurt, or injured, in any way. It is dangerous conditions for the tens of thousands of Law Enforcement, First Responders, Police K9s and even horses, and hundreds of thousands of supporters that will be outside for many hours on the 20th”.  Also, I think it should be “it will be dangerous conditions” rather than it is.  And also just by the way, who taught this nitwit the rules of capitalization?


It was disheartening to see the tenuous relationship with the concept of “truth” exhibited by some of the Trump Cabinet nominees during confirmation hearings.  To be fair, Republicans and Democrats are just as adept as MAGA persons are when it comes to the kabuki dance of non-answer answers to pointed questions, finding it a preferred alternative to perjury.  I accept the validity of politely refusing to provide a speculative answer to a hypothetical, or for judicial nominees to refuse to express an opinion about a case that might come before them some day.  But to say, for example, that some of Pam Bondi’s responses strained credulity is to really streeeetch the definition of “strained.”  Am I really expected to believe that Bondi did not/does not know certain facts of life, as reported by Dahlia Lithwick at Slate:

  • Did she hear Donald Trump’s telephone call to Georgia’s secretary of state asking him to find more votes? No, she never listened to it.
  • Did she hear Trump’s comments about prosecuting Liz Cheney? She never heard that.
  • Does she know about Trump’s pledge to prosecute Jack Smith? She does not.
  • His threat to go after Merrick Garland? No idea.
  • What does she think of Kash Patel’s much-vaunted enemies list? Oh. Did he say that on TV?
  • Patel’s threats to shutter the FBI? She doesn’t know.
  • Pardons for those convicted for the Jan. 6 insurrection? She dare not judge a matter that may come before her.
  • And did Trump lose the 2020 election? Biden is the president.
  • No really, did Trump win the 2020 election? She saw some STUFF on the ground in Pennsylvania.You have NO idea.
  • What does she know beyond a shadow of a doubt? There was a “peaceful transition” after the 2020 election.

Or her flat-out refusal to acknowledge that a part of the law is in fact a part of the law:

Padilla: Will you defend birthright citizenship as the law of the land?Bondi: I will study birthright citizenshipPadilla: You're asking to be considered for Attorney General and you still need to study the 14th Amendment of the Constitution?

FactPost (@factpostnews.bsky.social) 2025-01-15T18:29:45.201Z

I really wish that in cases like this senators would at least stand up for themselves and the prerogatives of the Senate even if they won’t call bullshit on behalf of their constituents or their country. Some day, when a nominee refuses to answer a direct question in these ways, I would love the senator to respond by saying “Thank you. The lack of candor displayed by your refusal to respond to my question, and your refusal to participate in this Constitutionally-mandated procedure in good faith, means I will not vote to confirm your nomination and I urge my colleagues to do the same. Thank you for coming.”


Recommended election reading, for those inexplicably eager for more election news

This week both The Los Angeles Times and The Washington Post issued the surprise announcement that they will endorse no one in the race for president this year.  Those decisions were made by the owners of the newspapers, who in that capacity have every legal right to make the choice they did.  Just not the moral and ethical rights, not if they want their newspapers to mean anything to the readers they claim to serve.

In the case of the LA Times, as the editorial board prepared a series of editorials leading to an endorsement of California native and former state attorney general and U.S. Senator Kamala Harris, it got a message from owner Dr. Patrick Soon-Shiong, “with scant internal or public explanation, abruptly vetoing the planned endorsement, informing the board through an intermediary that The Los Angeles Times would make no recommendation in the presidential race.”  Through an intermediary?  Dude didn’t have the guts to deliver the news face to face?  The story at the above link has more.

