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.

Say the truth

It feels like it’s been going soooo slooooowly, but maybe we’re going to see some movement.  Chairman Bennie Thompson says the first public hearings on what the House January 6 committee has learned will be held in early June, and committee member Jamie Raskin is describing what they have learned this way: “This was a coup organized by the president (Donald Trump) against the vice-president (Mike Pence) and against the Congress in order to overturn the 2020 presidential election” and “We’re going to tell the whole story of everything that happened. There was a violent insurrection and an attempted coup and we were saved by Mike Pence’s refusal to go along with that plan.”

Wait, what?  Saved by Mike Pence?

To be fair, I can remember feeling sort of satisfied at the time that Pence had finally stood up to his boss (I think there was some mention of overcoming obsequiousness in there) and refused to take part in such a blatantly illegal plan—a coup.  But I hadn’t considered that maybe we all owe Pence more of a debt than we realized.  Earlier this week MSNBC’s Chris Hayes laid out this interpretation.

I’m eager to see the evidence.  I’m eager to get on with it!  Not to rush to judgment, mind you, but it’s been almost 16 months: the legislative branch and the Justice Department and the court system have got to nail the people responsible for this illegal power grab, and do it soon…or we may find those traitors may be back in power in Washington and in a position to protect themselves forever.  We’ve got to take action to punish those who deserve punishment, and stand up to the haters.

None of the mechanisms to deter a rogue president would work to restrain a reelected Trump.

On that note, I was invigorated last week to stumble across a speech by Michigan state senator Mallory McMorrow.  In retaliation for her support of LGBTQ issues, one of her “colleagues” embraced the popular new right-wing slur by accusing McMorrow of “grooming” children for sexual exploitation.  In a fundraising message.  No evidence provided, of course.  But McMorrow didn’t just take it, or shrug it off; in less than five minutes she sent a positive message that hits the haters right between the eyes.

“Hate will only win if people like me stand by and let it happen.”

I want to take a lesson from Mallory McMorrow, and not to afraid to call them like I see them.  We need to make it OK again to say the truth that we see.  It’s how we can defeat the haters.

Democrats Ask if They Should Hit Back Harder Against the G.O.P.

Dear Founding Fathers,

The public discourse here in America in the 21st Century has become so bizarre that I’m having trouble keeping it sorted…having trouble understanding what’s going on.  Not that it’s your responsibility to help, but I thought that trying to explain some of it to you might help me clear my head, so here goes.

Republican members of the House and Senate in Washington have blocked plans for a Congressional investigation of the attack on the Capitol back in January, on the day that Congress was certifying the results of last year’s election for president and vice president.  They did so with an explanation that defies facts and logic, something they have become very practiced at offering.  The plan approved by the House had been negotiated by members of both parties, with the Republicans asking for changes to the original idea to make sure it would not be a partisan witch hunt aimed at damaging their party before next year’s Congressional elections.  The Democrats accepted all the changes the Republicans asked for, yet just 35 House Republicans voted for it, and then it failed in a Senate vote with only six Republican senators voting in favor.  Why?  The Senate Republican leaders said the plan would be a “partisan kangaroo court” intended to damage Republicans and the recent former president of their party.  Some of these same Republicans—who were physically present in the Capitol that day and saw what happened; who hid from the mob with their colleagues—are now asking us to believe that the whole thing was either just a bunch of tourists visiting, or was actually orchestrated by liberals.

This came two weeks after the Republicans threw out their own #3 leader in the House.  Liz Cheney of Wyoming, daughter of the former vice president and as hard-line a conservative Republican as they come, was tossed for being insufficiently servile to the former president, for insisting on accepting the evidence of her own senses and denouncing his behavior in continuing to claim that the election was stolen from him, despite there being no evidence of any voter fraud significant enough to have made a difference.

…at the end of the day, the problem isn’t that Cheney is making controversial statements; the problem is that Republicans consider her obviously true statements to be controversial.

In a recent tweet that sent the move to ditch her into overdrive, Cheney wrote in response to a Trump statement calling his election defeat THE BIG LIE: “The 2020 presidential election was not stolen. Anyone who claims it was is spreading THE BIG LIE, turning their back on the rule of law, and poisoning our democratic system.” This should not be considered provocative.

That’s the National Review talking there!

The Big Lie is leading Republican-controlled state legislatures around the country to pass new laws that will make it harder for some people to vote, and easier for state officials to manipulate election results…for their own benefit and that of their party.  And it’s all being done right in front of our faces.

Republican legislators claim they’re tightening up election procedures to address (unfounded) concerns about fraud in the 2020 election. But what’s really behind this effort is a group of conservative Washington insiders who have been pushing these same kinds of voting restrictions for decades, with the explicit aim of helping Republicans win elections. The difference now is that Trump’s baseless claims about 2020 have given them the ammunition to get the bills passed, and the conservative movement, led by Heritage, is making an unprecedented investment to get them over the finish line.