The choice at the Washington Post, which was expected to endorse the Democratic candidate, too, was to cease any endorsements in presidential elections from now on; it was announced by the paper’s publisher and framed as a choice to maintain neutrality.  That choice has been interpreted as an effort by the owner, Jeff Bezos, to avoid antagonizing the former guy; the Post itself has published the very critical reactions of 17 of its own opinion columnists under this declaration:

The Washington Post’s decision not to make an endorsement in the presidential campaign is a terrible mistake. It represents an abandonment of the fundamental editorial convictions of the newspaper that we love. This is a moment for the institution to be making clear its commitment to democratic values, the rule of law and international alliances, and the threat that Donald Trump poses to them — the precise points The Post made in endorsing Trump’s opponents in 2016 and 2020. There is no contradiction between The Post’s important role as an independent newspaper and its practice of making political endorsements, both as a matter of guidance to readers and as a statement of core beliefs. That has never been more true than in the current campaign. An independent newspaper might someday choose to back away from making presidential endorsements. But this isn’t the right moment, when one candidate is advocating positions that directly threaten freedom of the press and the values of the Constitution. [emphasis added]

Plenty of other papers are making endorsements, of course, including my hometown Houston Chronicle and my birthtown New York Times, both of whom are encouraging a vote for Harris.  And here are a few other recommended readings:

The Washington Post’s Eugene Robinson with a vivid reminder of the double standard we’ve developed for covering the two major party candidates: high scrutiny for the woman candidate, and a kind of same-old same-old attitude when the former guy “spews nonstop lies, ominous threats, impossible promises and utter gibberish.”

In Slate, Steven Greenhouse with the consideration that the unfathomable (to some) closeness of this contest can be blamed on the richest of the rich Americans who are prioritizing their personal financial well being over the betterment of our country.

At The Bulwark, Will Saletan’s tight summation of just what – specifically – Trump is doing that warrants him being labelled – accurately – as a fascist.

And a lively reminder from The Daily Show’s Jon Stewart of the it-would-be-amusing-if-it-weren’t-so-dangerous reality that the former president is, in point of fact, demonstrably not many the things that his loyal army of supporters say are their reasons for voting for him.  He is, in fact, the opposite of what they say he is, but they can’t/won’t see that.  Sad.

The truth shall set you free

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

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

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

(snip)

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

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

(snip)

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

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

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

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

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

This is not your Founding Fathers’ America

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

You can’t ignore that corrupt elephant in the room forever

Permit this interpretation of this afternoon’s vote in the Republican-controlled Texas House of Representatives to impeach the state’s Republican attorney general: Enough!

Republicans have controlled state government here in Texas for more than 20 years: all the statewide offices are and have been held by Republicans, and GOP members hold and have held a majority in the state House and Senate.  But today, 123 of the 149 House members (one seat is vacant) –- including 60 Republicans and all the House Democrats — impeached Ken Paxton on 20 charges, including bribery, abuse of public trust, and allegations of felony securities fraud that Paxton has been dodging trial for since shortly after he first took office as attorney general in 2015.  (Yes, the Texas attorney general has been under indictment for alleged securities fraud for eight years now, and still no trial!)  From The Texas Tribune this afternoon:

The move to impeach came less than a week after the House General Investigating Committee revealed that it was investigating Paxton for what members described as a yearslong pattern of misconduct and questionable actions that include bribery, dereliction of duty and obstruction of justice. They presented the case against him Saturday, acknowledging the weight of their actions.

“Today is a very grim and difficult day for this House and for the state of Texas,” Rep. David Spiller, R-Jacksboro, a committee member, told House members.

“We have a duty and an obligation to protect the citizens of Texas from elected officials who abuse their office and their powers for personal gain,” Spiller said. “As a body, we should not be complicit in allowing that behavior.”

And that, I believe, is the key to today’s decision.  Ken Paxton has been suspected of…oh, shall we say, questionable behavior…since his time as a legislator.  Did I mention the indictments on charges of securities fraud?  (Oh yeah, I did.)  And as The Texas Tribune explains, “Many of the articles of impeachment focused on allegations that Paxton had repeatedly abused his powers of office to help a political donor and friend, Austin real estate developer Nate Paul.

In fall 2020, eight top deputies in the attorney general’s office approached federal and state investigators to report their concerns about Paxton’s relationship with Paul.

All eight quit or were fired in the following months, and most of the details of their allegations against Paxton were revealed in a lawsuit by four former executives who claim they were fired — in violation of the Texas Whistleblower Act — in retaliation for reporting Paxton to the authorities. Paxton’s bid to dismiss the lawsuit is awaiting action by the Dallas-based 5th Court of Appeals.

According to the lawsuit, the whistleblowers accused Paxton of engaging in a series of “intense and bizarre” actions to help Paul, including intervening in an open-records case to help Paul gain documents from federal and state investigations into the real estate investor’s businesses. They also accused Paxton of directing his agency to intervene in a lawsuit between Paul and a charity, pushing through a rushed legal opinion to help Paul avoid a pending foreclosure sale on properties and ignoring agency rules to hire an outside lawyer to pursue an investigation helpful to Paul’s businesses.

In return, the whistleblower lawsuit alleged, Paul paid for all or part of a major renovation of a home Paxton owns in Austin. Paul also helped Paxton keep an extramarital affair quiet by employing the woman Paxton had been seeing, the lawsuit said, adding that the attorney general may also have been motivated by a $25,000 contribution Paul made to Paxton’s campaign in 2018.

In their report to the House General Investigating Committee on Wednesday, the panel’s investigators concluded that Paxton may have committed numerous crimes and violated his oath of office.

Investigators said possible felonies included abuse of official capacity by, among other actions, diverting staff time to help Paul at a labor cost of at least $72,000; misuse of official information by possibly helping Paul gain access to investigative documents; and retaliation and official oppression by firing employees who complained of Paxton’s actions to the FBI.

The articles of impeachment accused Paxton of accepting bribes, disregarding his official duties and misapplying public resources to help Paul.

I think it has just gotten to be too much – for Republicans!  Those of them still connected to reality have come to realize that the party’s continued accusations of all manner of perfidy against anything with a Democratic Party label on it are becoming less and less realistic (they’ve already gone far beyond mere believability) as their party continues to pretend there is no corrupt elephant in their own living room.  Some of them, I suspect, would be very happy to have Paxton gone from office but as they come face to face with a mountain of evidence gathered by their own party they’re fed up with the hypocrisy.  Democrats, too, of course:

The Legislature had impeached state officials just twice since 1876 — and never an attorney general — but the House committee members who proposed impeachment argued Saturday that Paxton’s misconduct in office was so egregious that it warranted his removal.

“This gentleman [Paxton] is no longer fit for service or for office,” said committee member Rep. Ann Johnson, D-Houston. “Either this is going to be the beginning of the end of his criminal reign, or God help us with the harms that will come to all Texans if he’s allowed to stay the top cop on the take, if millions of Texans can’t trust us to do the right thing, right here, right now.”

Rep. Charlie Geren, R-Fort Worth, a member of the investigative committee, used his presentation time to criticize Paxton for calling representatives as they worked on the House floor to “personally threaten them with political consequences in the next election” if they supported impeachment.

What does Paxton have to say?  What do think: he reverted to a standard Trumpian response to any accusation at all, saying in a statement that “The ugly spectacle in the Texas House today confirmed the outrageous impeachment plot against me was never meant to be fair or just. It was a politically motivated sham from the beginning.”  Right.

What’s next?  The Texas Constitution calls for Paxton to be temporarily suspected from office and the state Senate to conduct a trial, where it would take the votes of two-thirds of the members (21) to permanently remove Paxton from office and bar him from holding state office in the future.  There are just 12 Democratic senators right now, so some of the 19 Republicans would have to vote against Paxton in order for him to be found guilty.  By the way, one of those Republican senators is Angela Paxton.  Ken Paxton’s wife, Angela Paxton, who might be a juror in a trial that accuses her husband of, among other things, using his official position to hush up an alleged extramarital affair.  The state constitution requires all senators to attend an impeachment trial, no word yet if she will recuse herself.

EDITOR’S NOTE: Since I wrote this piece the Republican chairman of the Texas House committee that investigated Attorney General Ken Paxton and brought the articles of impeachment has explained why he believes that “Paxton must be held accountable for his flagrant abuses of his office and of the public trust.” Read it for yourself right here in the Houston Chronicle.