“We’re working with these state legislators to make sure they have all of the information they need to draft the bills,” Anderson told the Heritage Foundation donors. In addition to drafting the bills in some cases, “we’ve also hired state lobbyists to make sure that in these targeted states we’re meeting with the right people.”

Democrats in the Texas Legislature found a temporary way to fight back on Sunday night: they walked out just before a procedural deadline, denying the state House a quorum, and killed the “bad ol’ bill” that Republican leadership was pushing.  The Republican governor says he will call a special session to start the process over again (absolutely his prerogative) and cut funding for the legislative branch (absolutely his predictable, childish response).

There’s been good news lately on the fight against COVID-19.  Thanks to so many people finally wearing a mask, and to so many getting vaccinated, the number of deaths is at its lowest level in ten months, the positive rate among those being tested is below five percent, and the Centers for Disease Control and Prevention recently loosened its guidelines on who should wear masks and when—as it should when conditions call for it.  More places are beginning to open up.  (The chief government administrator for the county that includes Houston, who has been among the most strident anywhere for telling people to wear masks and keep their distance, downgraded the threat level—twice!—in the past week!)  What we’ve been doing is finally showing signs of working.  If you think that has people finally conceding the efficacy of those actions, you’re thinking wrong: here’s the news of Houston hospital employees (most are not health care providers) suing their employer over its requirement that they get vaccinated if they want to keep their jobs.  They claim that since the vaccines have only ever been approved by the Food and Drug Administration for emergency use, any requirement to take the vaccine amounts to “nonconsensual human experimentation” under a code of medical ethics adopted in response to Nazi atrocities during World War II.  Their lawyer is “a former chairman of the Harris County GOP who has launched numerous legal challenges related to the pandemic, including a ban on in-person worship services last year.”

These people are…well, choose your own word for what it is when a member of Congress compares a COVID-fighting mask requirement from the speaker of the House to the Nazi extermination of Jews–

(Please note, the Christian Broadcasting Network “journalist” conducting the interview nods along as if she’s saying nothing more controversial than that the sun rises in the east.)

Holding different political beliefs is one thing, but it’s becoming damn near impossible to discuss anything when some of our “leaders” appear to have lost their minds.  This Democrat (no relation) is barely containing his disgust:

Why…the big question has to be, why are so many Republicans now the way they are.  On the specific question of the January 6 investigation, I think S.E. Cupp has it absolutely right—they are complicit in the crime, and are trying to protect themselves!

CNN conservative commentator S.E. Cupp on Friday pondered the purpose of her party ― the GOP ― after Senate Republicans blocked a bipartisan probe into the deadly Capitol riot.

“My question to the Republican party would be, what are you here for? What is your function if not to preserve the republic and protect American democracy?” Cupp told “The Lead” anchor Jake Tapper.

“If you have no curiosity about what happened on Jan. 6, first of all, I think it’s just because you believe it will implicate you … But also, I’m not sure what you stand for as a party,” she said.

(snip)

“The point of having two strong parties is to bring a competition of ideas to the table,” she said. But while Cupp admitted to not agreeing with many Democratic proposals, at least it wasn’t the “gibberish” and “nonsense” coming from across the aisle.

“Talking about Dr. Seuss and Mr. Potato Head and conspiracy theories and lies,” she said of Republican focus in recent months. “Making inane, absurd comparisons between the Nazis and mask mandates.”

(snip)

It’s “incredibly embarrassing to watch an American political party cower just to fetishize and service the emotional narcissism of one guy, the guy who, by the way, lost it all for you,” she said, calling it “maddening,” “infuriating” and “a disgrace.”

That’s coming from a confirmed Republican.

I’ve got to keep in mind that not all Republicans have hopped on the crazy train.  But there are enough off them out there—and I mean, way out there—that it’s frightening.  What is driving this?  Not admiration for the last Republican president, I think…it’s clear that very many national party leaders are disgusted by him.  Always were, still are.  But, I think they see the advantage he brings to their side in the culture war, lining up a not-insignificant segment of Americans who see themselves inevitably losing their privileged place in society, and who appear willing to “do what it takes” to hold onto it.  As Amber Ruffin puts it, “resisting change means maintaining power.  And that’s why they’re fighting to keep racist children’s books and Confederate statues, and that’s why they’d rather talk about cancel culture than domestic terrorism.”  Worth your time to watch this clip…

Thanks for the sympathetic ear…thanks for the terrific country, too. We’ll keep doing our best…

The winter of my discontent has spilled over into the spring

You’d have thought that two months would have been plenty of time.  Time for Americans to take a calming breath, relax a bit, and let the radicalization of thought and action spurred by “the former guy” just naturally subside.  Time for passions to cool.  Time for the recognition of fact versus fiction.

Nope.

Four years of cognitive dissonance generated by the primary source of fake news in our lives reached its crescendo in early January when thousands of people claiming to hold an unwavering belief in law and order ignored the provable facts and attacked the seat of government of the country they swore they loved.  Hundreds of law enforcement officers were injured by the “patriots” who took the law into their own hands that day and tried to overturn the results of a free and fair election because they didn’t like the result.

The man impeached for inspiring that assault has left office, but the “the crazy” is still in the house.  He wasn’t the cause, it turns out; just a catalyst.

I daresay we all know at least a few of these people.  The stone cold racists.  The Christian Nationalists trying to make the United States a “Christian nation” even though the Constitution prohibits that.  The self-styled “conservatives” for whom anything can be said if it annoys their political opponents and inspires their own supporters, with adherence to actual accuracy or consistency with their own past statements not required.

They took advantage of having a mainstream leader—it don’t get any mainstreamer than the White House—who was willing to support their radical beliefs to force a massive change in the course of American society.  For four years, it was working.  They didn’t count on Dear Leader being so thoroughly self-absorbed and delusional that he refused to lead the country against the ravages of a global pandemic, a failure which generated enough antagonism that it inspired the record voter turnout that caused his defeat.

MAGA nation has always been there; it came out of the shadows in 2016, and it’s not done.

For those with no self-esteem and no affinity for truth, the blatant and self-serving lying is still going strong.  (Recent examples here and here.)  The flow of ludicrous conspiracy theories and disinformation is unrestrained—such as Wisconsin’s Ron Johnson, “an all-access purveyor of misinformation on serious issues such as the pandemic and the legitimacy of American democracy, as well as invoking the etymology of Greenland as a way to downplay the effects of climate change.”  The absence of any need for intellectual consistency has never been more apparent: a lawyer who is being sued for defamation by a voting machine company she trashed for weeks is defending herself by claiming that “no reasonable person” would have believed the things she claimed in an actual legal filing were actually true!

Many Republicans across the country acknowledge that they have a problem: there are too many Americans who have not drunk the kool-aid and are not voting for Republicans. So they are taking action to make it harder for those people to vote at all.

More than 250 bills have been introduced in 43 states that would change how Americans vote, according to a tally by the Brennan Center for Justice, which backs expanded voting access. That includes measures that would limit mail voting, cut hours that polling places are open and impose restrictions that Democrats argue amount to the greatest assault on voting rights since Jim Crow.

First across the finish line is the great state of Georgia.  In the state where a Republican secretary of state effectively told a sitting president soliciting his cooperation in voting fraud to shove it, the Republican legislature passed and the Republican governor signed an “overhaul of state elections that includes new restrictions on voting by mail and gives the legislature greater control over how elections are run.”

Among other things, the law requires a photo ID in order to vote absentee by mail, after more than 1.3 million Georgia voters used that option during the COVID-19 pandemic. It also cuts the time people have to request an absentee ballot and limits where ballot drop boxes can be placed and when they can be accessed.

Democrats and voting rights groups say the law will disproportionately disenfranchise voters of color. It is part of a wave of GOP-backed election bills introduced in states around the nation after former President Trump stoked false claims that fraud led to his 2020 election defeat.

The effort in Georgia and elsewhere—including my state of Texas, sad to say—are marketed as laws designed to provide greater ballot security and give voters reassurance about the integrity of election outcomes.  This presupposes your belief in the old GOP chestnut that elections now are not secure and that the outcomes are not legitimate.  Which, of course, is untrue—look at the literally dozens of lawsuits pursued across the country by Republicans trying to change the outcome of the presidential race last year, which could not prove voter fraud sufficient to have changed any results.  No one can reasonably argue that there is no election fraud, ever, anywhere, but there has never been evidence of the kind of massive voter fraud—ever, anywhere—that Republicans falsely assert as reason to make voting harder.  Even to the extent, in Georgia, of making it illegal to give a bottle of water to anyone waiting in line to vote.

Republicans who recognize actual truth understand this: their party controls the legislatures in 30 of the 50 states, and thus the redistricting process in those states, which goes a long way to perpetuate their electoral strength in legislative and congressional elections despite their national weakness.  (Democrats redistrict to their own benefit, of course, but they don’t have as many opportunities.)  In the 2020 election for president, 84.1 million Americans voted for someone other than the Republican incumbent, and another 80.8 million Americans didn’t vote at all, so nearly 70% of Americans who are eligible to vote turned thumbs down at another four years of Republican control of the White House.  In an election where more Americans voted than ever voted before, less than one-third of Americans voted Republican at the top of the ballot.  If Republicans want to hold on to power, they know they had better use their majorities while they still have them.

So must the Democrats in Congress.  The For the People Act, passed by the House of Representatives and awaiting action in the Senate, is an effort to negate the Republican attempts to make voting more difficult: it would expand voting rights, and limit gerrymandering, and take precedence in these areas over any laws passed in the states.  We’ll see.

Meanwhile, Republicans and conservatives seem intent on amusing us with their crying and whining.  The party that used to be all about personal responsibility can’t shut up about being the victims of cancel culture when they get caught doing the very things for which they criticize others.